THE
C
ORDINANCES
OF THE
• LEGISLATIVE COUNCIL OF THE COLONY
OF
HONGKONG ,
COMMENCING WITH THE YEAR 1844 .
VOL. I.
CONTAINING ORDINANCES No. 1 OF 1844 To No. 13 OF 1864, TOGETHER WITH REGULATIONS,
RULES AND ORDERS IN FORCE ON THE 31ST OCTOBER, 1890 .
COMPILED FOR THE GOVERNMENT OF HONGKONG,
BY
A. J. LEACH ,
Of Lincoln's Inn, Barrister-at-Law,
UNDER THE GENERAL SUPERVISION OF THE LAW REVISION COMMISSION.
DIEUR DRO
0
By Authority.
HONGKONG :
PRINTED BY NORONHA & Co., GOVERNMENT PRINTERS.
1890 .
K
H
2
3
1
7
8
8
Rec . Sept. 30,1905
: .
VOL. I.
ADDENDA .
At page 32 - Note that Ordinance No. 10 of 1844 is repealed by Ordinance No. 10
of 1890, as from the 1st January, 1891 , subject to Her Majesty's right of disallowance.
At page 169 - Note that section 36 of Ordinance No. 14 of 1845 is repealed by
Ordinance No. 10 of 1890 as above.
At page 248 -Note that Ordinance No. 5 of 1850 is repealed by Ordinance No. 10
of 1890 as above.
At page 451 - Note that section 22 of Ordinance No. 3 of 1860 is repealed by
Ordinance No. 10 of 1890 as above.
At page 477- Note that Ordinance No. 13 of 1860 is repealed by Ordinance No.
29 of 1890, as from 1st January, 1891 .
At page 572 - Note in reference to the foot-note at the end of Ordinance No. 8 of
1863, that by Government Notification No. 478, Gazette 15th November, 1890, it has
been signified that it is not Her Majesty's pleasure to disallow the Ordinance.
-
NOTE. No notification has been published in the Gazette in reference to H. M.'s
pleasure with regard to Ordinance No. 10 of 1890.
CORRIGENDA .
At page 220, in section 19 of Ordinance No. 2 of 1847, for the word " amended "
in foot- note substitute " repealed."
At page 293, in the foot-note to Ordinance No. 1 of 1855 , for " revive " substitute
"revived ."
31st December, 1890.
1
1
9
INTRODUCTION .
The object of this work is to supply the long felt want of an Edition of
the Ordinances accessible to the legal professions and the public generally.
The Edition which will comprise 4 or 5 volumes and will probably be
Q.
carried down to the end of 1890 will contain :
1. All Ordinances of the Colony whether in force or not.
2. All regulations , rules and orders in force printed at foot of the
Ordinances to which they relate and references to regulations,
&c. no longer in force.
3. Proclamations in reference to Ordinances of sufficient import
ance printed in full and statements of the effect and date of
proclamations, bringing into force, disallowing or suspending
Ordinances - But proclamations merely signifying H. M.'s
confirmation of Ordinances, where the Ordinance has no
suspending clause are not referred to.
Each volume will also contain :
( i ) A chronological table of the Ordinances in that volume
showing in columns the number, year and title of the Ordi
nances and how each has been dealt with.
(ii) An alphabetical table of the Ordinances, being an index to
the titles of the Ordinances.
Repealed Ordinances, or sections of Ordinances are indicated by small
•
type in contra-distinction to the larger type of Ordinances in force .
Repeals of portions of sections are indicated in italics.
Amendments are dealt with as follows :
Where the amendment consists in the substitution of words, the
original words are printed in italics and if the substituted
words consist of only two or three words they are also
inserted in brackets ( in italics ) immediately after the original
words ; where they consist of more words the reference to
the amending Ordinance is only given.
Where the amendment is general the reference is usually at foot
of the section .
In all cases of repeals and amendments references are given to the
repealing Ordinance at the foot of the Ordinance or sections or in their
appropriate place in the body of the section.
In some instances marginal references to the English Acts from which
the Ordinances have been taken have been added , in other cases and
especially in more recent Ordinances these references form part of the
original marginal notes to the sections .
Obvious errors in print have been noticed marginally and occasionally
explanatory foot notes have been added which of course are not authoritative.
Where Ordinances have been affected by legislation or regulations,
& c. made under Ordinances too late to be inserted in the text of a volume
but prior to binding up they will be referred to or inserted in the addenda.
ANDREW J. LEACH.
Hongkong, December , 1890 .
3 .
CHRONOLOGICAL TABLE OF THE ORDINANCES
IN
Volume I ( pp. 1 to 678 )
showing how the Ordinances have been dealt with.
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. Сом
YEAR. MENCE
MENT.
No. 1 of 1844, An Ordinance to define the law relating to Disallowed ; C.O.D. No. 1
slavery in Hongkong, 26, 12th August, 1844, J
No. 2 of 1844, An Ordinance to regulate the printing of
books and papers, and the keeping of Rep. by Ord. No. 6 of 1886, .. 3
printing presses within the Colony & c.,
No. 3 of 1844, An Ordinance to provide for the registration
of deeds wills judgments and conveyances 5
affecting real or immovable property & c.,
No. 4 of 1844, An Ordinance to restrain masters of merchant
vessels belonging to Her Majesty's sub
Disallowed ; C.O.D., No. Į 11
jects from leaving seamen and others in
a destitute state in the Colony of Hong 41 , 29th April , 1846, .. (
kong, &c. , ....
No. 5 of 1844, An Ordinance for the preservation of good or 14
der and cleanliness within the Colony & c., Rep. by Ord. No. 14 of 1845 , ..
No. 6 of 1844, An Ordinance to authorize His Excellency
the Governor of Hongkong to refer all Disallowed ; C. O.D. , No. Į 16
26 , 18th August, 1844 , f
civil actions or suits to arbitration, ..
No. 7 of 1844, An Ordinance for removing doubts respecting
the application to Hongkong, ofthe laws
Rep. by Ord. No. 7 of 1886, 17
and statutes of England relating to
usury, &c., ...
Sec. 7 rep. (in part) by
No. 8 of 1844, An Ordinance for prohibiting the distillation Ord. No. 9 of 1864. All
18
of spirits within the Colony &c ., ... rep. by Ord . No. 21 of
1886,
( Secs. 7 & 8 amended by
Ord. No. 1 of 1846.
No. 9 of 1844, An Ordinance to restrain all persons within Suspended until amend
the Colony of Hongkong from trading in ment by C.O.D. , No. 58 , 20
the Empire of China to the northward 20th Nov. , 1844. Rep.
of the 32d degree of north latitude, ………
. by H. M.'s Order in
Council (China) 3rd
March, 1859 , ....
Sec. 25 rep. by Ord. No. 16
No. 10 of 1844, An Ordinance to regulate summary proceed of 1875 ,
ings before Justices of the Peace, and to All rep. by Ord. No. 10 of 22
protect Justices in ae execution of their 1890 as from 1st Jan.,
office, 1891 , subject to H. M.'s
right of disallowance, ..
VI CHRONOLOGICAL TABLE OF THE ORDINANCES.
PAGE
NUMBER OF "
AND TITLE. HOW DEALT WITH. Сом
YEAR. MENCE
MENT.
Title amended by Ord. ]
No. 7 of 1858.
Sec. 1 amended by Ord .
No. 4 of 1853 .
Sec. 2 amended by Ord .
No. 10 of 1868 .
Sec. 7 amended by Ords.
No. 4 of 1845, No. 7 of
1858 and No. 10 of 1868.
Sec. 8 amended by Ord .
No. 7 of 1858.
No. 11 of 1844, An Ordinance for licensing Public Houses, Five Secs. added by Ord.
and for regulating the retail of fermented, No. 7 of 1858 and num 33
and spiritucus liquors in the Colony & c., bered 26 to 30.
Sec. 32 (37) rep. (in part)
by Ord. No. 7 of 1858.
Sec. 33 rep. by Ord. No.
7 of 1858 .
New secs. 38 to 40 added
by Ord. No. 7 of 1858.
All rep. by Ord . No. 21
of 1886, except secs . 38
and 39. Secs. 38 and 39
rep. by Ord . No. 21 of
1887,
No. 12 of 1844, An Ordinance for the establishment and Rep. (in part) by Ord. No.
regulation of a Police Force in the 6 of 1857. All rep. by 45
Colony & c., ... O.d. No. 9 of 1862, ..
No. 13 of 1844, An Ordinance for the appointment and
regulation of Native Chinese Peace Rep. by Ord . No. 6 of 1857... 50 .
Officers & c.,
No. 14 of 1844, An Ordinance for the suppression of Public 52
Gaming in the Colony &c., ... Rep . by Ord . No. 9 of 1876 ..
Disallowed in C.O.D. No.
No. 15 of 1844, An Ordinance to establish a Supreme Court | 96, 24th March , 1845 . 53
of Judicature at Hongkong, Rep. by Ord. No. 6 of
1845
No. 16 of 1844, An Ordinance for establishing a Registry of
the Inhabitants of the Island of Hong Rep. by Ord. No. 18 of 1844 .. 95
kong and its Dependencies, ....
No. 17 of 1844, An Ordinance for the better securing the
Peace and Quiet of the Inhabitants of 98
the Town of Victoria and its vicinity
during the night-time,
No. 18 of 1844, An Ordinance to repeal Ordinance No. 16 of
1844, and to establish a Registry and Cen Rep. by Ord. No. 7 of 1846 .. 100
sus of the Inhabitants of the Island & c .,
No. 19 of 1844, An Ordinance for the better regulation of the
Harbour and surrounding Waters of the Rep. by Ord. No. 11 of 1845 .. 104
Island & c . ,
*
: .
CHRONOLOGICAL TABLE OF THE ORDINANCES. VII
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH. Сом
YEAR. MENCE
MENT.
No. 20 of 1844, An Ordinance to empower the Governor of
Hongkong with the advice of the Ex
ecutive Council there of in cases of exigen Disallowance proclaimed } 105
cy, to place any Districts or Public or 19th Aug., 1845 ...
Military Stations of the said Island
under Martial Law, ...
No. 21 of 1844 , An Ordinance for licensing the Sale of Salt
Opium &c. within the Colony of Hong 106
Rep. by Ord. No. 5 of 1845 ..
kong and for the licensing of Pawnbrokers
and Auctioneers & c . , .....
No. 22 of 1844, An Ordinance for establishing Standard
Weights and Measures, and for preventing Rep. by Ord. No. 8 of 1885 .. 108
the Use of such as are False and Deficient,
No. 1 of 1845, An Ordinance for the suppression of the Triad Rep. (in part) by Ord.
and other secret Societies within the No. 12 of 1845. Rep. 113
Island of Hongkong and its Dependencies , by Ord. No. 8 of 1887.
No. 2 of 1845, An Ordinance to raise an assessed Rate on
Lands, Houses, and Premises, within the
Rep. by Ord. No. 5 of 1863 .. 113
Colony of Hongkong for the Upholding
of the requisite Police Force therein, ..
No. 3 of 1845 , An Ordinance for Licensing the Retail of
Tobacco and Snuff, within the Colony of Rep. by Ord. No. 2 of 1858 .. 116
Hongkong, and the waters thereof, ....
No. 4 of 1845 , An Ordinance to amend Ordinance No. 11
of 1844, entitled " An Ordinance for
Licensing Public Houses, and for Re Rep. by Ord. No. 7 of 1858 .. 117
gulating the Retail of Fermented and
Spirituous Liquors & c ., " .....
So much as relates to
No. 5 of 1845, An Ordinance to repeal Ordinance No. 21 of )
smoking divans, opium,
1844, and to make better Provision for
&c., rep. by Ord. No. 2
licensing the Weighing and Brokerage of 1858.
of Salt, and the sale of Opium, & c. within 117
The whole Ord . rep. by
the Colony of Hongkong, and for the Ord. No. 21 of 1887 , ex
licensing of Pawnbrokers and Auction
eers, &c . , .... cept sec. 11 , which is rep.
by Ord. No. 5 of 1889,
Sec. 10 rep. by Ord. No. 3
of 1871 .
Secs. 12 & 13 rep. by Ord.
No. 1 of 1873 .
Secs. 16 to 20 (inclusive)
No. 6 of 1845, An Ordinance to repeal Ordinance No. 15 of
rep. by Ords. No. 5 of
1844, for the Establishment of a Supreme
1858 and No. 8 of 1860. 120
Court of Judicature at Hongkong, and to
Secs. 21 & 22 rep. by Ord.
substitute other provisions in lieu thereof, ) No. 8 of 1860.
Sec. 29 rep. by Ord. No. 2
of 1846.
All rep. by Ord. No. 12 of
1873.
Sec. 2 amended by Ord.
S An Ordinance for the Regulation of Jurors No. 4 of 1849.
No. 7 of 1845, 131
and Juries, .. All rep. by Ord. No. 4 of
1851, .....
VIII CHRONOLOGICAL TABLE OF THE ORDINANCES.
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. COM
YEAR. MENCE
MENT.
No. 8 of 1845, An Ordinance to regulate Criminal Proceed- Rep. by Ord. No. 3 of 1865 .. 136
ings,
Sec. 1 amended by Ords.
No. 3 of 1849 & No. 5
of 1854. Sec. 3 (in so
No. 9 of 1845, An Ordinance to invest the Supreme Court far as it relates to any
of Hongkong with a summary Jurisdic disputed balance of an 137
tion in certain Cases, ... unsettled acco
ecount) rep.
by Ord. No. 3 of 1849.
All rep. by Ord. No. 7 of
1862,
No. 10 of 1845, An Ordinance for the Naturalization of
Disallowance proclaimed,
Aliens within the Colony of Hongkong 146
and its Dependencies , 1st January, 1848, ....
No. 11 of 1845, An Ordinance for the further Regulation of
the Harbour of Hongkong, and to repeal Rep. by Ord. No. 1 of 1862, 147
Ordinance, No. 19 of 1844, ....
No. 12 of 1845, An Ordinance to amend Ordinance No. 1 of
1845, entitled " An Ordinance for the Secs. 2 & 3 rep. by Ord . No.
3 of 1881. All rep. by 151
Suppression of the Triad and other secret Ord. No. 8 of 1887 . . ...
Societies in the Island of Hongkong & c.,
No. 13 of 1845, An Ordinance to establish a licensed Ghaut
Serang in the Colony of Hongkong, and 152
Rep. by Ord. No. 6 of 1852 ..
for the better Regulation of Lascars re
sorting thereto,
Sec. 2 sub-s. 12 rep. (in
part) by Ord. No. 9 of
1886. Sec. 2 sub-s. 17
rep. (in part ) by Ord.
No. 8 of 1882. Sec. 3 sub
s. 8 amended by Ord. No.
No. 14 of 1845, An Ordinance to repeal Ordinance No. 5 of 9 of 1857. Sec . 3 sub- ss.
1844, entitled " An Ordinance for the 8 & 9, sec. 6 sub-ss . 2
Preservation of Good Order and Cleanli & 3, & secs. 7 & 8 rep. 153
ness within the Colony of Hongkong by Ord. No. 8 of 1879.
and its Dependencies, and to make other Sec. 11 rep. by Ord. No.
Provisions in Lieu thereof, 17 of 1887.
Secs. 17, 28, 29 & 30 rep.
by Ord. No. 3 of 1860
so far as they relate to
Pawnbrokers.
Sec. 41 rep. by Ord. No.
6 of 1862.
No. 1 of 1846, An Ordinance to amend Ordinance No. 9 of
1844, entitled " An Ordinance to restrain Rep. by effect of H. M.'s
all Persons within the Colony of Hong Order in Council(China) 172
kong from Trading in the Empire of of 3rd March, 1859 :
China to the Northward of the Thirty Gazette 9th July, 1859,
second Degree of North Latitude, ...
CHRONOLOGICAL TABLE OF THE ORDINANCES. IX
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. COM
YEAR. MENCE
MENT.
No. 2 of 1846 , | An Ordinance to amend Ordinance No. 6 of
1845 , entitled " An Ordinance to repeal
Ordinance No. 15 of 1844, for the Estab 173
Rep. by Ord. No. 12 of 1873,
lishment of a Supreme Court of Judicature
at Hongkong, and to substitute other
Provisions in lieu thereof," ..
No. 3 of 1846, An Ordinance for the Relief of Insolvent Rep. by Ord. No. 5 of 1864, .. 174
Debtors within the Colony of Hongkong, S
No. 4 of 1846 , | An Ordinance to explain and extend the
Provisions of the Ordinance to Establish Rep. by Ord. No. 6 of 1852 , .. 205
a Licensed Ghaut Serang &c., ....
No. 5 of 1846, An Ordinance for the Substitution of No
tices and Advertisements under Ordinance
Rep. by Ord. No. 5 of 1864 , .. 206
No. 3 of 1846, entitled " An Ordinance
for the Relief of Insolvent Debtors & c.,"
No. 6 of 1846, An Ordinance for the regulation of Criminal
Proceedings in the Supreme Court of
Hongkong, during the Absence of Her Rep. by Ord . No. 3 of 1865, .. 206
Majesty's Attorney General, .....
No. 7 of 1846, An Ordinance to repeal Ordinance No. 18 of
1844, and to establish a more effectual
Rep. by Ord . No. 6 of 1857, .. 207
Registry of the Chinese Inhabitants , and a
Census ofthe Population ofthe Island & c .,
No. 1 of 1847 , An Ordinance for Licensing Markets and Rep. by Ords. No. 4 of 212
for preventing Disorders therein, 1847 and No. 2 of 1854,
Secs. 4, 5 , 7 & 14, amended
No. 2 of 1847, An Ordinance to provide for a Church in by Ord . No. 3 of 1850, 213
Victoria in the Island of Hongkong, ... *
Sec. 19 rep. by Ord. No.
3 of 1850, ...
( Disallowance proclaimed, 221
No. 3 of 1847, An Ordinance for the Prevention of Piracy, ..
1st January, 1848 , ....
No. 4 of 1847, An Ordinance to Repeal and Amend Ordinance
No. 1 of 1847 , entitled " An Ordinance for
Rep. by Ord. No. 2 of 1854, .. 222
Licensing Markets and for preventing
Disorders therein ," ...
No. 5 of 1847 , An Ordinance for regulating Juries at Coro 224
ner's Inquests, ... Rep . by Ord. No. 11 of 1864,
No. 6 of 1847, An Ordinance for extending the Summary Ju
risdiction of Police Magistrates and Jus Rep. by Ord . No. 1 of 1849, 225
tices of the Peace within the Colony & c.,
No. 1 of 1848 , An Ordinance to regulate the Manufacture
Sec. 4 rep. by Ord. No.
and Storage of a certain Description of 227
4 of 1867, ...
Gunpowder within the Colony & c., ....
No. 2 of 1848 , An Ordinance to amend Ordinance No. 13 of
1845 , entitled " An Ordinance to establish
a licensed Ghaut Serang in the Colony of Rep. by Ord. No. 6 of 1852, 230
Hongkong, and for the better Regulation
of Lascars resorting thereto,"
* In the text, p. 220, section 19 is in error stated to be " amended " instead of " repealed."
X CHRONOLOGICAL TABLE OF THE ORDINANCES.
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH. COM
YEAR. MENCE
MENT.
No. 1 of 1849, An Ordinance to repeal Ordinance No. 6 of
1847 , entitled " An Ordinance for extend
ing the Summary Jurisdiction of Police Rep. by Ord. No. 6 of 1862, 231
Magistrates and Justices of the Peace,
within the Colony of Hongkong," & c ., ..
No. 2 of 1849 , An Ordinance to amend Ordinance No. of
1846, entitled " An Ordinance for the
Rep. by Ord. No. 5 of 1864 , 235
Relief of Insolvent Debtors within the
Colony of Hongkong,"
No. 3 of 1849 , An Ordinance to amend Ordinance No. 9 of
1845 , entitled " An Ordinance to invest
Rep. by Ord. No. 7 of 1862, 236
the Supreme Court of Hongkong with a
Summary Jurisdiction in certain Cases,"
No. 4 of 1849, An Ordinance to Amend Ordinance No. 7 of
1845, entitled " An Ordinance for the Rep. by Ord. No. 4 of 1851 , 238
Regulation of Jurors and Juries,"
No. 5 of 1849, An Ordinance to Facilitate the Examination
of Witnesses in certain Cases before Rep. by Ord. No. 4 of 1887, 238
Commissioners in the Colony & c. ,
No. 1 of 1850, | An Ordinance for the better Administration
of Justice in Criminal Proceedings before
Rep. by Ord. No. 3 of 1865, 239
the sirvema Court, and for improving
the Law of Evidence, ....
No. 2 of 1850, An Ordinance to provide for the more
effective carrying out of the Treaties
between Great Britain and China in so Rep. by Ord. No. 26 of 1889 , 240
far as relates to Chinese Subjects within
the Colony & c.,
No. 3 of 1850, An Ordinance to amend Ordinance No. 2 of
1847, entitled " An Ordinance to provide 241
for a Church in Victoria in the Island
of Hongkong," & c., ....
No. 4 of 1850, An Ordinance to prevent the Desertion of Extended by Ord . No. 6 of
Seamen belonging to Foreign Ships and 1852. Rep. by Ord. No. 243
Vessels , ·· 8 of 1879,
Rep. by Ord . No. 10 of
No. 5 of 1850, An Ordinance to regulate Proceedings before 1890 as from 1st Jan. ,
245
Justices of the Peace, 1891 , subject to H.M.'s
right of disallowance, ..
No. 1 of 1851 , An Ordinance for the Improvement of the Rep. by Ord . No. 15 of
Law of Evidence at the Trial of Criminal 1856 (disallowed) and 249
Cases before the Supreme Court, ...... by Ord. No. 7 of 1857,
No. 2 of 1851 , An Ordinance to regulate the Jurisdiction of
the Civil Courts of the Colony of Hong 249
kong in certain cases...
No. 3 of 1851 , An Ordinance to amend Ordinance No. 2 of Sec. 1 amended by Ord.
1845 , entitled "An Ordinance to raise an No. 8 of 1857. All rep. 250
assessed Rate on Lands, & c.," by Ord. No. 5 of 1863 ,
CHRONOLOGICAL TABLE OF THE ORDINANCES . XI
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
Sec. 5 amended by Ord .
No. 7 of 1857 .
Sec. 6 amended by Ord.
No. 4 of 1854. Revived
by Ords . No. 15 of 1856
& No. 7 of 1857.
No. 4 of 1851 , An Ordinance to repeal Ordinance No. 7 of Sec. 7 amended by Ords .
1845 , entitled " An Ordinance for the No. 4 of 1854 & No. 4
Regulation of Jurors and Juries, " and " of 1862. Revived by 251
No. 4 of 1849 passed for the Amendment Ords . No. 15 of 1856 &
thereof, and to Consolidate and Amend the No. 7 of 1857.
Enactments relating to Jurors and Juries, Sec. 11 (so much as pro
vides that special jurors
shall serve as special and
common jurors ) rep. by
Ord . No. 2 of 1860.
All rep. by Ord. No. 11 of
1864, ....
No. 1 of 1852, An Ordinance for certain Marriages in the Rep. by Ord. No. 14 of 1875, 257
Colony of Hongkong,
No. 2 of 1852 , | An Ordinance to increase in certain Cases the
Powers of Magistrates as regards Publi 263
cans, Boarding-house Keepers, and others,
& c.,
No. 3 of 1852, An Ordinance to amend the law of Evidence, .. Rep . by Ord . No. 2 of 1889, 264
No. 4 of 1852, An Ordinance to Facilitate the Administration 268
Rep. by Ord . No. 3 of 1865,
of Criminal Justice, ....
No. 5 of 1852 , An Ordinance to provide for the Issue of the
Writ of Capias ad Respondendum during 272
Rep. by Ord . No. 4 of 1887,
the Illness or temporary Absence of the
Chief Justice & c . , ....
No. 6 of 1852, An Ordinance for the Prevention of Deser
tion, and better Regulation of Merchant Rep. by Ord. No. 8 of 1879, 272
Seamen in this Colony, ....
No. 1 of 1853 , | An Ordinance for the Regulation of the Gaol & c. , Rep. by Ord . No. 4 of 1863, 276
No. 2 of 1853,| An Ordinance for the Removal of Doubts re
garding the Right of Aliens to hold and 279
Transfer Property & c., ....
No. 3 of 1853, | An Ordinance to extend the duties of Chinese
Tepos appointed under Ordinance No. 13 Rep. by Ord. No. 6 of 1857, 279
of 1844 ; & c.,
No. 4 of 1853, An Ordinance to Amend Ordinances Nos. 11
of 1844 and 5 of 1845 , and to improve
Rep. by Ord . No. 7 of 1858 : 281
the Regulations for the sale of Spirituous See also No. 2 of 1858,
Liquors by Chinese, and the Regulations
for the Retail and Preparation of Opium,
No. 1 of 1854, An Ordinance to raise an additional Police Rep. by Ord . No. 4 of 1887, 284
Rate, .... }
No. 2 of 1854, The Market Ordinance, ....
.. Rep. by Ord . No. 9 of 1958, 285
XII CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH, COM
YEAR . MENCE
MENT.
The nine Acts mentioned
in the schedule so far as
they extend to the Colo
No. 3 of 1854, An Ordinance to declare certain Acts of
ny are repealed by the
the Imperial Parliament to be in force 287
following Ords. No. 4
in this Colony , ..
of 1887, No. 2 of 1889,
No. 5 of 1887 , No. 11
of 1865, No. 28 of 1886 ,.
Rep. by Ord. No. 15 of
No. 4 of 1854, An Ordinance for reducing the Number of 288
1856 (disallowed ) and
Jurymen from Eighteen to Ten, .... Ord. No. 7 of 1857 , ..
No. 5 of 1854, An Ordinance to amend and extend Ordi
nance No. 9 of 1845, entitled " An Ordi
nance to invest the Supreme Court of Rep. by Ord. No. 7 of 1862, 288
Hongkong with a Summary Jurisdiction
in certain cases,"
Not disallowed C.O.D. No. ´
3, 2nd April, 1855.
An Ordinance to provide for the disposal of
No. 6 of 1854, Rep. by Ord. No. 5 of
unclaimed Balances of the Estates of
Persons dying Intestate within the 1855 Revived by Ord. 290
No. 1 of 1857 except s.
Colony &c.,...
5. All rep. again by Ord.
No. 7 of 1885 , ..
Continued in force by Ord.
No. 1 of 1856 till 1st
Jan., 1857. Secs. 3 to 8
No. 1 of 1855, An Ordinance to enforce neutrality during (inclusive) revived and 291
the contest now existing in China, made perpetual by Ord.
No. 9 of 1857.
All rep. by Ords. No. 8 of
1882 and No. 4 of 1887, J
No. 2 of 1855, An Ordinance to provide for and regulate
process in actions at law against persons Rep. by Ord. No. 4 of 1887, 293
absent from the Colony,
No. 3 of 1855 , An Ordinance to remove Doubts as to the Le
gality of the Jury List to be in force from Rep. by Ord. No. 11 of 1864, 302
the First Day of March, 1855 , & c., ....
No. 4 of 1855 , An Ordinance to establish a proper system Rep . by Ord . No. 8 of 1879 , 303
of registration for ....
No. 5 of 1855, An Ordinance to repeal Ordinance No. 6 of
1854, entitled " An Ordinance to provide
for the Disposal of unclaimed Balances of 306
Rep. by Ord. No. 1 of 1857,
the Estates of Persons dying Intestate
within the Colony of Hongkong," and to
substitute other Provisions in lieu thereof,
( Secs. 18 to 26 (inclusive)
and sec . 77 rep. by
Ord . No. 2 of 1889.
No. 6 of 1855, An Ordinance for the Amendment of the Secs. 21 to 30 (inclusive) 307
Civil Administration of Justice, and secs. 42 , 43 and 92
extended to Criminal
cases by Ord. No. 5 of
1856,
CHRONOLOGICAL TABLE OF THE ORDINANCES . XIII
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. Сом
YEAR. MENCE
MENT.
No. 1 of 1856, An Ordinance to continue in operation
Ordinance No. 1 of 1855, "to enforce
Rep. by Ord. No. 4 of 1887, .. 329
Neutrality during the contest now exist
ing in China,”.
No. 2 of 1856 , | An Ordinance to amend the Law relating to 330
Bills of Lading, Rep. by Ord. No. 29 of 1886,
So much as relates
(a) to 11 and 12 V. c. 46
No. 3 of 1856, An Ordinance to declare certain Acts of the
ss. 1 , 2 and 3 rep . by
Imperial Parliament to be in force in the 331
Ord. No. 11 of 1865 ;
Colony &c .,....
(b) to 6 and 7 V. c. 83 rep.
by Ord. No. 17 of 1888, ...
No. 4 of 1856, An Ordinance relating to1 Wills made by 331
Chinese People, !!}
( Sec. 1 rep. by Ord. No. 31
of 1865.
Sec. 2 (so much as relates
to 17 and 18 V. c . 36
and to 18 and 19 V. C.
67) rep. respectively by
Ords. Nos. 10 and 12
of 1864.
Secs. 4 and 10 and so much
No. 5 of 1856, | An Ordinance for the Amendment of Pro as relates to 16 and 17 332
cedure in Civil and Criminal Cases, ...
V. c. 83 rep. by Ord . No.
2 of 1889.
So much as relates to sec.
1 of 16 and 17 V. c . 30
rep. by Ord . No. 11 of
1865 .
So much as relates to 17
and 18 V. c . 90 rep. by
Ord. No. 7 of 1886 , ..
No. 6 of 1856, An Ordinance to extend the Criminal Pro- Rep. by Ord . No. 3 of 1865 , .. 336
cedure Ordinance, No. 4 of 1852 , .....
( Sec. 1 (so much as relates
to 10 and 11 V. c. 96
and to the General Or
ders of the High Court
of Chancery of the 10th
June, 1848 ) rep . by Ord.
No. 7 of 1873 .
Sec. 5 amended by Ord.
No. 7 of 1856 , An Ordinance to extend to this Colony certain No. 4 of 1857.
Enactments and General Orders for
So much as relates to 10 338
reforming Procedure in the High Court and 11 V. c. 96 and
of Chancery and the Offices thereof, orders made thereunder
rep. by Ord. No. 7 of
1873.
So much as relates to 8 and
9 V. c. 16 ; 15 and 16
V. c. 48 ; 17 and 18 V.
c. 25 rep. by Ord . No. 4
of 1887 ,
C
XIV CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH. COM
YEAR . MENCE
MENT.
No. 8 of 1856, An Ordinance for Buildings and Nuisances, .. Rep. by Ord. No. 15 of 1889, 344
Confirmation proclaimed,
3rd Nov., 1856.
No. 9 of 1856, An Ordinance to explain certain Enactments 348
Sec. 3 rep. by Ord. No. 5
relating to Shipping, of 1874. All rep. by
Ord. No. 8 of 1879, ...
No. 10 of 1856, An Ordinance for Lis Pendens and Purchasers, 349
No. 11 of 1856, An Ordinance for lighting the City of Vic Sec. 1 rep. by Ord. No. 5 Į 350
toria, of 1863 ,
Secs . 2, 3, 4, 5 , 12, & 13
No. 12 of 1856, An Ordinance to regulate Chinese Burials, rep. by Ord. No. 24 of
and to prevent certain Nuisances, within 352
1887. Sec . 7 rep. by Ord.
the Colony & c ., ... No. 3 of 1881 .
No. 13 of 1856, An Ordinance for the Admission of Candi
dates to the Rolls of Practitioners in the All rep. by Ord . No. 3 of
1871 except secs. 11 and 356
Supreme Court, and for the Taxation of
12, ..
Costs, ...
[ Sec. 2 amended by Ord . )
No. 7 of 1857 , rep. ( in
part) by Ord . No. 4 of
1857.
Sec . 4 rep. (in part) by 359
No. 14 of 1856, An Ordinance for Fees and Costs,
Ord . No. 4 of 1857.
Secs. 5, 6 & 12 rep. by
Ord. No. 4 of 1857.
All rep. by Ord. No. 4 of
1887, ....
Disallowance proclaimed ,
No. 15 of 1856, An Ordinance for amending the Law of 364
23rd May, 1857 ; rep.
Evidence and Trial by Jury, ..
by Ord. No. 4 of 1887,
No. 1 of 1857, An Ordinance for Intestates ' Estates, ..... Rep. by Ord . No. 7 of 1885, .. 366
!
2 of 1857, An Ordinance for better securing the Peace Suspended byProclamation
No.
15th July, 1857. Rep. 366
of the Colony,
by Ord. No. 4 of 1887 ,
So much as relates to 191
and 20 V. c. 25 rep. by
Ords. No. 4 of 1860 and
No. 4 of 1887.
So much as relates to The
No. 3 of 1857, An Ordinance for extending to this Colony Mercantile Law Amend 369
certain Acts of Parliament, .....
ment Act 1856, rep. by
Ord. No. 13 of 1864.
So much as relates to 19
& 20 V. c. 113 rep. by
Ord. No. 2 of 1889, ... J
No. 4 of 1857, An Ordinance for amending the Ordinances 370
therein mentioned , ....
..
No. 5 of 1857, An Ordinance for Salvage and Prize in certain 370
cases, Rep. by Ord. No. 4 of 1861 ,
:.
CHRONOLOGICAL TABLE OF THE ORDINANCES . XV
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 6 of 1857 , An Ordinance for Registration and Regula- )
tion of the Chinese People, and for the
Population Census, and for other Pur Rep. by Ord . No. 8 of 1858 .. 371
poses of Police,
Sec. 4 rep. by Ord. No. 6
of 1854.
Sec. 5 rep. by Ord . No. 2
of 1860.
Sec. 8 rep. by Ord. No. 3
No. 7 of 1857, An Ordinance for amending the Laws relating of 1865.
to Juries and Evidence, .. 381
Sec. 9 so much as relates
to secs. 5, 6, & 7 of
Ord. No. 4 of 1851 rep.
by Ord. No. 11 of 1864.
All rep. by Ord . No. 2 of
1889,
No. 8 of 1857, An Ordinance for amending Ordinance No. Rep . by Ord . No. 5 of 1963, 393
3 of 1851 , ...
( Secs. 2, 3, 4, & 11 rep . by ]
Ord. No. 14 of 1870.
Sec. 5 amended by Ord.
No. 6 of 1858 ; Proviso
added by Ord. No. 9 of
1864. Rep. by Ord. No. |
No. 9 of 1857 , An amended Ordinance for better Securing 14 of 1870 . 384
the Peace of the Colony,
Sec. 7 rep. (in part) by |
Ord. No. 4 of 1871.
Sec. 8 rep. (in part) by
Ord . No. 5 of 1880 .
All rep. by Ord . No. 8 of
1882 , except sec . 8, ..
No. 10 of 1857, An Ordinance to amend Ordinance No. 3 of Rep . by Ord . No. 7 of 1862 , .. 386
1849,. ....
No. 11 of 1857, An Ordinance for Licensing and Regulating Rep. by Ord. No. 5 of 1874, .. 387
No. 12 of 1857 , An Ordinance for checking the spread of Rep. by Ord . No. 10 of 1867 , .. 391
Venereal Diseases,.
No. 1 of 1858, An Ordinance for Criminal Procedure, Rep. by Ord . No. 3 of 1865, .. 397
( Sec. 7 amended by Ords. ]
Nos . 7 of 1879 and 4 of
1883.
Sec. 8 rep. (in part) and
amended by Ord . No. 7
No. 2 of 1858, An Ordinance for licensing and regulating of 1879.
398
the Sale of prepared Opium, Sec. 13 amended by Ord .
No. 7 of 1879.
Sec. 14 rep. by Ord. No. 7
of 1879.
All rep. by Ord. No. 1 of
1884 ,
XVI CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE.. HOW DEALT WITH . COM
YEAR . MENCE
MENT.
Sec. 2 rep. by Ord, No. 3
of 1865 .
No. 3 of 1858, An Ordinance for the Supreme Court,.• Sec. 3 amended by Ord. 401
No. 3 of 1859.
Sec. 7 rep. by Ord. No. 11
of 1864 ,
Sec. 2 amended by Ord .
No. 8 of 1889. ( Rep.
No. 4 of 1858, An Ordinance for Summary Jurisdictions and by Ord. No. 10 of 1890 404
Appeals to the Supreme Court, as from 1st Jan. , 1891 ,
subject to H. M.'s right
of disallowance ) , ......
No. 5 of 1858 , An Ordinance for extending to this Colony
certain Imperial Enactments, and certain Rep. by Ord . No. 5 of 1860, .. 407
Rules and Orders of the Superior Courts ,
No. 6 of 1858, An Ordinance to amend Ordinance No. 9 of
Rep. by Ord . No. 9 of 1864, .. 410
1857,
No. 7 of 1858 , An Ordinance for amending Ordinance No. 11 Ord . No. 11 of 1844 is 410
of 1844, repealed , ...
Secs. 1 , 2, 3, 4, 5 , 6, 8, 9,
10, 17 and Schedule rep.
by Ord. No. 13 of 1888.
Sec. 7 rep. by Ord . No. 15
of 1888 .
Secs. 11 , 12, 13 , 14, 15, rep.
by Ord. No. 21 of 1887.
Sec. 16 rep. by Ords. No.
6 of 1866 (in part) and
No. 8 of 1879.
Sec. 19 rep. by Ord. No.
24 of 1887.
Sec. 21 rep. by Ords. No. 8
of 1876 & No. 8 of 1882.
Sec. 22 rep, by Ord . No.
22 of 1882 (in part) and
No. 8 of 1858 , An Ordinance for Regulation of the Chinese
by Ords. No. 9 of 1886, 412
People, and for the Population Census, and No. 13 of 1888.
and for other Purposes of Police, ...
Secs. 24, 25, 26 & 27 rep.
by Ord. No. 4 of 1887 .
Sec. 28 rep. (in part) by
Ord . No. 2 of 1876.
Sec. 28 sub-ss. 2, 3, 4, 5
& 8 rep. by Ord. No. 13
of 1888.
Sec. 28 sub-s . 6 rep. by
Ord . No. 24 of 1887.
Sec. 28 sub-s. 9 amended
by Ord. No. 9 of 1864,
and rep. by Ords. No. 7
of 1859, and 8 of 1876.
Sec. 28 sub-ss. 10 & 11 rep. も
by Ord. No. 4 of 1887.
Schedule rep. by Ord . No.
13 of 1888.
CHRONOLOGICAL TABLE OF THE ORDINANCES. XVII
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
Secs. 6, 11 , 13 , and 15
amended by Ord. No. 5
of 1867.
No. 9 of 1858, The Markets' Ordinance, 1858 , Secs . 12 , and 20 rep. by 420
Ord . No 5 of 1867.
All rep. by Ord . No. 17
of 1887,
Sec. 4 rep. by Ord No. 2
of 1859.
No. 10 of 1858, An Ordinance for Penal Servitude, .... 425
All rep. by Ord. No. 10 of
1887, ....
No. 11 of 1858, An Ordinance for the prevention of Offences Rep . by Ord. No. 3 of 1860, .. 427
touching Securities, Sales, and Deposits, f
No. 12 of 1858 , An Ordinance for Practitioners in Law, .. Rep. by Ord. No. 13 of 1862 , .. 433
No. 13 of 1858 , An Ordinance for the continuance of the Confirmation never pro
heretofore existing Regulations respect claimed ( Sec. 6) . 435
ing Chinese Passenger Ships ; & c., Rep. by Ord. No. 4 of 1887,
No. 14 of 1858 , An Ordinance to authorize the application
of a sum not exceeding Twenty-five
Thousand Pounds, to defray the Supple Rep. by Ord. No. 4 of 1887, .. 436
mentary contingent Charges of the Year
1858,
No. 15 of 1858, An Ordinance to apply a sum not exceeding
Seventy-six Thousand Pounds to the Rep. by Ord. No. 4 of 1887 , .. 439
Public Service of the Year 1859, ....
No. 1 of 1859, An Ordinance to amend Ordinance No. 8 of
Rep. by Ord. No. 7 of 1859, .. 441
1858, ..
No. 2 of 1859, An Ordinance to amend Ordinance No. 10 of
Rep. by Ord. No. 4 of 1887 , .. 441
1858, .....
No. 3 of 1859, | An Ordinance to amend Ordinances No. 3 & Rep. by Ords. Nos. 11 of 441
No. 12 of 1858, .... .. 1866 & 4 of 1887, ....
No. 4 of 1859, An Ordinance to apply a sum not exceeding
Ninety Thousand Pounds to the Public Rep. by Ord. No. 4 of 1887, .. 442
Service of the Year 1860, ....
No. 5 of 1859, An Ordinance to authorize the appropriation
of a Supplementary Sum not exceeding Rep. by Ord. No. 4 of 1887 , .. 443
Four Thousand Pounds, to defray the
charges of the Year 1859 , ...
No. 6 of 1859, An Ordinance for providing Hospital Acco Confirmation proclaimed ,
modation on board Chinese Passenger
21st May, 1860. 443
Ships, and for the Medical Inspection of
Rep. by Ord. No. 5 of 1874,
the Passengers & c ., ...
No. 7 of 1859, An Ordinance to amend the Provisions of
Ordinance No. 8 of 1858, respecting the Rep. by Ord. No. 9 of 1864, 445
Deportation of Mendicants,
XVIII CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . Сом
YEAR. MENCE
MENT.
Sec. 2 rep. by Ords. Nos .
No. 1 of 1860 , An Ordinance empowering His Excellency 7 and 16 of 1870 and by
the Governor to grant conditional Par No. 5 of 1871 . 446
dons in certain cases , .... All rep . by Ords . No. 8 of
1876, and No. 8 of 1882 ,
Secs. 9 3, 4 rep. Ord.
No. 2 of 1860, An Ordinance to amend the Law relating to No. 2 of 1889.
446
Jurors and Witnesses , Secs. 5 and 6 rep. by Ord.
No. 11 of 1864, ....
In reference to sec. 22 the
Court of Petty Sessions
is abolished by Ord. No.
6 of 1862. Sec . 22 rep.
by Ord. No. 10 of 1890
No. 3 of 1860, An Ordinance for amending and consolidating as from 1st Jan. , 1891 448
the law respecting Pawnbrokers, ... subject to H. M.'s right
of disallowance .
So much as is inconsistent
with Ord . No. 13 of
1867, rep. by Ord . No.
13 of 1867,
No. 4 of 1860, An Ordinance to amend the Law relating to
Cheques or Drafts on Bankers , and to Rep. by Ord. No. 11 of 1865 , 453
amend the Law of False Pretences, ....
.
No. 5 of 1860, An Ordinance for repealing Ordinance No. 5 | 453
of 1858,
No. 6 of 1860, An Ordinance for transferring to One of Her
Majesty's Principal Secretaries of State 454
the Powers and Estates vested in the
Principal Officers of the Ordnance,
No. 7 of 1860, An Ordinance to extend to this Colony certain
Rules and Orders of the Superior Courts 457
at Westminster, ...
Secs. 10 & 11 rep. by 1
Ord. No. 1 of 1861 and
new secs. substituted .
No. 8 of 1860, An Ordinance to amend the Law in relation Sec. 15 from the words
to the Grant and Revocation of Probates "and all the powers 458
of Wills and Letters of Administration given to the Courts " to
in Hongkong, ... end of sec. rep . by Ord.
No. 1 of 1861 .
Sec. 47 added by Ord . No.
20 of 1885,
No. 9 of 1860, An Ordinance to make better Provision for
the Punishment of Frauds committed by
Rep. by Ord . No. 11 of 1865, 471
Trustees, Bankers, and other Persons
intrusted with Property,
No. 10 of 1860, | An Ordinance to establish and regulate certain
Fees to be taken for duties to be per
Rep. by Ord. No. 8 of 1879 , 473
formed under the Merchant Shipping
Act, 1854,
No. 11 of 1860, An Ordinance to constitute a Marine Court 474
Rep . by Ord. No. 8 of 1879 ,
of Inquiry in Hongkong,
:: .
CHRONOLOGICAL TABLE OF THE ORDINANCES . XIX
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 12 of 1860, An Ordinance to provide a Supply of Water
for the City of Victoria, and to appropriate
Rep. by Ord. No. 12 of 1875 , .. 476
a sum not exceeding Thirty thousand
Pounds for such purpose ,
No. 13 of 1860 , An Ordinance for the Establishment of a J Sec. 1 & schedules amended ( 477
Civil List, ... by Ord. No. 5 of 1862 ,
No. 14 of 1860, An Ordinance for the Remission of Penalties, .. 480
No. 15 of 1860, An Ordinance for the Registration and Regu
lation of Boatmen and others employed 480
Rep. by Ord. No. 8 of 1879 , ..
in Licensed Cargo Boats, and for the
Survey of such Boats, ....
No. 16 of 1860, An Ordinance to amend the Law relating to Rep . by Ord. No. 6 of 1886 , .. 483
Newspapers in Hongkong, .... ...
No. 17 of 1860, An Ordinance to constitute a Board of Exa
miners for granting Certificates of Com
petency to Masters and Mates in the Rep. by Ord. No. 8 of 1879... 484
Mercantile Marine, .......
No. 18 of 1860 , An Ordinance to apply a Sum not exceeding
Sixty-six thousand one hundred Pounds Rep. by Ord. No. 4 of 1887,.. 486
to the Public Service of the Year 1861 ,
No. 19 of 1860, An Ordinance to authorize the appropriation
of a Supplementary Sum not exceeding
Rep. by Ord . No. 4 of 1887 , .. 487
Four thousand and forty-four Pounds to
defray the charges of the Year 1860, ..
No. 1 of 1861 , An Ordinance for amending Ordinance No. 488
8 of 1860, ... ...
No. 2 of 1861 , An Ordinance to apply a Sum not exceeding
Sixty-eight thousand one hundred Pounds Rep. by Ord. No. 4 of 1887 , .. 489
to the Public Service of the Year 1862,
No. 3 of 1861 , An Ordinance to amend the Course of Pro
cedure in the Supreme Court of Hong
kong in its Equity Jurisdiction, and to 490
enable it to award Damages in certain
Cases,
No. 4 of 1861 , An Ordinance to repeal Ordinance No. 5 of Rep . by Ord . No. 4 of 1887, .. 492
1857, ...
No. 5 of 1861 , An Ordinance to authorize the appropriation
of a Supplementary Sum not exceeding
Twelve thousand and fourteen Pounds to Rep. by Ord. No. 4 of 1887 , .. 493
defray the charges of the year 1861 , ..
Sec. 12 rep. by Ord . No. 4
of 1867.
Sec. 19 rep. by Ord. No.
No. 1 of 1862 , An Ordinance for the Regulation and Control { 17 of 1873. 494
of the Harbour of Victoria, Hongkong, Sec. 27 rep. by Ords. No. 3
of 1873 & No. 5 of 1874.
All rep. by Ord. No. 8• of
1879,
XX CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 2 of 1862 , An Ordinance to authorize the Enrolment of
a Volunteer Force , .... Rep. by Ord. No. 18 of 1882 , 499
No. 3 of 1862, An Ordinance to authorize His Excellency
the Governor by Proclamation to prohibit Sec. 1 amended by Ord . Į 500
the Exportation of Military Stores and No. 3 of 1884, ……… .
other Articles , ....
No. 4 of 1862 , An Ordinance to amend Ordinance No. 4 of
1851 , and to increase the Jury Panel to Rep. by Ord . No. 11 of 1864, 501
Thirty,
No. 5 of 1862 , An Ordinance to amend Ordinance No. 13 of
1860 by abolishing the Salaries of the In force 7th July, 1862 :)
502
Chief Magistrate and Assistant Magis Proclamation same date,
trate, & c.,
In force 7th July, 1862 : 1
No. 6 of 1862 , | An Ordinance to abolish the Offices of Chief Proclamation same date.
Magistrate and Assistant Magistrate , and Sec. 5 rep. by Ord. No. 1 503
to appoint and define the Duties of Two of 1863.
Police Magistrates , All rep. by Ord. No. 16 of
1875,
In force 7th July, 1862 :
Proclamation of same
date.
Secs. 16, 17 , and 18 rep.
by Ord. No. 1 of 1871 .
Sec. inserted and num
No. 7 of 1862 , An Ordinance to establish a Court of Sum
mary Jurisdiction, and to authorize the bered 33 by Ord. No. 9 505
of 1864.
appointment of a Judge thereof, Sec. 33 renumbered 34 by
Ord. No. 9 of 1864, and
amended by Ord . No. 1
of 1871 .
All rep. by Ord. No. 14 of
1873,
Secs. 18 rep. by Ord. No.
No. 8 of 1862, An Ordinance to provide for the Manage 2 of 1863.
ment and Control of a Post Office for the 517
All rep. by Ord. No. 10
Colony of Hongkong, ....
of 1876,
r Secs. 10 and 12 rep. byOrd. ]
No. 9 of 1868 , (disallow
ed) and by Ord . No. 8 of
1869.
No. 9 of 1862, | An Ordinance for the Establishment and Sec. 11 rep. by Ord. No. 9
Regulation of the Police Force of the of 1868, (disallowed). 524
Colony of Hongkong, Secs. 20 & 21 amended by
Ord. No. 9 of 1867.
All rep. except secs. 17 to
21 (inclusive) by Ord .
No. 14 of 1887 , ..
No. 10 of 1862 , An Ordinance to provide for the payment of
Pensions to the Civil Servants of the 531
Government of Hongkong,
CHRONOLOGICAL TABLE OF THE ORDINANCES . XXI
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 11 of 1862, An Ordinance to apply a Sum not exceeding
Four hundred and fifty-five thousand 536
Four hundred Dollars to the Public Rep. by Ord. No. 4 of 1887,
Service of the Year 1863, ....
No. 12 of 1862, An Ordinance to amend the form in which Rep . by Ord . No. 11 of 1865 , 537
Sentence of Death is passed,
No. 13 of 1862, An Ordinance to repeal Ordinance No. 12 of
1858, entitled " An Ordinance for Prac Rep. by Ord. No. 4 of 1887, 537
titioners in Law," ...
Sees. 1 and 3 amended by
No. 14 of 1862 , An Ordinance for granting Patents for In- Į Ord. No. 32 of 1889
537
ventions within this Colony , .... (repealed) and by Ord.
No. 6 of 1890, ........
No. 15 of 1862 , An Ordinance to authorize the appropriation
of a Supplementary Sum not exceeding
One hundred and Forty-nine thousand Rep. by Ord . No. 4 of 1887 , 540
Dollars to defray the charges of the
Year 1862, ...
No. 1 of 1863, An Ordinance to amend certain provisions
in Ordinance No. 6 of 1862 , intituled “ An
Ordinance to abolish the Office of Chief Rep. by Ord. No. 16 of 1875 ,.. 541
Magistrate, and to appoint and define the
duties of two Police Magistrates,"
No. 2 of 1863, An Ordinance to amend Ordinance No. 8 of
1862 , intituled “ An Ordinance to provide
for the management and control of a Rep. by Ord. No. 4 of 1887, .. 542
Post Office for the Colony of Hongkong,
No. 3 of 1863, An Ordinance for Vesting all Estates and
Property occupied by or for the Naval
Service of the United Kingdom of Great 542
Britain and Ireland in this Colony in the
Lord High Admiral, &c.,´
No. 4 of 1863, An Ordinance to repeal Ordinance No. 1 of Sec. 7 rep. (in part) by
1853 and to provide Gaols and Debtors' Ord. No. 22 of 1882.
546
Wards, and for the due Control of All rep. by Ord . No. 18 of
Prisoners therein, ·· 1885, ..
Secs . 14, 15, & 16 rep. by
No. 5 of 1863, An Ordinance for the better assessing and Ord. No. 11 of 1867.
collecting the Police and Lighting Rates 549
All rep. by Ord. No. 12 of
within the Colony of Hongkong,
1875, ....
Secs. 1 , 2 , 6, 7 , 8 & 12
No. 6 of 1863 , An Ordinance to provide for the Regulation
of Public Vehicles and Chairs and their amended by Ord. No. 6
of 1882 . 556
Drivers and Bearers, and to license the
Hire of Horses , All rep. by Ord. No. 5 of
..
1883,
XXII CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE . HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 7 of 1863, An Ordinance to apply a Sum not exceed
ing Four hundred and Seventy- seven
thousand Dollars to the Public Service Rep. by Ord . No. 4 of 1887,.. 560
of the Year 1864 , ..
Rep. as from 1st January,
1891 , by Ord. No. 15 of
1890, subject to H. M.'s
No. 8 of 1863 , An Ordinance to prevent the fraudulent
right of disallowance, .. 561
marking of merchandize,
Not disallowed, see Gazette
15th November, 1890,
Notification 478 , ………….
No. 1 of 1864, An Ordinance to provide for conversion of
British Currency in all payments by or 572
to the Government , ..
No. 2 of 1864, An Ordinance for Establishing a Mint in the Rep. by Ord . No. 4of 1887, .. 575
Colony of Hongkong, }
No. 3 of 1864, An Ordinance to authorize the appropriation
of a Supplementary Sum not exceeding
One hundred and fifty-two thousand Rep. by Ord. No. 4 of 1887, • 578
Dollars to defray the Charges of the
Year 1863 ,
No. 4 of 1864, An Ordinance to give effect to Her Majesty's'
Regulations for the observance of Neu
trality during the existing hostilities
between the United States and the Rep. by Ord. No. 4 of 1887, .. 579
States calling themselves the Confederate
States of America,
Secs. 56 & 189 rep. by
Ord. No. 9 of 1864 and
new secs. substituted .
No. 5 of 1864 , An Ordinance to amend the Law of Debtor Į Sec. and heading inserted 580
and Creditor , before sec. 191 & re
maining secs , renumber
ed to end by Ord . No. 9
of 1864,
Secs. 2 & 3, rep. (in
No. 6 of 1864, An Ordinance to render admissible in certain part) by Ord. No. 9 of
cases the Depositions of Witnesses who 1864. 654
cannot be produced at the Trial, &c., .. All rep. by Ord . No. 2 of
1889 ,
Rep. by Ord. No. 31 of
1886 : Repeal annulled
No. 7 of 1864, An Ordinance for compiling a New Edition by Ord. No. 6 of 1889 : 656
of the Ordinances of this Colony, Revived as from date
of original repeal by
Ord. No. 17 of 1889 , .
CHRONOLOGICAL TABLE OF THE ORDINANCES . XXIII
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
No. 8 of 1864, An Ordinance to apply a Sum not exceeding
Six hundred and thirteen thousand
Dollars to the Public Service of the year Rep. by Ord . No. 4 of 1887 , .. 658
1865 , ..
No. 9 of 1864, An Ordinance to authorize the Commissioners
appointed to compile a New Edition of 659
the Ordinances to make certain alterations
therein,
No. 10 of 1864, An Ordinance for preventing Frauds upon
Creditors by Secret Bills of Sale of Rep. by Ord. No. 12 of 1886 , .. 663
Personal Chattels ,
Secs. 2 & 9, rep. (in part)
by Ord. No. 24 of 1882 .
Secs. 5 , 8, 10, 11 , and 14,
rep. by Ord. No. 24 of
1882,
Secs. 6, 9, & 13 amended
by Ord . No. 24 of 1882.
Sec. 12 amended by Ord.
No. 7 of 1868, and by
No. 11 of 1864, An Ordinance for consolidating and amending Ord. No. 24 of 1882, ..
666
the Laws relative to Jurors and Juries, Sec. 22 rep. by Ords. No.
7 of 1868 and No. 8 of
1872 .
Sec. 23 amended by Ord.
Nos. 7 of 1868 and 8 of
1872 .
Sec. 27, 28, rep. by Ord.
No. 17 of 1888.
All remaining sections rep.
by Ord. No. 18 of 1887,
No. 12 of 1864, An Ordinance to facilitate the Remedies on
Bills of Exchange and Promissory Notes Rep. by Ord . No. 4 of 672
by the Prevention of frivolous or fictitious 1887.
Defences to Actions thereon,.
No. 13 of 1864, An Ordinance to amend the Laws of Trade 675
and Commerce , { Sec. 1885 . by Ord . No. 9}
of 7rop.
ALPHABETICAL TABLE OF ORDINANCES
IN
Volume I (pp . 1 to 678)
being an Index to the titles of the Ordinances.
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Absence of Chief Justice, (Writ of Capias ad Respondendum,) .... No. 5 of 1852, 272
Abolition of Chief and Assistant Magistrates, No. 6 of 1862, 503
99 99 "" 99 No. 1 of 1863, 541
Acts (Imperial) Extension, No. 3 of 1854, 287
"" 99 99 No. 3 of 1856 , 331
No. 7 of 1856 , 338
65
" 93
39 ,, 39 No. 3 of 1857, 369
No. 5 of 1858 , 407
3:3
39 "9
99 99 99 No. 5 of 1860, 453
,, "" 99 No. 7 of 1860, 457
Admiralty Estates, Vesting of ..... No. 3 of 1863, 542
Admission of Practitioners , ( Supreme Court ,) No. 13 of 1856, 356
Aliens, Naturalization of, .... No. 10 of 1845 , 146
99 Rights of Property of, .... No. 2 of 1853 , 279
Amendment of Ordinances (see also " Compilation," " Revision,") .. No. 4 of 1857, 370
Appeals from Justices, ... No. 4 of 1858 , 404
Appropriation, No. 15 of 1858 , 439
"" No. 4 of 1859, 442
99 No. 18 of 1860, 486
99 No. 2 of 1861 , 489
99 No. 11 of 1862, 536
39 No. 7 of 1863, 560
99 No. 8 of 1864, 658
39 (Supplementary ,) ... No. 14 of 1858 , 436
No. 5 of 1859, 443
66
99
99 99 No. 19 of 1860, 487
29 . 99 No. 5 of 1861, ❤ 493
XXVI ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Appropriation, (Supplementary,) No. 15 of 1862 , 540
99 .. No. 3 of 1864, 578
Assistant Magistrate, Abolition of, ... No. 6 of 1862 , 503
39 "9 No. 1 of 1863 , 541
Attachment , (Foreign),. No. 2 of 1855 , 293
Auxiliary Police Force, ...... No. 1 of 1854, 284
Bankers' Cheques (False Pretences, &c. ,) No. 4 of 1860, 453
Bankers, Frauds by, .... No. 9 of 1860, 471
Bankruptcy (Insolvent Debtors, & c . ,) No. 3 of 1846 , 174
99 99 99 No. 5 of 1846 , 206
99 "" 99 No. 2 of 1849, 235
"" .د 99 No. 5 of 1864, 580
Bills of Exchange, ( Summary Procedure,) .... No. 12 of 1864, 672
Bills of Lading, .... No. 2 of 1856 , 330
Bills of Sale (Personal Chattels, ) .... No. 10 of 1864, 663
Board of Examination (Mercantile Marine,) ..... No. 17 of 1860, 484
Boatmen, Registration of, ..... No. 15 of 1860, 480
British Currency, Conversion of, ... No. 1 of 1864, 572
Brokers, (Emigration, ) No. 11 of 1857, 387
Buildings and Nuisances, .... No. 8 of 1856 , 344
Burials of Chinese and Nuisances, No. 12 of 1856, 352
Capias ad Respondendum, Writs of,... No. 5 of 1852, 272
Cargo Boats, &c., Registration of, .. No. 15 of 1860, 480
Cathedral (see " Church ").
Census (see " Registration of Inhabitants ") .
Chancery Procedure, No. 7 of 1856 , 338
99 99 No. 3 of 1861 , 490
Cheques on Bankers, (False Pretences, ) No. 4 of 1860, 453
Chief Magistrate, (Abolition of,) No. 6 of 1862 , 503
99 99 No. 1 of 1863, 541
China, Neutrality during contest in, No. 1 of 1855, 291
"" 99 99 No. 1 of 1856, 329
ALPHABETICAL TABLE OF ORDINANCES . XXVII
SUBJE MATTER. NUMBER AND YEAR . PAGE .
Chinese, Burials of, No. 12 of 1856, 352
Chinese Criminals (see " Extradition" " Rendition " ) . •
Chinese Passenger Ships , No. 13 of 1858, 435
99 99 "" No. 6 of 1859, 443
Chinese Peace Officers, No. 13 of 1844, 50
Chinese People (see " Registration of Inhabitants " ).
Chinese, Regulation of, No. 3 of 1853 , 279
"3 99 No. 8 of 1858 , 412
99 99 No. 1 of 1859, 441
Chinese, Rendition of, No. 2 of 1850 , 240
Chinese Tepos & c., No. 3 of 1853 , 279
Chinese Wills, ... No. 4 of 1856, 331
Church, ... No. 2 of 1847, 213
99 ... No. 3 of 1850, 241
Civil Actions, (Arbitration,) . No. 6 of 1844, 16
Civil Courts, (Jurisdiction,) No. 2 of 1851 , 249
Civil List, No. 13 of 1860, 477
99 (Amendment ,) No. 5 of 1862 , 502
Civil Pensions, No. 10 of 1862 , 531
Civil Suits (Chinese) Settlement , ... No. 3 of 1853, 279
Colonial Vessels, ( Registration,) No. 4 of 1855 , 303
Commissioners, to take evidence, .... No. 5 of 1849, 238
Common Law Procedure, No. 6 of 1855 , 307
"9 39 No. 5 of 1856, 332
Compilation of Ordinances, No. 7 of 1864, 656
99 99 No. 9 of 1864, 659
Conditional Pardons, No. 1 of 1860, 446
Contagious Diseases, No. 12 of 1857, 391
Coroner's Juries , No. 5 of 1847, 224
Costs and Fees , .... No. 14 of 1856, 359
Court of Inquiry (Marine,) .... No. 11 of 1860, 474
Court of Summary Jurisdiction, No. 7 of 1862, 505
XXVIII ALPHABETICAL TABLE OF ORDINANCES.
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Criminal Proceedings, No. 8 of 1845 , 136
29 No. 6 of 1846, 206
66
29 No. 1 of 1850, 239
.د 99 (Evidence,) No. 1 of 1851 , 249
No. 4 of 1852, 268
36
22 (Justice,)
"" 39 (Civil and Criminal, ) No. 5 of 1856, 332
No. 6 of 1856 , 336
36
36
(Extension of,) ...
39 93 (Procedure,) No. 1 of 1858, 397
Currency (British), Conversion of, No. 1 of 1864, 572
Death, Sentence of, No. 12 of 1862 , 537
Deeds, Wills, & c . , Registration of, ... No. 3 of 1844, 5
Deportation of Mendicants, .. No. 7 of 1859, 445
Depositions of Witnesses, No. 6 of 1864, 654
Desertion of Seamen,.... No. 4 of 1850, 243
99 29 No. 2 of 1852 , 263
در 99 No. 6 of 1852 , 272
Distillation of Spirits , No. 8 of 1844 , 18.
Emigration Passage Brokers, ... No. 11 of 1857 , 387
Evidence in Criminal Cases, No. 1 of 1851 , 249
99 Depositions of Witnesses, (see that title).
99 Examination of Witnesses, & c. , (see that title) .
Evidence, Law of, .... No. 3 of 1852, 264
99 99 No. 15 of 1856 , 364
99 99 No. 7 of 1857, 381
Examination of Witnesses on Commission, No. 5 of 1849, 238
Exportation of Military Stores, No. 3 of 1862 , 500
Extradition of Chinese, No. 2 of 1850, 240
False Pretences (see Bankers ' Cheques).
Fees and Costs, No. 14 of 1856, 359
Foreign Attachment, ... No. 2 of 1855 , 293
Frauds, by Trustees, Bankers, & c ., ... No. 9 of 1860, 471
Fraudulent Marking of Merchandize, No. 8 of 1863 ,
561
ALPHABETICAL TABLE OF ORDINANCES . XXIX
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Gaming, (Public,) .... No. 14 of 1844, 52
Gaol, Establishment, & c . , No. 4 of 1863, 546
99 Regulation, No. 1 of 1853 , 276
Ghaut Serang- Lascars, & c., No. 13 of 1845 , 152
39 ·99 No. 4 of 1846, 205
No. 2 of 1848 , 230
36
99
Good Order and Cleanliness, No. 5 of 1844, 14
"" در No. 14 of 1845 , 153
Gunpowder, (Manufacture, &c.,) .... No. 1 of 1848 , 227
Harbour Regulation , No. 19 of 1844, 104
99 99 No. 11 of 1845, 147
"" 99 No. 1 of 1862, 494
Imperial Acts, Extension , ... No. 3 of 1854, 287
19 99 No. 3 of 1856, 331
99 99 No. 7 of 1856, 338
No. 3 of 1857, 369
36
99
99 99 No. 5 of 1858, 407
"" (Rules and Orders, ) ( Repeal,) .. No. 5 of 1860, 453
39 99 39 .. No. 7 of 1860, 457
Inhabitants, (Registration,) No. 16 of 1844, 95
99 (Peace and Quiet of,) ... No. 17 of 1844, 98.
99 (Registration and Census,) ... No. 18 of 1844, 100
Insolvent Debtors, (see Bankruptcy) .
Intestate Estates, Unclaimed Balances, No. 6 of 1854, 290
"" "" 99 No. 5 of 1855 , 306
99 99 99 No. 1 of 1857, 366
Jurisdiction of Civil Courts, No. 2 of 1851 , 249
Jurors and Juries, No. 7 of 1845 , 131
"" "" (Amendment,) ..... No. 4 of 1849 , 238
17 99 (Consolidation,) ... No. 4 of 1851 , 251
39 99 (Amendment,) .………. No. 4 of 1854, 288
No. 7 of 1857, 381
36
"" (and Evidence, ) ..
XXX ALPHABETICAL TABLE OF ORDINANCES.
SUBJECT MATTER. NUMBER AND YEAR. PAGE .
Jurors and Juries (Consolidation ,) No. 11 of 1864, 666
29 99 (Coroner's,) No. 5 of 1847, 224
Jury Lists, No. 3 of 1855, 302
Jury Panel, .... No. 4 of 1862, 501
Jury, Trial by, No. 15 of 1856, 364
Jurors and Witnesses (Oaths, ) ... No. 2 of 1860, 446
Justices of the Peace ..... No. 10 of 1844, 22
99 99 "9 No. 6 of 1847, 225
"" 99 "" No. 1 of 1849, 231
"" 99 99 No. 5 of 1850, 245
.. 99 99 (Appeals,) No. 4 of 1858, 404
Land Office, No. 3 of 1844, 5
Lascars, Ghaut Serang, No. 13 of 1845, 152
99 99 No. 4 of 1846 , 205
99 99 No. 2 of 1848 , 230
Law of Evidence, No. 3 of 1852 , 264
Licensing, (Markets , ) No. 1 of 1847, 212
" 99 No. 4 of 1847, 222
99 99 No. 2 of 1854, 285
99 29 No. 9 of 1858, 420
99 (Opium, &c., ) .. No. 21 of 1844 , 106
39 (Public Houses,) No. 11 of 1844, 33
"9 99 No. 4 of 1845 , 117
99 99 No. 7 of 1858 , 410
29 (Tobacco Retail,) No. 3 of 1845 , 116
Lighting, City of Victoria, No. 11 of 1856, 350
39 (Rates,) No. 5 of 1863, 549
Lis Pendens, No. 10 of 1856, 349
Magistrates (Summary Jurisdiction, ) No. 6 of 1847, 225
"9 99 No. 1 of 1849, 231
99 (Appeals from,) .... No. 4 of 1858 , 404
"" (Chief and Assistant, Abolition of, ) .... No. 6 of 1862 , 503
ALPHABETICAL TABLE OF ORDINANCES . XXXI
SUBJECT MATTER. NUMBER AND YEAR. PAGE .
Magistrates, (Chief and Assistant, Abolition of,) No. 1 of 1863 , 541
Marine Courts of Inquiry, ... No. 11 of 1860, 474
Markets, (see Licensing) .
Marriages , ·· No. 1 of 1852 , 257
Martial Law, No. 20 of 1844, 105
Masters and Mates, Examination, (see Mercantile Marine).
Mendicants, No. 7 of 1859, 445
Mercantile Law Amendment, No. 13 of 1864, 675
Mercantile Marine, Examinations, No. 17 of 1860, 484
Merchandise Marks, No. 8 of 1863, 561
Merchant Shipping, No. 4 of 1844, 11
"2 99 No. 9 of 1856 , 348
"" "" (Fees,) .... No. 10 of 1860, 473
Military Stores , Exportation of, .... No. 3 of 1862, 500
Mint, (Establishment,) No. 2 of 1864 , 575
Naturalization of Aliens, No. 10 of 1845, 146
Neutrality: (during Contest in China,) No. 1 of 1855 , 291
99 99 99 No. 1 of 1856, 329
99 (during Contest in America,) No. 4 of 1864, 579
New Edition of Ordinances, No. 7 of 1864, 656
22 29 93 No. 9 of 1864, 659
Newspapers , No. 16 of 1860, 483
Nuisances (and Buildings,) ... No. 8 of 1856, 344
Nuisances (and Chinese Burials,) ... No. 12 of 1856, 352
Oaths, & c., of Jurors and Witnesses, ... No. 2 of 1860, 446
Opium, Salt, licensing, sale of, No. 21 of 1844, 106
No. 5 of 1845, 117
66
Sale, &c. ,
99 "" No. 4 of 1853, 281
97 99 (Prepared,) No. 2 of 1858, 398
Ordinances, Amendment , No. 4 of 1857, 370
"" Compilation, No. 7 of 1864, 656
99 Revision, No. 9 of 1864, 659
XXXII ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR . PAGE .
Ordnance Estates, Vesting, No. 6 of 1860, 454
Passage Brokers, Emigration, No. 11 of 1857, 387
Passenger Ships, (Chinese,) No. 13 of 1858, 435
99 99 99 No. 6 of 1859, 443
Patents, No. 14 of 1862 , 537
Pawnbrokers, No. 11 of 1858, 427
99 No. 3 of 1860, 448
Peace of the Colony, No. 2 of 1857, 366
99 99 No. 9 of 1857, 384
99 99 (Amendment,) .. No. 6 of 1858 , 410
Peace and Quiet at Night Time, No. 17 of 1844, 98
Penal Servitude, No. 10 of 1858, 425
39 No. 2 of 1859, 441
Penalties, Remission of, No. 14 of 1860, 480
Pensions (Civil, ) No. 10 of 1862, 531
Petty Sessions Court, No. 1 of 1849, 231
99 99 No. 5 of 1850, 245
Piracy, No. 3 of 1847, 221
Police Force, No. 12 of 1844, 45
Police Force, (Auxiliary,). No. 1 of 1854, 284
99 99 No. 9 of 1862, 524
No. 1 of 1854, 284
Police and Lighting Rates,
No.
{༤ 5 of 1863, 549
Post Office,..... No. 8 of 1862 , 517
99 No. 2 of 1863, 542
Practitioners , Admission of, No. 13 of 1856, 356
Practitioners in Law, .... No. 12 of 1858, 433
99 99 No. 3 of 1859, 441
99 "" No. 13 of 1862, 537
Prepared Opium, No. 2 of 1858, 398
Printing Regulation, No. 2 of 1844, 3
99 (Newspapers,) .... No. 16 of 1860, 483
ALPHABETICAL TABLE OF ORDINANCES. XXXIII
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Prison Regulation , .. No. 1 of 1853, 276
19 "" No. 4 of 1863, 546
Prize and Salvage,. No. 5 of 1857, 370
29 99 No. 4 of 1861 , 492
Probate and Administration , .... No. 8 of 1860, 458
"" "" (Amendment, ) ... No. 1 of 1861 , 488
Promissory Notes, (Summary Procedure, ) No. 12 of 1864, 672
Public Gaming, No. 14 of 1844, 52
Public Houses, .... No. 11 of 1844, 33
99 (Licensing,) ... No. 4 of 1845, 117
Public Vehicles, No. 6 of 1863, 556
Rating, ... No. 2 of 1845, 113
99 (Amendment,) No. 3 of 1851 , 250
29 (Police,) ... No. 1 of 1854, 284
99 (Police and Lighting, ) No. 5 of 1863, 549
Registration of Boatmen, &c. , No. 15 of 1860 , 480
99 and Census, No. 18 of 1844, 100
99 99 No. 7 of 1846, 207
99 "" No. 6 of 1857, 371
"" of Colonial Vessels, .... No. 4 of 1855, 303
"" of Deeds, & c., .. No. 3 of 1844, 5
of Inhabitants, No. 16 of 1844, 95
33
No. 3 of 1853, 279
No. 6 of 1857, 371
Regulation (and Registration) of Chinese, ..
No. 8 of 1858, 412
No. 1 of 1859, 441
99 of Harbour, (see Harbour Regulation) .
99 of Public Vehicles, No. 6 of 1863, 556
39 of Spirituous Liquors, sale, ... No. 11 of 1844, 33
99 "" 99 No. 4 of 1853, 281
Remission of Penalties, ... No. 14 of 1860, 480
Rendition of Chinese Criminals, No. 2 of 1850, • 240
XXXIV ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER . NUMBER AND YEAR. PAGE.
Restraint of Trade, in China, ... No. 9 of 1844, 20
99 92 "" No. 1 of 1846, 172
Revenue, (see Appropriation).
Revision of Ordinances, (see Compilation).
Salt, Opium, &c . , Licensing, ... No. 21 of 1844 , 106
99 "" Sale, No. 5 of 1845 , 117
Salvage and Prize, No. 5 of 1857, 370
"9 "" No. 4 of 1861 , 492
Seamen, Desertion of, No. 4 of 1850, 243
"" 22 No. 2 of 1852 , 263
"" 29 No. 6 of 1852 , 272
Secret Societies, .. No. 1 of 1845, 113
99 No. 12 of 1845 , 151
Sentence of Death, No. 12 of 1862, 537
Shipping (Merchant,) No. 4 of 1844, 11
99 99 No. 9 of 1856, 348
99 99 (Fees,) No. 10 of 1860, 473
Slavery (Suppression,) No. 1 of 1844, 1
Spirits, Distillation of, No. 8 of 1844, 18
Spirituous Liquors, Sale of, No. 11 of 1844, 33
99 99 99 No. 4 of 1845 , 117
99 در 29 No. 4 of 1853, 281
Standard Weights and Measures , .... No. 22 of 1844, 108
Summary Jurisdiction Court, (see also Supreme Court,) No. 7 of 1862, 505
Summary Jurisdiction (Magistrates and Justices,) No. 10 of 1844, 22
99 92 "" No. 6 of 1847 , 225
99 99 99 99 No. 5 of 1850, 245
99 "" (Petty Sessions, ) ... No. 1 of 1849, 231
Suppression of Desertion, No. 2 of 1852, 263
Supreme Court, (Establishment, ) . No. 15 of 1844, 53
"" 39 No. 6 of 1845 , 120
"" 29 No. 2 of 1846 , 173
ALPHABETICAL TABLE OF ORDINANCES . XXXV
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Supreme Court, (Establishment ,) ....... No. 3 of 1858, 401
"" (Common Law Procedure,) (see that title).
No. 8 of 1845 , 136
:
(Criminal Procedure,)
29 "" No. 6 of 1846, 206
39 No. 1 of 1850, 239
:
39
No. 1 of 1851, 249
:
No. 4 of 1852 , 268
:
""
No. 6 of 1856, 336
:
39
No. 1 of 1858, 397
:
99
:
(Practitioners,) (see that title) .
,, (Summary Jurisdiction,) No. 9 of 1845, 137
99 99 "" No. 3 of 1849, 236
99 23 99 No. 5 of 1854, 288
99 99 99 No. 10 of 1857, 386
Tepos, Chinese, No. 3 of 1853 , 279
Tobacco, &c., Licensing, No. 3 of 1845 , 116
Trade and Commerce, Law of, .... No. 13 of 1864 , 675
Trade Marks, (Fraudulent), .... No. 8 of 1863, 561
Trading in China , .. No. 9 of 1844, 20
99 99 No. 1 of 1846, 172
Triad and Secret Societies, No. 1 of 1845 , 113
99 99 .. No. 12 of 1845 , 151
Trial by Jury, No. 15 of 1856, 364
Trustees, Frauds by, .... No. 9 of 1860 , 471
Unclaimed Balances of Intestates, .. No. 6 of 1854, 290
99 99 39 No. 5 of 1855, 306
39 99 99 No. 1 of 1857, 366
Usury Laws, .. No. 7 of 1844, 17
Vehicles (Public), Licensing, No. 6 of 1863, 556
Venereal Diseases ,. No. 12 of 1857 , 391
Vessels (Colonial) Registration , No. 4 of 1855, 303
Volunteers,. No. 2 of 1862, 499
XXXVI ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Water Supply, .... No. 12 of 1860, 476
Weights and Measures, · No. 22 of 1844, 108
Wills by Chinese, No. 4 of 1856, 331
Witnesses, Depositions of, ......... No. 6 of 1864, 654
Witnesses, Examination on Commission, No. 5 of 1849, 238
Witnesses and Jurors, (Oaths, &c.,) No. 2 of 1860, 446.
Writs of Capias ad Respondendum , ... No. 5 of 1852, 272
ORDINANCE No. 1 OF 1844 . 1
Slavery.
No. 1 of 1844 .
An Ordinance to define the law relating to slavery in Hongkong. Title.
[ 28th February , 1844. ]
HEREAS it is expedient to define and promulgate the law respecting slavery Preamble.
W in the Colony of Hongkong.
1. Be it therefore enacted and declared by the Governor of Hongkong, with the Laws of England
prohibitory
advice of the Legislative Council thereof, that the laws of England prohibitory of of slavery to be
in force at Hong
kong.
slavery, together with the punishments and penalties provided therein , shall be in full
virtue and operation and shall be duly enforced and inflicted in the said Colony, save
as hereinafter excepted .
2. And be it enacted, that every one whatsoever using or treating, or attempting Liabilities incur
red by every one
treating any
to use or treat, any person as a slave in Hongkong, shall upon conviction thereof person as a slave
in Hongkong.
before the Chief Magistrate of Police of Hongkong, or before such Court of Justice as
may hereafter be established in Hongkong, be liable to be imprisoned for any period
not exceeding two years, with or without hard labour and corporal punishment , and
: shall forfeit to Her Majesty Her Heirs and Successors, for the public uses of the said
Colony of Hongkong, such sum not exceeding five hundred dollars for each offence,
and also such other additional sum not exceeding two hundred dollars to be paid to
any person giving information of the said offence, as shall be adjudged by the said
Chief Magistrate or Court aforesaid.
3. And be it enacted that if any person, not being a subject of Her Majesty, Liabilities incur
red by foreigners
shall come within the precincts of the Colony of Hongkong, bringing with him any coming to Hong
kong with slaves
and not convey
person previously a slave, and shall not forthwith on being lawfully requested, or ing them before
Chief or other
within ten days after his arrival as aforesaid (whether thereto being required or not) Magistrate.
convey such previous slave before the Chief Magistrate of Police at Hongkong, or
before the nearest Justice of the Peace, such person shall, on being convicted thereof
as aforesaid, be liable to be imprisoned for any period not exceeding six months, with
or without hard labour and corporal punishment, and shall forfeit to Her Majesty Her
Heirs and Successors, for the public uses of the Colony, such sum not exceeding one
hundred dollars for each offence, and also such additional sum not exceeding fifty
dollars, to be paid to the person giving information of the said offence, as shall be
adjudged as aforesaid.
4. And be it enacted, on any such previous slave being produced before such Slave produced
before Magis
Magistrate as aforesaid, that it shall be explained to him, apart from his former owner, trate to be set
free.
that slavery is prohibited in the Colony of Hongkong, and that he is free to depart
whithersoever he pleases, and such Magistrate as aforesaid shall take due care that
such liberty is freely exercised .
5. And be it enacted in case of any such previous slave expressing a wish to Owner of slave
retaining slave in
remain with his former owner, that such owner shall, together with two approved his service to
enter into a bond
sureties, resident householders in Hongkong aforesaid, enter into a bond to Her with sureties
2 ORDINANCE No. 1 OF 1844.
Slavery.
conditioned for Majesty in the sum of five hundred dollars, conditioned against the removal of such
non-removal of
slave.
previous slave from the Colony of Hongkong by his said former owner, without the
said previous slave having been produced before the Chief Magistrate, or any other
Justice of the Peace of the said Colony of Hongkong, and examined apart as to his
voluntarily departing with his said former owner, and being informed that by his so
doing be will revert to his former state of slavery.
Slave to be sup 6. And be it enacted in case any such previous slave shall at any time leave his
ported and ap
prenticed in case former owner, or in case such former owner shall be unable or unwilling to enter into
of his not re
maining with such bond as aforesaid , that such previous slave shall be maintained at the public cost ,
former owner, or
of former owner
not entering into until such time as he is enabled to gain his own livelihood ; and the Chief Magistrate
bond.
aforesaid is hereby authorized, with the approbation of the Governor in Council, to
apprentice or otherwise place out such previous slave as aforesaid, with a view to his
obtaining a livelihood by his own labour.
Slave found in 7. And be it enacted, if any such previous slave as last aforesaid shall be
service of former
owner proof of thereafter found in the possession or employment of his former owner, that such
due hiring to lay
upon former
owner. possession or employment shall be deemed primâ facie proof of such owner having
unduly repossessed himself of the said previous slave ; and such owner in default of
rebutting such presumption shall be liable to the penalties herein affixed to the
treating or using any one as a slave in Hongkong.
Liabilities incur 8. And be it enacted , that any person knowingly receiving in his house any one
red by any person
not giving infor having any person previously a slave in his possession, or a person used or intended
mation of owner
of slaves inha
biting his house. to be used or claimed as such, and not giving immediate information thereof to the
Chief Magistrate of Hongkong or the nearest Justice of the Peace, shall upon
conviction thereof before the Chief Magistrate, or such Court at Hongkong as herein
aforesaid, be liable to be imprisoned for any period not exceeding three months, with
or without hard labour and corporal punishment, and shall forfeit such sum not
exceeding one hundred dollars for each offence, and also such sum not exceeding fifty
dollars to be paid to the person giving information of the same, as shall be adjudged
in manner aforesaid.
Penalties to be 9. And be it enacted that the punishments and penalties herein provided shall
cumulatory .
be held and deemed to be in addition to those inflicted by the law of England for any
offence mentioned herein, and not in any way in the stead, lieu , or substitution thereof.
Provided always and it is hereby enacted that no part of any sum forfeited, and declared
by the laws of England to be payable to any informer, shall be paid to such informer.
without the express direction of the Chief Magistrate or Court aforesaid, who shall
have full power to make such deductions therefrom as may be deemed expedient.
Rule for inter 10. And be it enacted that whenever this or any other ordinance, in describing
peting this and
other ordinances. or referring to any offence, or the subject matter on, or with respect to which it shall
be committed, or the offender or the party affected or intended to be affected by
the offence, hath used or shall use words importing the singular number or the
masculine gender only, yet the ordinance shall be understood to include several
::
.
ORDINANCES Nos . 1 AND 2 OF 1844 . 3
Slavery. Printing Regulation.
matters as well as one matter, and several persons as well as one person , and females
as well as males, and bodies corporate as well as individuals, unless it be otherwise
specially provided, or there be something in the subject or context repugnant to such
construction.
[Disallowed in C.O.D., No. 26, 12th August, 1844. ]
No. 2 of 1844.
An Ordinance to regulate the printing of books and papers , and the
keeping of printing presses within the Colony of Hongkong.
[ 28th February, 1844. ]
E it enacted, that from and after the first day of April now next ensuing, no No newspaper
to be published
Birprinted periodical work whatever, containing public news or comments on public save in accord
ance with the
rules hereinafter
news, shall be published within the Colony of Hongkong , except in conformity with mentioned.
the rules hereinafter laid down.
(1.) The printer and the publisher of every such periodical work shall appear Printer and pub
lisher to make
before the Chief Magistrate of Police at Hongkong, and shall make and subscribe declaration.
in duplicate the following declaration " I A. B. declare that I am the printer
"(or publisher, or printer and publisher) of the periodical work intitled
66
and printed (or published,
" or printed and published) at Hongkong,"
and the last blank in this form of declaration shall be filled up with a true and precise
account of the premise where the printing or publication is conducted .
(2.) As often as the place of printing or publication is changed a new declaration New declaration
on change of re
shall be necessary . sidence.
(3.) As often as the printer or the publisher, who shall have made such declaration New declaration
onformer printer
as is aforesaid, shall leave the Colony of Hongkong, a new declaration from a printer or publisher leav
ing the Colony.
or publisher resident within the said Colony shall be necessary.
2. And be it enacted , that whoever shall print or publish any such periodical Punishment and
penalty for non
observance of
work as is hereinbefore prescribed , without conforming to the rules hereinbefore laid above rules.
down, or whoever shall print or publish, or shall cause to be printed or published, any
such periodical work, knowing that the said rules have not been observed with respect
to that work, shall on conviction be punished with fine, to an amount not exceeding
three thousand dollars, and imprisonment for a term not exceeding two years.
3. And be it enacted , that each of the two originals , of every declaration so Declaration to be
depositedin office
made and subscribed as is aforesaid, shall be authenticated by the signature and seal of Chief
Magistrate and in
the Supreme
of the said Chief Magistrate of Police ; and one of the said originals shall be deposited Court.
among the records of the office of the said Chief Magistrate, and the other original
shall be deposited among the records of such Supreme Court of Judicature as may
4 ORDINANCE No. 2 OF 1844 .
Printing Regulation.
hereafter be established in Hongkong, and the officer, in charge of each original, shall
allow any person to inspect that original, on payment of a fee of one dollar, and shall
give to any person applying a copy of the said declaration, on payment of a fee of two
dollars.
Copy of declara 4. And be it enacted, that in any legal proceeding whatever, as well civil as cri
tion to be
evidence.
minal, the production of a copy of such a declaration as is aforesaid, attested by the
seal of such Magistrate or Court, as are empowered by this Ordinance to have the
custody of such declarations, shall be held ( unless the contrary be proved) to be suffi
cient evidence, as against the person whose name shall be subscribed to such declaration ,
that the said person was printer or publisher cr printer and publisher (according as
the words of the said declaration may be) of every portion of every periodical work
whereof the title shall correspond with the title of the periodical work mentioned in
the said declaration .
Person ceasing to 5. Provided always, that any person who may have subscribed any such declara
be printer or
publisher to tion as is aforesaid, and who may subsequently cease to be the printer or publisher of
make declaration
thereof.
the periodical work mentioned in such declaration, may appear before such Chief
Magistrate as aforesaid, and make and subscribe in duplicate the following declaration .
" I A. B. declare that I have ceased to be the printer (or publisher, or printer
"and publisher) of the periodical work entitled
<<
" and each original of the latter declaration shall be
authenticated by the signature and seal of the said Chief Magistrate, and one original
of the said latter declaration shall be filed along with each original of the former
declaration, and the officer in charge of each original of the latter declaration shall
allow any person applying to inspect that original, on payment of a fee of one dollar ,
and shall give to any person applying a copy of the said latter declaration, attested by
the seal of the Magistrate or Court having custody of the original, on payment of a fee
of two dollars.
Copy of such 6. And be it enacted, that in all trials in which a copy attested as is aforesaid of
declaration to be
admitted as the former declaration shall have been put in evidence, it shall be lawful to put in
evidence.
evidence a copy attested as is aforesaid of the latter declaration, and the former declar
ation shall not be taken to be evidence, that the declarant was, at any period subse
quent to the date of the latter declaration, printer or publisher of the periodical work
therein mentioned.
Every book or 7. And be it enacted that every book or paper, printed after the passing and
paper to contain
name of printer
or publisher and publishing of this Ordinance, within the Colony of Hongkong, shall have printed on it
place of printing
or publication. at the end thereof the name of the printer and of the publisher, and the place of printing
and of publicatiou , and whoever shall print or publish any book or paper, otherwise
than in conformity with this rule, shall on conviction be punished by fine, to an amount
not exceeding three thousand dollars, and by imprisonment for a term not exceeding
two years .
Declaration by 8. And be it enacted, that after the first day of April now next ensuing no person
the possessor of
any printing
press. shall within the Colony of Hongkong keep in his possession any press for the printing
..
ORDINANCES Nos. 2 AND 3 OF 1844 . 5
Printing Regulation. Registration of deeds wills &c.
of books or papers, who shall not have made and subscribed the following declaration
before the Chief Magistrate of Police at Hongkong ; and whoever shall keep in his
possession any such press, without making such a declaration, shall on conviction be
punished by fine, to an amount not exceeding three thousand dollars, and by imprison
ment for a term not exceeding two years.
"I A. B. declare that I have a press for printing at
66 29
and this last blank shall be filled up with a true and precise
description of the premises where such press may be.
9. And be it enacted, that any person who shall, in making any declaration under Punishment and
penalty for
the authority of this Ordinance, knowingly affirm an untruth shall on conviction making any false
declaration.
thereof be punished by fine, to an amount not exceeding three thousand dollars, and
imprisoned for a term not exceeding two years.
[Repealed by Ordinance No. 6 of 1886. ]
No. 3 of 1844.
An Ordinance to provide for the registration of deeds wills judg Title . [ See
Ordinance
ments and conveyances affecting real or immovable property No.10 of 1856
as to " Lis
Pendens."]
in Hongkong.
[28th February, 1844. ]
HEREAS it is expedient to prevent secret and fraudulent convey Preamble that
it is desirable
W
ances in the Colony of Hongkong , and to provide means whereby to facilitate
the tracing of
the title to real and immovable property may be easily traced and titles to
landed pro
ascertained . Be it therefore enacted by His Excellency the Governor of perty.
Hongkong and its dependencies, with the advice of the Legislative Council
thereof, that from and after the passing of this Ordinance, the Land Office Establish
ment of a Re
in the said Colony shall be a public office for the registration of deeds gistry Office.
conveyances and other instruments wills and judgments in manner
hereinafter mentioned : and that all conveyances and other deeds, wills and
devises and other instruments in writing, now or hereafter to be made or From the
passing ofthis
executed, and all judgments hereafter to be obtained, by which conveyances Ordinance all
instruments
deeds and other instruments in writing wills and judgments , any parcels affecting land
may be regis
ofground, tenements or premises in Hongkong aforesaid or its dependencies tered within
the said office .
now are , or shall or may hereafter be affected may be entered and registered
in the said office in the manner hereinafter directed .
2. And be it further enacted that all such judgments and conveyances Such instru
ments to have
or instruments in writing obtained made or executed respectively after
according to
the passing of this Ordinance, and registered in pursuance hereof, shall their respect
jve dates of
have priority one over the other according to the priority of their respective registration .
6 ORDINANCE No. 3 OF 1844.
Registration of deeds wills &c.
dates of registration , and that all such judgments deeds conveyances or
instruments in writing as last aforesaid , and all future devises which shall
not be registered in pursuance of this Ordinance shall ( as against any
subsequent bonâ fide purchaser or mortgagee of the same parcels of ground
tenements or premises for valuable consideration ) be absolutely null and
void to all intents and purposes. Provided that nothing herein contained
shall extend to bond fide leases at rack rent for any term not exceeding
three years .
Notice of 3. And be it enacted that no notice whatsoever, either actual or
unregistered
instrument
not to affect constructive, of any prior unregistered deed judgment will conveyance or
instruments
instrument in writing , shall affect the priority of any such instrument as
duly regis
tered . aforesaid as shall be duly registered in pursuance of this Ordinance.
Such instru 4. And be it further enacted that all judgments deeds wills conveyances
ment to be
registered or instruments in writing hereafter obtained made or executed, which shall
within a
certain time be duly registered within the respective times next mentioned : that is
after execu
tion. to say, all deeds conveyances and other instruments in writing ( except
wills ) which (if executed in Hongkong or its dependencies ) shall be
registered within one month, or which if executed in any other place shall
be registered within twelve months after the time of execution thereof
respectively , and all wills which (if the devisor die in Hongkong or its
dependencies ) shall be registered within one month , or which (if the
devisor die in any other place ) shall be registered within twelve months,
after the decease of every devisor respectively, and all future judgments
which shall be registered within one month after the entry or recording
thereof, shall severally be in like manner entitled to priority , and shall
take effect respectively by relation to the date thereof, only in the same
manner as if this Ordinance had never been made.
Mode of regis. 5. And be it further enacted that the registration intended by this
tration by a
memorial Ordinance shall be made in manner following : that is to say ; a memorial
containing
certain parti- containing the particulars hereinafter specified shall be delivered into the
culars to be
delivered to said Land Office , signed ( in case of deeds conveyances or other instruments
the Land
Officer. in writing except wills ) by some or one of the parties to the original deed
or instrument, or if such parties be dead or absent from the Colony, then
by one or more of the witnesses to such deed or instrument, and ( in case
of wills and devises ) signed by some or one of the devisees or his or her
guardian or trustees , and ( in case of judgments ) signed by the plaintiff
or plaintiff's : and every such memorial shall be verified by the oath of
:: .
ORDINANCE No. 3 OF 1844 . 7
Registration ofdeeds wills &c.
some competent person , that the same contains a just and true account of
the several particulars therein set forth, which oath shall be taken before
the * Chief Magistrate of Police, or before any Justice of the Peace of the [* See Ordi
nance No. 6
said Colony . of 1862.]
6. And be it further enacted that every memorial of any judgment Particulars
which it is
shall contain the following particulars ; that is to say, the names and necessary for
the memorial
additions of the plaintiffs and defendants respectively, the sum thereby to contain.
recovered or secured , the time of entry or recording the same, and the sum
of money bona fide due thereon ; and every memorial of any deed or
conveyance will or other instrument shall contain and set forth the date of
such deed conveyance will or other instrument, and the particular nature
and object thereof the names and additions of all the parties to such deed
conveyance or instrument, and of the devisor devisee or devisees of such
will, and the names and additions of all the witnesses thereto , and shall
especially particularize and express the parcels of ground tenements and
premises affected or intended to be affected by such deed conveyance will
or instrument, and the proper and ordinary or accustomed names of the
places where the same shall be situated , and ( except in cases of wills ) the
pecuniary or other consideration for the same, in the form or to the effect
of the form numbered 1 in the schedule hereunto annexed . Provided
always, that when there shall be more writings than one for perfecting the
same conveyance devise or security affecting the same parcels of ground
tenements and premises, all such writings shall be stated in one and the
same memorial, in which it shall be sufficient to particularize such parcels
tenements and premises only once.
Such memo
7. And be it further enacted , that on delivery of any such memorial rial to be
as aforesaid, the said Land Officer shall number the same according to the numbered by
the Land
order of time in which it shall have been so delivered, and shall give a Officer and a
receipt to be
receipt for the same, in which receipt shall be specified the certain day and given for the
same and
time of day when such memorial shall have been so delivered , and the Land Officer
shall endorse
proper number thereof in the Register of the said Land Office, and he shall thereon a
certificate of
also in like manner immediately indorse on the back of such memorial a the day and
hour when
certificate, containing the day and time of day when the same was so suchmemorial
was delivered
delivered, and the name and place of abode of the person verifying the same into his office,
such certifi
and shall sign the certificate when so indorsed and such certificate shall be cate to be
taken and allowed as evidence of the registration , and time of registration evidence of
the time of
of every such judgment deed will devise conveyance or other instrument registration
the memorial.of
whereof such memorial shall be so made .
8
Со ORDINANCE No. 3 OF 1844.
Registration of deeds wills &c.
The memorial 8. And be it further enacted that every such memorial shall, as soon
to be regis
tered as soon after the receipt thereof as practicable, be carefully registered by the Land
as possible in
a proper book Officer, in regular succession as received , according to its proper number,
and be depo
sited in a in a particular book to be kept by him for that purpose, and shall afterwards
secure place in
the office. be deposited by him in some secure place in his office, and there kept for
future reference when required, and he shall also keep an index of the
mentioned in
parcels of ground tenements and premises mentioned in every such
Land Officer to memorial, and also a like index or indexes of the names of the several
keep an index
of places and parties to conveyances and other deeds and instruments, and of devisors
names con
nected with and devisees in wills, and of the plaintiffs and defendants in case of
the instru
ments so re judgments with accurate references in all such indexes respectively to the
gistered with
correct refer number and page of registry of the memorial to which any entry in such
ences to the
proper page index or indexes shall relate .
of the re
gistry book,
In case of 9. And be it further enacted that in case of mortgages and judgments
mortgages registered in pursuance of this Ordinance, if at any time afterwards such
and judg :
ments Land
Officer shall verified certificate as is hereinafter next mentioned shall be brought to the
enter satisfac said Land Officer, signed by the respective mortgagors and mortgagees or
tion for the
same on re plaintiffs and defendants or their agents respectively, and attested by two
ceiving a veri
fied certificate credible witnesses , whereby it shall appear that the whole of the monies
as after de
scribed. due on any such mortgage or judgment have been fully paid , or that such
mortgage or judgment is otherwise satisfied, then the said Land Officer
shall make a short entry or memorandum thereof on the memorial and on
the margin of the registry of such mortgage or judgment , and shall after
wards carefully register the same certificate in one of the registry books of
his office, and the Land Officer, shall make an entry thereof in his index or
indexes, referring accurately to the page of registry of such certificate.
Form of the 10. And be it further enacted that every such certificate shall contain
certificate of
satisfaction the following particulars ; that is to say, in case of judgments the
on a judgment
or mortgage. names and additions of the plaintiffs and defendants , the time of entering
up or recording the same, the sum or sums thereby recovered , the date or
dates ofpayment or other satisfaction ofthe amount bonâ fide due thereon,
and in case of mortgages the names and additions of the original parties ,
the date of the instrument, the sum thereby secured , and the time or times
of payment or other satisfaction thereof, and every such certificate shall be
verified by the oath of some competent person , that the same contains a
just and true account of the several particulars therein set forth, which
oath shall be made and taken before the said Chief Magistrate , or before
:: .
ORDINANCE No. 3 OF 1844 . 9
Registration of deeds wills &c.
any Justice ofthe Peace of the said Colony, and on the back of such verified
certificate the Land Officer shall immediately indorse the date when the
same was received by him, and the name and place of abode of the person
verifying the same and the said certificate shall after being so indorsed
and entered as aforesaid be safely kept in his office for future reference
when required.
11. And be it further enacted that it shall be lawful for any person Any person
may deposit
or persons whatsoever to deposit in the said Land Office for safe custody in the said
office any
any conveyance deed power of attorney or instrument in writing deed will or
other instru
whatsoever or his or her last will and testament of which deeds wills ment for safe
custody .
conveyances or other instrument the said Land Officer shall ( first giving a
receipt for the same) immediately make an entry or entries in a book to
be kept for that purpose to which book he shall keep an accurate
alphabetical index having reference therein as well to the name of the
testator or parties to each such deed or instrument as to the person Wills when so
deposited for
or persons depositing the same and the said Land Officer shall carefully safe custody
to be wrapped
and securely keep all such deeds wills or other instruments in his said up in an
office until required by the party or parties depositing the same to deliver envelope
under the seal
of testator
them back again . Provided that every such will or testament shall be or testatrix .
enclosed within a cover or envelope, sealed with the seal of the testator
or testatrix , whose name shall be endorsed by the Land Officer on such
envelope or cover, and every such will shall remain in the said office On the death
of testator
until the decease of the testator or testatrix unless he or she shall Land Officer
shall deliver
previously require the same to be delivered back, and upon the death of the will to
the first
the testator or testatrix the said Land Officer shall ( after examining named execu
tor or to any
such will ) deliver the same to the executor first named therein , or to person order
ed to receive
such other person as shall be duly authorized to receive the same. the same .
12. And be it further enacted that if the said Land Officer or any Penalty on
Land Officer
other person employed in the said Land Office shall wilfully neglect or omit or subordi
nate officers
to number register or enter in manner hereinbefore directed any memorial wilfully
or certificate delivered into the said office, he shall for every such offence neglecting
duty.
forfeit and be liable to pay to Her Majesty, Her Heirs and Successors for
the public purposes of the said Colony , the penalty or sum of five hundred
dollars , and be further liable in damages to the party injured to the Wilful des
truction for
extent of the loss or injury sustained . And if the said Land Officer or gery or altera
tion of any
any clerk or person whatsoever shall wilfully destroy embezzle or secrete registered
instrument
forge counterfeit raze deface or alter any memorial or any part thereof or with intent to
10 ORDINANCE No. 3 OF 1844 .
Registration of deeds wills &c.
defraud or any indorsement made thereon or any entry or registry thereof in any book
injure
punishable in the said office, with intent to defraud or injure any person or persons ,
with 7 or 14
years trans such Land Officer clerk or person so offending shall be guilty of felony , and
portation.
being thereof duly convicted shall be liable to be transported beyond seas
for any term not less than seven years and not exceeding fourteen years.
Correction to 13. And be it enacted that all corrections by erasure interlineation
be verified by
signature of or otherwise in any memorial of the registry of any document required
Land Officer.
to be registered by this Ordinance shall be noted and set forth at length
in red ink in the margin of the memorial wherein they may be made
together with the reasons for making the same and shall be attested and
verified by the signature of the Land Officer for the time being.
Fees to be 14. And be it further enacted that the several fees or sums of money,
taken by the
Land Officer. mentioned in the list numbered 2 in the said schedule ( and no higher or
other fees ) shall be demanded and paid by and to the said Land Officer for
and in respect of the several matters and things to be by him performed
and done under or by virtue of this Ordinance, and the said Land Officer
is hereby required to keep an accurate account of such fees and to pay
over the same to the Colonial Treasurer for the public purposes of the
Colony of Hongkong.
Schedule referred to by this Ordinance.
No. 1 .
1. Date of will or instrument .
2. Nature and object thereof.
3. Names and additions of the parties or devisors or devisees .
4. Names and additions of the witnesses thereto.
5. Description of the land or premises conveyed in or affected
by the deed or will.
6. Name and description of the place where situate.
7. Consideration and to whom and how paid.
8. Any other particulars the case may require.
No. 2.
1. For registering every assignment mortgage or other 5 dollars .
alienation....
2. For registering every will or judgment or receiv 1 dollar .
ing any verified certificate .......
3. For receiving for safe custody any deed will or 5 dollars .
other instrument........ }
4. For every search .......... 1 dollar.
5. For certificate of receipt of any document or
certifying a copy thereof and every other 5 dollars .
certificate
6. For every uncertified copy of any will deed memo 25 cents .
rial or other instrument per folio of 80 words f
···
ORDINANCE No. 4 OF 1844. 11
Merchant Shipping.
No. 4 of 1844.
An Ordinance to restrain masters of merchant vessels belonging to Her Title.
Majesty's subjects from leaving seamen and others in a destitute
state in the Colony of Hongkong , and from refusing to convey dis
tressed scamen from thence to England , and also to provide for the
good conduct of seamen within the same .
[ 28th February , 1844. ]
HEREAS by reason of the distance of Hongkong from Great Britain , great delay Preamble.
WE and expense are incurred in recovering such sums of money as are expended
on Her Majesty's behalf, in conveying home destitute seamen unlawfully left behind
in Hongkong by masters of British merchant vessels.
And whereas it is expedient to effectually provide against masters of merchant
vessels belonging to Her Majesty's subjects leaving behind seamen or other persons in
a destitute state in Hongkong, and against masters of merchant vessels refusing to
convey distressed seamen thence to England , and also to provide means of affording
satisfaction to persons who may have suffered injury from the crew of any vessel
belonging to Her Majesty's subjects.
1. Be it therefore enacted and ordained by His Excellency the Governor of Masters of mer
chant vessels to
Hongkong, with the advice of the Legislative Council thereof, that the master of every enter into bond
with sureties, as
merchant vessel belonging to any of Her Majesty's subjects, as such master and in that in form annexed.
character, on his arrival at Hongkong, shall together with sufficient sureties subject to
the jurisdiction of the Courts of Justice at Hongkong enter into a bond, conditioned
as and in the form in the schedule to this Ordinance annexed . Provided always that
only one such bond shall be required within the space of one year, unless the same
shall become forfeited , and that any bond of a similar nature, taken at any port in the
dominions of the Emperor of China, and conditioned to extend to Hongkong , shall be
of the same force and effect as if entered into at Hongkong aforesaid . Provided also
that the Superintendent of the Trade of Her Majesty's subjects in China may demand
and take such other security as he may deem necessary or sufficient from the owners
master consignees or other persons interested in any vessel, for the due performance of
the conditions in such bond as aforesaid , conditioned to extend both to Hongkong and
the dominions of the Emperor of China, and that thereupon no master of any vessel ,
in respect of which such other security shall be taken, shall be required to enter into
such bond as hereinbefore mentioned.
2. And be it enacted that the Harbour Master at Hongkong or such other officer Harbour Master
to take bond and
as may be duly authorized in that behalf, shall be entitled to demand and take possession give certificate
thereof and
of such bond, and shall deliver a certificate of the taking thereof to such master as approve of
sureties.
aforesaid, and that the sureties therein shall be to the satisfaction of and approved by
the said Harbour Master or other officer.
12 ORDINANCE No. 4 OF 1844 .
Merchant Shipping.
Penalty for not 3. And be it enacted if any master of such vessel as aforesaid shall neglect for the
entering into
bond or not
giving other space of ten days after his arrival at Hongkong, or after the forfeiture of, or after the
security.
expiration of the space of one year from the previous taking of any such similar bond,
or shall at any time upon lawful demand made by the said Superintendent of Trade for
such other security, or by such officers as aforesaid for such bond, neglect or refuse to
enter into the same, or to provide such sureties or other security as aforesaid, that it
shall be lawful for the said Superintendent of Trade, or for such officers as aforesaid, to
arrest and detain such master and the vessel commanded by him , until such time as
the said demand shall be complied with, and also summarily to impose on the said
master a fine not exceeding the sum of one hundred dollars, to be paid to Her Majesty
Her Heirs and Successors for the public purposes of the Colony of Hongkong, and in
case of nonpayment thereof, to forthwith cause the same to be levied of the apparel
boats tackle or furniture of the vessel commanded by the said master.
Master and ship 4. And be it enacted that the said master and the said ship whilst so detained or
detained to be
liable as if bond
entered into. arrested shall be subject in every respect to the same liabilities as if such bond or other
security had been duly entered into.
Proceedings 5. And be it enacted, upon any complaint made of any injury, either in person or
against the crew
of any ship not property, sustained from the act of any of the crew of any vessel belonging to Her
in port, damages
to be paid by Majesty's subjects done or committed within Hongkong or the dominions of the
sureties in bond
or other security .
Emperor of China, or within 100 miles from the coast of China which said vessel
shall not then be in Hongkong or in any port in China at which a British Consular
establishment may exist, and in respect whereof such bond or other security as afore
said shall have been entered into, that it shall be lawful for any competent tribunals
to summon the sureties in such bond or other security as aforesaid to appear and
answer such complaint, and thereupon to proceed to enquire of hear and determine
the same in the absence of the party alleged to have committed the injury complained
of, and to award such damages, (to be paid and borne by the sureties in the bond or
other security aforesaid) to such injured party, as may be just and reasonable. Provided
always that such adjudication shall not be pleadable in bar of any criminal proceeding ,
instituted in respect of the subject matter thereof, and that no such complaint shall be
inquired of or heard unless it shall clearly appear that the party preferring the same
has used all possible diligence in so doing whilst such vessel was in port, and that no
such adjudication of damages or compensation shall be made, if the said sureties show
special cause for delaying the same, or shall undertake to produce the party alleged to
have committed the injury complained of, within a reasonable time to be then fixed by
such tribunal as aforesaid.
Bond or other 6. And be it enacted, that upon any such bond or other security as herein
security to beput
in suit and whole mentioned becoming forfeited, the same shall be put in suit by such person as may
penalty levied.
Superintendent hereafter be duly authorized in that behalf by the said Superintendent of Trade, and the
at his discretion
to return part
thereof. whole penalty thereof recovered and levied, but that it shall be lawful for the Superin
tendent of Trade aforesaid, upon petition being made to him to that effect, to order that
:.
ORDINANCE No. 4 OF 1844 . 13
Merchant Shipping.
such part thereof as shall not be actually expended , in consequence of the breach of the
conditions of the said bond or other security, or as may not be required to liquidate any
legal penalty which may have been incurred by the master or other person bound thereby,
to be returned to the party or parties from whom the same may have been levied , at
such time and on such conditions as the said Superintendent of Trade may think fit and
reasonable.
The schedule to which this Ordinance refers.
KNOW all men by these presents that
master of the vessel the
of
and we
British merchants resident at
are held and
firmly bound unto Her Most Gracious Majesty Victoria, by the Grace of God of Great Britain and
Ireland Queen, Defender of the Faith, in the full sum of one thousand lawful current dollars of the
currency of the Colony of Hongkong, to be paid to Her said Majesty, Her Heirs and Successors, for which
payment to be well and truly made we bind ourselves and each of us for himself in the whole our and
every of our heirs executors and administrators firmly by these presents sealed with our seals , dated this
day of 184 .
WHEREAS the within bound
have agreed to execute this obligation as sureties for the within bound
now the condition of this obligation is such, that if the
within named master of the vessel the
aforesaid do not within one year from the date hereof
unlawfully discharge or leave behind any of the crew of the said vessel the
in Hongkong, and also within the space of one year
aforesaid within the limits aforesaid do not refuse to receive on board the said vessel the
such distressed seamen as may be sent on board thereof
for conveyance to Great Britain, according to the provisions of the statute made and passed in the first year
of the reign of His late Majesty William the Fourth, intituled " An Act to amend and consolidate the
Laws relating to the pay of the Royal Navy," and if no person formerly a seaman of the said vessel, or
no subject of Her Majesty conveyed in the said vessel the to Hongkong, shall within
three calendar months from having been such seamen, or from having been so conveyed, be found
destitute or requiring public relief in Hongkong aforesaid, and also if the within named obligors shall
forthwith discharge all or any sums of money which shall be awarded by way of satisfaction, (in the
manner provided by the ordinance in pursuance of which this bond is entered into) to any person or
persons by any competent tribunal, for any injury sustained within one year from the date hereof from
the crew of the said vessel the or any one or more of them. Then this obligation
shall be void and of no effect, but otherwise shall remain in full force and virtue.
Signed sealed and delivered
at L. S.
in the presence of
[ Disallowed in C. O. D., No. 41 , 29th April, 1846. ]
14 ORDINANCE No. 5 OF 1844 .
Good order and cleanliness.
No. 5 of 1844.
Title. An Ordinance for the preservation of good order and cleanliness within
the Colony of Hongkong .
[ 20th March, 1844. ]
Preamble. HEREAS it is expedient to provide for the preservation of good order and
W cleanliness within the Colony of Hongkong, be it therefore enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof,
Any person that if any person, after the passing and publication of this Ordinance, shall throw, or
throwing filth
into any street or
drain ; lay, or cause, or knowingly permit to be thrown or laid any carrion , dirt, soil, straw, or
dung, or any other filth, rubbish , or noisome or offensive matter whatsoever on any of
Neglecting to the roads, streets, ways or public passages , or into any of the drains or sewers made or
clean street,
drain, or house ; to be made within the said Colony, or shall permit or suffer any such noisome or offen
sive substance as aforesaid to remain exposed in any drain, sewer, or elsewhere, opposite
to or within the immediate neighbourhood of his house, or shall allow any accumulation
Committing nui of filth or offensive substances within the premises occupied by him, or shall commit.
sance; Obstruct
ing public road;
any nuisance by easing himself, or otherwise, in the neighbourhood of any dwelling
house or place of public passage, or shall set out or leave, or cause to be set out or left,
any scaffolding, carriages, bricks, lime, barrels, bales or cases of merchandize, or any
other matter or thing which shall obstruct, incommode, or endanger any person or
Constructing in carriage in any public passage or road, or shall erect any shed, or house of matting, or
flammatory
buildings; other easily inflammable material, so as in case of fire to endanger any neighbouring
Encroaching on
road or Crown building, or shall encroach on any public way or Crown land , by erecting any building,
land; Neglecting
to remove either on or projecting over the same, or shall construct any spout which shall project
ruinousbuildings;
the rain water thereon, or shall neglect to repair or remove any building, erection , or
bank of earth in a ruinous or unsafe state, and which shall endanger any person on
Throwing ballast any public passage or road, or shall cast or throw any ballast, rubbish, or other sub
into or not remov
ing sunken ves
sels in the har stance, either from the shore or from any vessel into the harbour of Victoria , or shall
bour: Riding or
driving on a foot neglect, within a reasonable time, to remove any sunken vessel in the said harbour,
path, or in a
furicus manner
and not keeping belonging to him, or in his charge or keeping, or shall ride or drive on any foot- path
the right side;
Keeping savage without obvious necessity, or shall ride or drive in a furious manner in any public road,
dogs or other
animals; or in passing or mecting another horse or carriage shall not keep to the customary side
of the road, or being a foot passenger shall not keep as much as possible on the foot
path , or shall keep any dog accustomed to annoy passengers by barking or otherwise,
or shall not properly confine any dangerous or savage dog or other animal belonging
to him, or shall blow any horn, beat any gong or drum, or explode any firework or
Making improper
noises near any firearm , or shall make any other improper noises likely to endanger, annoy, or terrify
road or in the
night-time; any persons or horses in any public road or passage, or shall commit such or other
Exposing for sale
unwholesome
provisions; acts anywhere whatsoever in the night-time, so as to create unnecessary alarms, or if
any person shall expose or proffer for sale in any market, or elsewhere, any liquor,
meat, fish, vegetable, or other article of food in a tainted, noxious, adulterated or
Selling spirits
without licence unwholesome state, or shall sell any spirituous liquor, without being duly licensed , or
or to drunken
person; to any intoxicated person, or shall commit any act of mischief, by destroying, defacing,
:.
ORDINANCE No. 5 OF 1844. 15
Good order and cleanliness.
removing, or otherwise injuring any property whatsoever, or shall neglect to affix to Committing
wanton mischief;
his house and keep alight during the night, such lamp or lanthorn as may be required Neglecting to
affix light to
and approved of by the Superintendent of Police, or shall keep any house for the house; Keeping
honse for prosti
tutes: Frequent
occupancy of public prostitutes, or shall keep or be found in any gambling shop whereof ing gambling
houses: Having
notice shall not have been given to the Chief Magistrate of Police , or shall have in his unlawful imple
ment in his pos
possession any spear, bludgeon , or other offensive weapon, or any crowbar, picklock, session with
intent to use the
skeleton key, or other instrument fit for unlawful purposes, with intent to use the same same; Assem
bling in the
for such unlawful purpose, or if any persons shall assemble together in the night-time night-time;
without a lawful reason for so assembling, or if any person seeing any such assemblage,
or knowing or having reason to suspect that such assemblage, was about to be or had
been made , shall not raise an alarm and give immediate notice thereof to the Not giving notice
of such assem
nearest guard house or police station, or if any person shall behave in a riotous, noisy, blage; Behaving
riotonsly. Being
drunk: Using
or disorderly manner, although no actual breach of the peace shall take place, or shall improper lan
guage; Insulting
be seen drunk in any public road or passage, or shall use any profane or indecent females; Pro
voking a breach
language, or insult auy female in public, or shall make any offensive jokes, gestures , of the peace;
or threats towards any one present which shall be likely to create a breach of the peace,
or shall challenge any one to fight, or if any person shall beg, or expose any sore or
infirmity to view with the object of exciting compassion and obtaining alms, or shall Begging or ex
posing person :
lewdly or indecently expose his person by bathing or otherwise near any public road, Not giving a sa
tisfactory ac
count of himself:
or shall not be able to give a satisfactory account of himself and of his way of living,
or who being abroad at night- time shall not give a satisfactory reason for so being, or
if any persons shall pretend to tell fortunes, or to exercise any magic arts, or shall
otherwise impose on the credulity or superstition of any one whatsoever, with a view to Cheats orimpost
ures; Playing
gain, or shall attempt to defraud any person of any money by pretending that the same in public roads;
Obstructing or
is counterfeit, or if any person shall play at any game in any public passage or road so refusing to assist
officer in his
duty;
as to obstruct the same or create a noisy assembly therein , or shall resist any Justice
of the Peace, constable, peace officer, or policeman in the execution of his duty, or shall
neglect to assist such officer therein when called upon so to do , or if any person
employed as a domestic servant or otherwise shall quit his employer's service without Servant quitting
employ without
giving such warning thereof as shall afford reasonable time to his employer to procure giving warning
or exposing his
another person to act in his stead, or shall neglect or absent himself from his duty employer's pro
perty to injury or
wilfully disobey
without leave, so as to destroy injure or endanger the safety of his employer's property, ing orders;
Watchmen
or shall wilfully disobey such employer's lawful and reasonable orders , or if any person sleeping being
negligent or
employed as a guard or watchman shall sleep at his post, or be negligent remiss or cowardly; Cruelly
injuring animals;
cowardly in the execution of his duty, or if any person shall want only and cruelly &c. Penalty.
mutilate or otherwise illuse any horse, mule, dog or other animal without necessity :
Then and in every such case the person so offeuding shall forfeit and pay to Her
Majesty Her Heirs and Successors for the public purposes of the Colony of Hongkong
such sum not exceeding two hundred dollars as shall be adjudged in the manner here
inafter mentioned.
2. And be it enacted that after conviction for any offence against this Ordinance, After one convic
tou offender
the offender shall be ordered by the convicting Justice or Justices to do such act as liable to double
penalties.
16 ORDINANCES Nos . 5 AND 6 OF 1844 .
Good order and cleanliness. Civil actions - Arbitration.
the subject matter of the case may require and shall be allowed a reasonable time to
perform such order, but that at the expiration of such time, if he shall still be an
offender against the provisions of this Ordinance, he shall be liable to be convicted in
double the penalty formerly inflicted , notwithstanding such double penalty shall amount
to more than the sum of two hundred dollars , and if such offender shall still persist in
offending against this Ordinance he shall be liable to be repeatedly convicted in such
double penalty .
Person refusing 3. And be it enacted that it shall be lawful for the Superintendent of Police of
to comply with
this Ordinance. the Colony of Hongkong, or other officer duly authorized by the Chief Magistrate of
Superintendent
• of Police to act
for him and Police of the said Colony, to require any person whose duty it shall be to remove any
charge him dou
ble the expense. filth or obstruction, or do any other matter or thing required to be done by this Ordi
nance, so to do within a certain time to be then fixed by the said Superintendent of
Police or other officer, and that in default of such requisition being complied with, the
said Superintendent of Police or other officer shall and may cause to be removed such
filth or obstruction, or do or cause to be done such other matter or thing as aforesaid,
himself, and the person so in default shall, in addition to the penalties hereinbefore
mentioned, be liable to pay double the expense thereof which shall be recoverable in the
same manner as any penalty provided by this Ordinance.
Recovery of pen 4. And be it enacted that the penalties provided by this Ordinance shall be
alties.
recovered in a summary manner by proceeding to be had before the Chief, Marine, or
Assistant Magistrates of Police sitting singly, or before any two Justices of the Peace
for the said Colony of Hongkong.
[ Repealed by Ordinance No. 14 of 1845. ]
No. 6 of 1844.
Title. An Ordinance to authorize His Excellency the Governor of Hongkong to
refer all civil actions or suits to arbitration.
[ 20th March, 1844. ]
Preamble. HEREAS the accumulation of public business prevents His Excellency the
W Governor of Hongkong from being able to give his time or attention to the
hearing and decision of civil actions and suits, be it therefore enacted by His Excellency
Governorto make the Governor of Hongkong with the advice of the Legislative Council thereof : That his
order ofreference
to arbitration. said Excellency the Governor of Hongkong shall have full power and authority by any
order of reference, under his hand to refer all civil actions or suits whatsoever, whether
now pending, or hereafter instituted and also all matters in difference between the
parties thereto to the award, and arbitrament of such persons, and on such terms, or
conditions as shall be named, or set forth in the said order of reference.
.
:
ORDINANCES Nos. 6 AND 7 OF 1844 . 17
Evil actions - Arbitration. Usury Laws.
2. And be it enacted that the said order of reference shall to all intents and pur Order of refer
ence to be as
poses be as valid and effectual as if the parties named therein had consented thereto effectual as if
made by consent,
and that the same proceedings in every respect shall be had therein as if same had been and tobe deemed
a rule of Court.
duly made a rule of any competent Court of Judicature in England .
3. And be it enacted that any award made in pursuance of such order of reference Awardliable tobe
set aside.
shall be liable to be set aside by the said Governor in like manner as any award made
in pursuance of any order of reference made by any competent Court of Judicature in
England.
4. And be it enacted that the said power and authority hereby vested in the said Power herein
given tothe Gov
Governor shall cease and determine upon the arrival in the said Colony of, and the ernor to cease
on arrival of
Judge in the
assumption of his functions by any Judge of such Supreme Court of Judicature as shall be Colony.
hereafter erected in Hongkong.
[ Disallowed in C. O. D. , No. 26, 18th August, 1844. ]
No. 7 of 1844 .
An Ordinance for removing doubts respecting the application to Hongkong, Title.
of the laws and statutes of England relating to usury, and to limit,
and define the rate of interest which may be recovered in cases ,
where it hath not been previously agreed on between the parties .
[ 20th March, 1844. ]
HEREAS it is expedient to remove all doubts respecting the application to Preamble.
WH Hongkong, of the laws and statutes of England relating to usury, and to limit
and define the rate of interest , for the forbearance of money which may be recovered
in any Court of law, or equity, in cases wherein the rate of interest has not been fixed
by the parties before the Court, be it therefore enacted , and declared by His Excellency Declaring the
usury laws of
the Governor of Hongkong, with the advice of the Legislative Council thereof, that the England not to
be in force.
laws and statutes of England relating to usury, shall be deemed , taken, and adjudged
not to extend to the said Colony, or its dependencies or to be in force within the same.
2. And be it further enacted, that in all cases where interest for the loan of Not above 12 per
cent tobeallowed
in cases before
money, or upon any other contract, may be lawfully recovered, or allowed in any action, the Court where
no rate has been
or suit in any Court of law or equity, but where the rate of such interest hath not been previously agreed
upon.
previously agreed upon , by, or between the parties, it shall not be lawful for the party
entitled to interest to recover, or be allowed in any such action , or suit above the rate
of twelve dollars, for the interest, or forbearance of one hundred dollars for a year, and
so after that rate for a greater or lesser sum, or for a longer, or shorter time. Provided
always that it shall be lawful for the Court awarding such interest, to allow such lower
rate thereof, as the circumstances of the case may render just and expedient.
[ Repealed by Ordinance No. 7 of 1886. ]
18 ORDINANCE No. 8 OF 1844.
Distillation of Spirits .
No. 8 of 1844.
Title.
An Ordinance for prohibiting the distillation of spirits within the Colony
of Hongkong .
[ 20th March, 1844. ]
Preamble. HEREAS it is expedient to prohibit the distillation of spirits within the Colony
Distillation of
spirits prohi W of Hongkong : Be it therefore enacted by His Excellency the Governor of
bited.
Hongkong, with the advice of the Legislative Council thereof, that from, and after the
passing of this Ordinance, all distillation of spirits from grain , sugar, molasses, fruit, or
any other materials whatsoever, and all rectifying, and compounding thereof, within the
Colony of Hongkong, and its dependencies, shall be, and the same is hereby prohibited .
Nopersontokeep 2. And be it further enacted , and ordained, that from, and after the passing of
or use a still
ander a penalty this Ordinance, it shall not be lawful for any person, except as hereinafter is excepted,
of two thousand
ve hundred
dollars. to have, keep , or make use of any still, or other utensil or vessel for distilling spirits ,
in any place, or part of the said Colony of Hongkong, and its dependencies, under a
penalty of a sum not exceeding two thousand five hundred dollars, to be recovered as
hereinafter directed .
Apothecaries 3. And be it further enacted and ordained , that it shall and may be lawful for the
chemists and
druggists may * Chief Magistrate of Police for the time being, or other person to be appointed by the
have stills of
eight gallons
contents. Governor, for the time being, for that purpose, to issue a licence free of all charge, to
[ See Ordinance any apothecary, chemist, or druggist, applying for the same to keep and use on his
No. 6 of 1862. ]
premises, a still of not more than eight gallons contents, for the purposes of his trade
only, provided that every person, wishing to keep such still, shall notify his intention
so to do to the said Chief Magistrate, or other person appointed as aforesaid, who shall
thereupon require such person to give a bond, with two sufficient sureties, in the sum
of one thousand dollars , that he will not make use of such still , or suffer it to be made
use of, except for the preparation of medicines, or other articles required bona fide for
medical purposes, and every such person found to have such still, without having
entered into such bond, and obtained such licence, shall forfeit, and pay a sum not
exceeding two thousand five hundred dollars.
Justice of the 4. And be it further enacted and ordained, that it shall and may be lawful for any
Peace, Officer of
Customs or other
person duly Justice of the Peace, Officer of Customs, or other person duly and lawfully authorized ,
appointed sns
pecting private having reasonable grounds to believe, and suspect that any private and concealed still,
distillation may
enter house or or other utensil, or vessel for the distillation of spirits, is set up, or kept , in any house,
place and seize
still. or place within the said Colony, or its dependencies, to enter into such house, or place
in the day time, and accompanied by a peace officer, to search for, and seize any such
still, utensil, or vessel, and also all spirits, and other materials preparing for distillation,
and either to detain, and keep the same in the house, or place where found or to
remove the same to the Customs , or Police Office, or other place in charge of the Officer
of Customs, or Chief Police Magistrate, or as they, or one of them, or any Justice of
::.
ORDINANCE No. 8 OF 1844 . 19
Distillation of Spirits.
the Peace shall direct, and the said still, or vessel, and all spirits, and other materials Such still abso
lutely forfeited
being prepared for distillation , shall be absolutely forfeited, and the proprietor, or proprietor or
owner of house
or person in
owner, or occupier of any house, or place, where any such private and concealed still, whose custody
still &c. is found
utensil, or vessel, shall be so found , and seized , or the person or persons in whose liable to penalty
of five hundred
custody, the same shall be found, shall be liable to, and pay the penalty, or sum of, not dollars.
exceeding five hundred dollars, exclusive of, and in addition to any other penalty, he
may be liable to , and if any person shall obstruct oppose molest or hiuder such Justice Obstructing
Justice or other
of the Peace, Officer of Customs, or other person aforesaid, in the due searching for, and officer.
seizing any such private, and concealed still, or other utensil, or other vessel , spirits, and
other materials for distillation, or in detaining, keeping, or removing the same, or any
of them after seizure, then, and in every such case, every person so offending, shall
forfeit a sum, not exceeding five hundred dollars. Penalty.
5. And be it further enacted and ordained, that in case any such Justice of the Justice or officer
empowered to
Peace, Officer of Customs, or other person as aforesaid, after having demanded admittance enter such house
or place.
into the house, or place where such private and concealed still, utensil, or vessel for the
distillation of spirits, is reasonably suspected to be kept and used, shall not be imme
diately, and without the least delay admitted into such house, or place, it shall, and And after
demand and not
may be lawful for such Justice of the Peace, Officer of Customs, or other person as afore admitted to
break therein.
said, being accompanied by a peace officer, by force to break into, and enter such house,
or place, and make search therein, and every person found in such house, or place, after
admittance demanded and refused , shall for every such offence forfeit, and pay a penalty, Penalty for
refusal.
not exceeding five hundred dollars.
6. And be it further enacted and ordained , that all fines , penalties, and forfeitures Recovery of
penalties.
imposed, and accruing under this Ordinance, shall be sued for, and recovered in such
Supreme Court of Judicature as shall hereafter be erected in Hongkong, or by summary
proceedings to be had before the Chief Magistrate of Police, or before any two Justices
of the said Colony of Hongkong.
7. And be it further enacted , and ordained that all fines , penalties, and forfeitures , Fines &e, to be
paid one halfto
which shall be levied, and enforced under this Ordinance, shall, after deducting the the Queen and
one half to the
witnesses &c.
charges of prosecution, from the proceeds thereof, be divided , paid, and applied as
follows ; that is to say, the moiety, or one half of the net proceeds thereof, shall be
paid to the said Chief Magistrate, for the use of Her Majesty Her Heirs , and Successors ,
to be applied to the public uses of the said Colony, and the other moiety, or half part
thereof shall be paid , and distributed to , and among such person or persons, who shall
have assisted in the seizure of, or have given information , or evidence leading to the con
viction of the offender or offenders , in such portions, as the said Court, Chief Magistrate,
or Justices adjudicating upon the matter, shall in their discretion think proper, and any
overplus of such last mentioned moiety, or half part shall be paid to the said Chief
Magistrate for the purposes aforesaid. [ Repealed by Ordinance No. 9 of 1864 and
new words substituted.]
[ Repealed by Ordinance No. 21 of 1886. ]
20 ORDINANCE No. 9 OF 1841.
Restraint of Trade in China.
No. 9 of 1844.
Title .
An Ordinance to restrain all persons within the Colony of Hongkong
from trading in the Empire of China to the northward of the 32d
degree of north latitude.
[ 16th April, 1844. ]
Preamble. HEREAS to secure the due observance of the treaties between the Empires of
Great Britain and China, it is expedient to confine the trade of all persons
within the Colony of Hongkong to the limits included by the five ports in China,
provided by the said treaties for the same.
Trade to the 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with
northward ofthe
24 degree of the advice of the Legislative Council thereof, that all trade whatsoever by any person
north latitude
to be unlawful.
within the Colony of Hongkong, in, to, or from any part of the coast of China, to the
northward of the 32d degree of north latitude, shall be, and is hereby declared to be
unlawful.
Conveying 2. And be it enacted , if any person within the Colony of Hongkong shall export
goods from
forbidden limits. or carry, or contract for exporting or carrying, or shall ship or embark, or contract for
[See Ordinance
No. 1 of 1846 ,]
shipping and embarking, from, to, or in the limits aforesaid, any treasure, goods , or
Fitting out merchandize whatsoever, or shall fit out, man, navigate, equip, despatch, use, employ,
vessels for
unlawful trade. let, take to freight, or on hire any vessel, or so contract, in order to embark in the
trade hereby declared unlawful, or shall knowingly, and wilfully lend and advance, or
Lending money become security for, or contract for the lending or becoming security for the loan of
to be employed ,
in unlawful money, or effects employed, or to be employed in such trade as aforesaid , or shall
trade. Guaran
tecing agents.
knowingly and wilfully, become guarantee or security for, or contract for guaranteeing
any agent employed, or to be employed, in conducting such trade as aforesaid , or in
Engaging in any other manner engage, or contract to engage, directly or indirectly, therein as a
any manner in
unlawful trade.
Shipping goods partner, agent, or otherwise, or shall knowingly and wilfully ship, tranship, lade,
&e. Navigating
ship. receive, or put on board, or contract for shipping, goods, money, or effects, to be
employed in such trade as aforesaid, or shall take the charge of, or command, or
navigate, or enter, or embark, on board of any vessel or contract to do so as captain,
master, mate, surgeon, or supercargo, knowing that the vessel is employed , or intended
Insuring ship. to be employed in such unlawful trade as aforesaid, or shall knowingly and wilfully
insure, or contract for the insuring of any property, or effects whatsoever, employed or
intended to be employed in such trade as aforesaid, then and in every such case , the
Penalties for persons so offending, shall forfeit to Her Majesty, Her Heirs and Successors, a sum
above offences.
not exceeding ten thousand dollars, and in default of payment of such penalty,
shall be liable to be imprisoned for any term not exceeding two years.
Penalty on 3. And be it enacted , if any person shall enter and embark on board of any ship
seamen serving
on board ships
engaged in or vessel as petty officer, seaman, marine or servant or in any other capacity knowing
unlawfultrade
that the vessel is actually employed , or intended to be employed, in the trade hereby
declared to be unlawful, such person so offending, shall forfeit to Her Majesty,
···
ORDINANCE No. 9 OF 1844. 21
Restraint of Trade in China.
Her Heirs and Successors a sum not exceeding five hundred dollars, and in default
of payment, shall be liable to be imprisoned, with or without hard labour, for any
period not exceeding three months .
4. And be it enacted that if any person offending as a petty officer, seaman, Seamen giving
information to
marine, or servant, against any one of the provisions of this Ordinance, shall within be indemnitied
and rewarded.
one year after the offence, give information on oath before a competent Magistrate
against any person whatsoever, who shall have committed any offence against this
Ordinance, and shall give evidence on oath against him, before any Magistrate, or
Court, before whom such offender shall be tried , or if such petty officer, seaman,
marine, or servant, so offending, shall give information, so that such offender shall be
convicted, then and in such case, such informer shall receive such part of any forfeited
sum of money as is hereinafter provided , and shall not be liable to any of the pains or
forfeitures provided by this Ordinance.
5. And be it enacted that the Superintendent of the Trade of Her Majesty's Superintendent
of Trade to
subjects in China, and no other person whatsoever, unless duly authorized by him, controlall
proceedings.
shall commence, institute, and conduct all proceedings, for any offence against this
Ordinance, which may be taken in Her Majesty's Courts in Hongkong.
6. And be it enacted that it shall be lawful for the Superintendent of the Trade Superintendent
of Trade to
of Her Majesty's subjects in China, so long as such Superintendent shall also be remit penalties
and to reward
informers and
Governor of the Colony of Hongkong, but not otherwise, to remit wholly, or in part, others.
any penalty or forfeiture provided by this Ordinance, and to award a part nct exceeding
¦ one moiety of any sum forfeited, by any offender convicted under the provisions of this
Ordinance, to any person who shall have given such information or assistance, as shall
have led to the conviction of such offender.
7. And be it enacted, that it shall be lawful for the commanders of any of Her Ships to be
seized.
Majesty's ships , or any other officers duly authorized in that behalf to seize and detain
any ship or vessel sailing under the British flag, the master whereof, shall appear on
sufficient grounds to such commander, or other officer, to have offended against the
provisions of this Ordinance. Provided always that the said commanders of Her
Majesty's ships and others shall be specially instructed and authorized by the
Superintendent of Trade aforesaid, so to do, and that nothing herein contained shall be
construed to give such power as aforesaid , without the said special instructions and
authorization of the said Superintendent of Trade. [Amended by Ordinance No. 1 of 1846. ]
8. And be it further enacted , that all ships or vessels sailing under the British Ships liable to be
sold in satisfac
flag, which shall have been employed in any way so as to offend against the provisions tion ofpenalties
notwithstanding
any transfer of
of this Ordinance shall, together with their cargoes, be liable to be seized and sold , to property therein.
satisfy any penalty incurred by such employment, and that all bills of sale, mortgages,
and other transfers of property therein made, within three months after such vessel
shall have been so unlawfully employed, or within three months from the time of any
suit having been commenced against the owner or master thereof, for any offence
22 ORDINANCES Nos . 9 AND 10 OF 1844.
Restraint of Trade in China. Justices ofthe Peace - Summary Jurisdiction.
against this Ordinance, or made at any time whatsoever to the knowledge of the
purchaser with the view to evade the recovery of the penalties herein provided , shall as
against the said liability to be sold for the purposes aforesaid , be void and of none effect .
[Amended by Ordinance No. 1 of 1846. ]
[ Suspended until amendment see C. O. D. , No. 58, 20th November, 1844. Repealed
by effect of H.M.'s Order in Council, 3rd March 1859, Government Notification, Gazette
of 9th July, 1859. ]
No. 10 of 1844.
Title. [See An Ordinance to regulate summary proceedings before Justices
Ordes, No. 6
of1847 ; No.5 of the Peace, and to protect Justices in the execution of their
of 1850 ; No.
16 of 1875] . office.
[ 10th April, 1844. ]
Preamble. HEREAS it is expedient and necessary to make provision for
Proceedings W
before regulating and for securing uniformity in summary proceedings
Justices.
before Justices of the Peace, and to afford due protection to Justices in
the execution of their office. Be it thereof enacted by His Excellency the
Governor of Hongkong , with the advice of the Legislative Council thereof,
that from and after the passing and publication of this Ordinance, the
provisions hereof shall extend to all cases wherein by any English law, or
statute, or by any ordinance enacted in this Colony, any proceeding shall
have been, or shall be or is by this Ordinance directed to be had , or
matter authorized to be heard and determined , by or before any Magistrate
of Police, or before any Justice or Justices of the Peace for the Colony of
One Justice Hongkong, or in a summary way, and it shall be lawful for any one Justice
to adjudicate.
to receive the information or complaint, and to issue the summons or
warrant requiring the parties and witnesses to appear before himself,
or before any two or more Justices as the case may require , and
upon the appearance of the defendant, or his contempt by not appear
ing after having been duly summoned in manner hereinafter mentioned ,
*See Ord. and after sufficient time for his appearance and proof thereof on oath *
No. 2 of 1860. ] Justice or Justices as the case may be,
to the satisfaction of the
such Justice or any two or more Justices , as the case may require ,
shall and may proceed to examine into, and hear and determine the
matter in a summary way, and examine upon oath, all necessary wit
nesses produced , and give his or their judgment thereon , and in case
'
..
ORDINANCE No. 10 OF 1844. 23
Justices ofthe Peace - Summary Jurisdiction.
such Justice or Justices shall convict the defendant, and award against
him or her, any fine or pecuniary penalty, and he shall neglect to
pay the same fine or penalty together with the costs and charges of and
attending such conviction, to be assessed and ascertained by the said
Justice or Justices , into the hands of the said convicting Justice or one
of the said convicting Justices, in case there shall have been more than
one, within one week next after such conviction , ( without any previous
demand of such penalty ) or within such greater or lesser time, or at such
intervals as the said Justice or Justices shall at his or their discretion
determine, then it shall be lawful for such Justice or Justices or either of
them, or for any other Justice of the Peace ( at his or their discretion ) to
cause such fine or penalty and costs and charges to be levied by distress , How penalties
to be levied .
and sale ofthe goods, and chattels of the offender, the overplus , if any
after deducting the charges of such distress and sale, to be rendered to
the said offender. Provided, that if upon the return of the officer charged
with the execution of the said distress , it shall appear that no sufficient
distress can be found , or the party adjudged to pay any money shall at
the time of the said adjudication or conviction , declare or it shall other
wise appear that he has no goods or chattels on which the said distress
can be levied , then the convicting Justice or Justices , or either of them ,
or any other Justice of the Peace, may by warrant commit such offender
to one of Her Majesty's gaols, with or without hard labour, there to remain Offender to be
committed.
for a time in proportion to the amount of the penalty inflicted, and not
exceeding six months in the whole, unless the said sum to be levied
together with the costs shall be sooner paid.
2. And be it further enacted , that in all cases in which no other Service of
summons on
raode of proceeding shall have been or or shall be in that behalf provided , witnesses and
others.
the directing of any summons to any person whatsoever, whether a
defendant, a witness, or otherwise in the name or names by which he is
or has been usually known , whether the same be the real or the feigned
or assumed name of such person , and the leaving a copy of such summons
at his last usual place of abode, or the affixing a copy thereof, on one of
the doors, or some other conspicuous part on the outside of such abode,
( such service being proved on the oath of the persons so serving such
summons, and it being also in like manner proved to the satisfaction of the
sitting Justice or Justices at the hearing of the case, that the person so
serving such summons hath endeavoured to serve the same on the party
24 ORDINANCE No. 10 OF 1844.
Justices of the Peace- Summary Jurisdiction.
without effect, ) shall be deemed to be a legal and effectual service on
such party , as fully to all intents and purposes, as if the same summons
had been personally served on such party, and as if the same had been
directed in his proper and real name, and that every summons may direct
the party to appear, either before the Justice or Justices issuing the same,
or before any one or more Justice or Justices generally, as the case may
require, ( without naming any Justice ) . Provided that such summons
shall direct the party so to appear, at a time and place certain, to be
named in such summons .
Evidence to 3. And be it enacted that the Justice or Justices, before whom any
be takendown
and subscrib person may be convicted in manner aforesaid , shall take the evidence
.
ed by witness
and Justice. upon oath ofthe witnesses, both for, and against the defendant, and also
[*See Ord.
No.2 of1860.] the statement of the defendant himself, and shall put the same, or the mate
rial parts thereof into writing, and shall cause the said witnesses, and the
said defendant, to subscribe such depositions or statement, and he or they
shall also subscribe the same and return the same in the manner herein
after directed.
Justice to 4. And be it enacted , that it shall and may be lawful for any Justice
issue warrant
for apprehen of the Peace, when any information shall be exhibited before him, and in
sion of
defendant in the opinion of such Justice it shall be fit and proper so to do , to grant a
certain cases.
warrant under his hand, directed to some constable, peace officer, or
other proper person , directing such constable, peace officer, or other
proper person to take any offender, against whom such information shall
be laid , and to bring him before such Justice or Justices of the Peace, as
the case may require , at a time and place to be named in such warrant .
Offenders 5. And be it enacted , that it shall be lawful for any person what
to be appre
hended and soever, to require any person , who shall commit in his presence any offence,
conveyed
before a Jus which is or shall be punishable in a summary way, to accompany him
tice of the
Peace. forthwith to the nearest Justice of the Peace, or to tell his full name and
place of abode ; and in case such person shall , after being so required,
offend by refusing to go before such Justice of the Peace, or to tell his
real name, and place of abode , or by giving such a description of his place
of abode, as shall be illusory for the purpose of discovery, it shall
be lawful for the party so requiring as aforesaid, and also for any
person acting in his aid, to apprehend such offender, and to convey
him , or cause him to be conveyed, as soon as conveniently may be
to the nearest Justice of the Peace, who shall have full power to
..
ORDINANCE No. 10 OF 1844. 25
Justices ofthe Peace - Summary Jurisdiction.
require security , for the due appearance of such person , and to
commit him for want thereof, or shall make such order therein as
the case may require. And any person offending against the pro
visions of this section ( whether so apprehended or not , ) shall, on
conviction thereof, in a summary way, before any Justice of the Peace ,
forfeit and pay such sum of money, not exceeding fifty dollars , as to
the convicting Justice shall seem meet in addition to any other penalty
he may have incurred . Provided always, that no person so apprehended ,
shall on any pretence whatsoever, be detained for a longer period than
twelve hours , and if he cannot on account of the absence , or distance of
the residence of any such Justice of the Peace, be brought before a Justice
of the Peace , within the time aforesaid , then the person so apprehended
shall be discharged , but may nevertheless be proceeded against for his
offence, by summons or warrant, as if no such apprehension had taken
place.
6. And be it enacted , that every Justice of the Peace, before whom Justice to
return con
any person shall be convicted in a summary manner, shall transmit such victions to
general
conviction, with the depositions and examinations hereinbefore directed to quarter
sessions.
be taken , to the next Court of general sessions of Magistrates which shall
be holden in the said Colony of Hongkong, there to be kept by the
proper officer, among the records of the said Court.
7. And whereas doubts may arise as to the application of divers acts Certiorari to
be allowed in
and statutes of the Imperial Parliament of Great Britain, whereby the all cases on
certain con
removal of convictions , orders , and other proceedings , had or made by or ditions.
[See Ord. No.
before Justices of the Peace, is denied and taken away . Be it enacted , 4 of1865 8.66;
Ord. No. 7of
that such acts and statutes aforesaid, as far as they relate to the non 1865 s. 98;
Ord. No. 8 of
removal of such convictions, orders, and other proceedings , shall be 1865 &. 62;
Ord. No. 10
deemed and taken not to extend to this Colony, or its dependencies , nor of 1865 x. 31. ]
to be in force within the same. Provided always , and be it enacted , that
no writ of certiorari shall be granted , or allowed , to remove any conviction ,
judgment, or other proceeding, had or made by any Court of general
sessions of Magistrates, or before any Justice or Justices of the Peace in
a summary manner, unless the party or parties prosecuting such certiorari,
before the allowance thereof, shall enter into a recognizance, with sufficient
sureties , before the convicting Justice or Justices , as the case may be , or
before any Judge of such Supreme Court of Judicature as may hereafter
be erected at Hongkong , in the sum of two hundred dollars, in addition
26 ORDINANCE No. 10 OF 1844 .
Justices ofthe Peace - Summary Jurisdiction.
to the pecuniary penalty, ( if any shall have been inflicted , ) with condition
to prosecute such certiorari at his or their own charges with effect without
any delay, and to pay the party or parties in whose favor, or for whose
benefit, such judgment or order was made within one week after such
judgment or order shall be confirmed , their full costs and charges, as
between attorney and client ; and in case the party or parties , prosecuting
certiorari shall not forthwith enter into such recognizance, or shall not
perform the conditions aforesaid , it shall be lawful for the said Justice or
Justices, to proceed and make such further order for the benefit of the
party, or parties , for whom such judgment shall be given , in such manner
as if no certiorari had been granted , nor shall any writ of certiorari be
granted, issued forth , or allowed , unless it shall be moved and applied for
on special grounds , within one month next after such conviction , judg
ment , order, or other proceeding , shall be had or made, nor unless it shall
be duly proved that the party or parties suing forth the same, hath , or
have given four days notice thereof in writing, to the convicting Justice
or Justices, or any ofthem , containing the ground of his or their objections,
to the end that such Justice or Justices may show cause, if he, or they
shall so think fit , against the issuing, or granting of such certiorari ; and
upon the return of such certiorari, no objections shall be taken by the
party suing forth the same, other than such as shall be stated in the said
notice.
Witnesses not
8. And be it further enacted , that if any person shall be summoned
appearing.
to appear as a witness , to give evidence before any such Justice or Justices,
touching any of the matters aforesaid , and shall neglect to appear at the
time and place for that purpose appointed , without a reasonable excuse for
such neglect, every such person shall for every such offence forfeit and
pay a penalty of not more than one hundred dollars , which said penalty
shall and may be recovered , by proceeding before any one Justice of the
Peace, who is hereby authorized to hear and determine such offence in a
summary way, and shall be levied and distributed in the manner by this
Ordinance provided for other penalties.
Power to 9. And be it further enacted , that in all cases wherein any person
appeal and
manner shall be convicted in any penalty exceeding fifty dollars, or shall be
thereof.
See Ord. No. sentenced to undergo any imprisonment exceeding one month by any
4 of 1858.]
summary judgment or conviction of any Justice or Justices, under or by
virtue of any statute or ordinance, (and no other mode of proceeding
•
..
ORDINANCE No. 10 oF 1844 . 27
Justices ofthe Peace - Summary Jurisdiction.
shall have been, or shall be in that behalf provided , that it shall be lawful
for such person to appeal against such judgment, or conviction , in the
manner hereinafter provided , that is to say, if such person (in case a
pecuniary penalty shall have been awarded) shall pay into the hands of
the convicting Justice, or one of the convicting Justices, double the full
amount of such penalty, together with the assessed costs and charges ,
within one week next after such conviction , or within such time greater
or less , as the convicting Justice or Justices shall determine, or ( in case
no pecuniary penalty shall have been awarded ) shall forthwith enter into a
bond to Her Majesty , Her Heirs and Successors , in such reasonable
amount as the convicting Justice or Justices may require with two
sufficient sureties , to be approved by such convicting Justice or Justices ,
conditioned to prosecute such appeal with effect, and to abide the event
of the same appeal, and to pay the full amount of all such penalties and
costs as shall or may on such appeal be awarded against the appealing
party, then it shall be lawful for such person to appeal from such judgment ,
or conviction , to such general sessions of Magistrates, as may hereafter
be directed to be held from time to time in Hongkong, unless such
sessions shall be held within six days next ensuing, and in that case to
the general sessions next but one afterwards. And the Justices at such Justices to
decide the
sessions so assembled , shall hear, and thereupon finally determine, the matter de
noro.
matter of every such appeal in a summary way, and their judgment thereon ,
shall be final and conclusive to all intents and purposes ; ( unless any
writ of certiorari or error shall afterwards be allowed ) and such Justices.
at such sessions so assembled , are upon such appeal hereby authorized to
decide upon the matter de novo, and to award in a summary manner such
greater, or lesser imprisonment, or penalty, than that appealed against,
and such costs to be paid by either party or to make such other orders
therein , as shall appear just and expedient, and the circumstances may
require.
10. And be it enacted that the person or persons to whom such writ Depositions to
be returned
of certiorari shall, or may be directed , shall, and he and they are hereby with certi
orari.
directed to return to the Supreme Court of Judicature aforesaid , with the
conviction by such writ ordered to be returned the depositions , and
examinations hereby ordered to be taken by such convicting Justice or
Justices, and upon the hearing of such case it shall , and may be lawful
for the said Court to inspect, and examine such depositions, and
28 ORDINANCE No. 10 OF 1844 .
Justices of the Peace- Summary Jurisdiction.
examinations , and to make such order thereon , as the substantial merits
of the case may require.
Party 11. And be enacted if the Justice or Justices, upon the hearing of
acquitted or
convicted and any complaint in a summary manner, shall deem the offence not to have
having suffer
ed the punish been proved , or to be of so trifling a nature as not to merit any punishinent
mentawarded
To be released and shall accordingly dismiss such complaint, he, or they shall forthwith
from all
further pro make out a certificate under his or their hands , stating the fact of such
ceedings for
the same dismissal, and shall deliver the certificate to the party against whom such
cause.
complaint was preferred , and the party who shall have obtained such
.
certificate, or having been convicted of any offence shall have paid the
whole amount adjudged to have been paid under such conviction , or shall
have suffered such other punishment as may have been awarded therein ,
shall be released from all further proceedings civil or criminal for the same
cause .
Form of 12. And be it enacted, that in all cases, except where a particular
conviction
defects of form of judgment or conviction shall have been, or shall be, by any such
form not to
vitiate any ordinance, directed to be used in that behalf, a judgment or conviction in
proceeding.
the form, or to the effect of the form, (as the case shall happen to be )
prescribed by the schedule to this Ordinance annexed , shall be good valid
and effectual to all intents and purposes whatsoever, without setting forth
or stating in such conviction , the name of any informer , or witness , or
the particular place where the offence was committed or whether the
defendant appeared , or was , or was not summoned to appear, and without
setting forth , or stating the evidence of facts in any further or more
particular manner, than shall be necessary to show that the offence was
one against the true intent, and meaning of the law, and no conviction
warrant of committal or distress, or other proceeding whatsoever, ( whether
under this, or any other ordinance, and whether a particular form shall
have been or shall be in that behalf directed or not ) shall be quashed in
any case, for any mere error, or mistake in any name, or date, or title, or in
any matter of description only, and where any distress shall be made for
levying any money, the distress itself shall not be deemed unlawful , nor
the party making the same be deemed a trespasser , on account of any defect
or want of form in the summons , conviction , warrant of distress , or other
proceedings relating thereto, nor shall the party distraining , be deemed a
trespasser ab initio, on account of any irregularity afterwards committed
by him , but the person aggrieved by such irregularity, may recover
ORDINANCE No. 10 OF 1844. 29
Justices ofthe Peace -Summary Jurisdiction.
satisfaction for the special damage, if any, by an action on the case, and
in all cases whatsoever, reg: rd shall be had alone to the substantial
merits and justice of the case.
13. And for the protection of Justices, and others acting under Protection of
Justices.
their authority, be it enacted, that all actions and prosecutions to be com
menced against any Justice, or person acting under his authority, shall be
commenced within six months after the fact committed , and not other
wise ; and notice in writing of such action , and of the cause thereof, shall
be given to the defendant, one month at least before the commencement
of the action , and in any such action , the defendant, may plead the general
issue, and give any statute, or ordinance, and the special matter in evidence.
at any trial to be had thereupon, and no plaintiff shall recover in any such
action , if tender of sufficient amends shall have been made before such
action brought, or if a suflicient sum of money shall have been paid into
Court, after such action brought by, or on behalf of the defendant, and if
a verdict shall pass for the defendant , or the plaintiff shall become nonsuit,
or discontinue any such action after issue joined , or if upon demurrer, or
otherwise judgment shall be given against the plaintiff, the defendant shall
recover his full costs as between attorney and client, and have the like
remedy for the same as any defendant hath by law in other cases ; and
though a verdict shall be given for the plaintiff, in any such action , such
plaintiff shall not have costs against the defendant, unless the Judge , before
whom the trial shall be, shall certify his approbation of the action and of
the verdict obtained thereon.
14. And be it enacted, that no action or suit shall be brought or Action
against Jus
instituted against any Justice of the Peace, for or on account of any con tices.
viction of any person or persons whatever, by reason of any thing done,
or commanded to be done, by such Justice, in or about the levying of any
penalty, apprehending any party or for or about the carrying of such
conviction into full effect, except and unless the Justice by or before whom
such conviction shall have been made, shall have convicted such person
of some offence, not punishable on summary conviction , by virtue of any
statute, law, or ordinance, or unless such Justice shall have convicted
such person in some penalty, either pecuniary or otherwise, not authorized
to be imposed on the offence or offences of which such offender shall or
may have been guilty , or unless it shall be expressly alleged in the bill
of complaint , plaint , or declaration in such action and proved on the trial
30 ORDINANCE No. 10 OF 1844 .
Justices ofthe Peace- Summary Jurisdiction.
of such cause, that such acts were done maliciously and without probable
cause. Ꮧ
Action 15. And be it enacted that no action or suit shall be brought against
against pro
secutor. any person or persons, by whom , or on whose account , any information
shall have been laid or exhibited before any Justice of the Peace, and by
such Justice or Justices, received for or on account of such information ,
or for, or on account of any matter or thing done under, or in pursuance
of such information , unless it shall be expressly alleged in the bill of
complaint, plaint, or declaration of such action , and proved on the trial of
such cause, that such information was laid and exhibited maliciously, and
without probable cause.
Government 16. And be it enacted , if any question shall arise, as to the right of any
Notification
sufficient person to exercise the office of a Justice of the Peace, that a Government
proof of right
to exercise Notification in any public newspaper, to the effect that such person has
office of Jus
tice of the taken the oaths , as a Justice of the Peace, shall ( in the absence of express
Peace.
proof that such Notification was unauthorized ) be deemed, and held suf
ficient proof of such right, in all proceedings whatsoever, and it shall not
be necessary to produce any commission , appointment, or any oath,
affidavit or other document, in proof of such right as aforesaid .
Governor to 17. And be it enacted , that it shall be lawful for His Excellency the
authorize fees
to be taken Governor in Council , to authorize the taking of such fees , in any proceed
by Justice.
ings before any Justice, as may be deemed expedient ; and it shall be
lawful for any Justice to refuse to do any act, for which any fee shall be
demandable, unless such fee shall be first paid, and that if any such act
shall be done, and the fee due thereon shall not be paid, it shall be lawful
for any Justice of the Peace , to summon the person from whom such fee
shall be due, and to proceed to recover the same, in like manner as any
penalty recoverable by summary proceedings .
Table of fees 18. And be it enacted, that in some conspicuous part of each of the
to be hung up
in public public offices of the Justices within the said Colony, there shall be affixed
office.
a table of the fees, which may legally be taken at such offices respectively.
Justice to ac 19. And be it enacted , that the Justices at each of the public offices
count for and
pay over fees within the said Colony, and their clerks respectively, shall , in books to be
and penalties.
provided for that purpose, keep a full, true, and particular account of all
fees taken, and received , at each of the said offices, together with all
penalties, and forfeitures which shall have been recovered , levied , or
ORDINANCE No. 10 OF 1844. 31
Justices ofthe Peace - Summary Jurisdiction.
received in pursuance of any adjudication , conviction , or order, had or made
at any of the said offices, or any process, or warrant, and shall be strictly
accountable for such fees, penalties, and forfeitures , to Her Majesty , Her
Heirs and Successors , and shall pay over the same to the Colonial Treas
urer, from time to time, as they may be required .
20. And be it further enacted , that in all cases where , by any ordi Distribution
of penalties.
nance, a pecuniary penalty is or shall be imposed , the amount of every
such penalty, within the limits prescribed , shall be in the discretion of the
convicting Justice, and that every penalty awarded by such Justice, and
declared to be payable to Her Majesty, Her Heirs and Successors, shall
(except it shall be otherwise specially provided by any ordinance) be
paid one moiety thereof, and such other part thereof as shall not be ad
judicated to be paid in the manner hereinafter next mentioned , to the use
of Her Majesty , Her Heirs and Successors , for the public uses of the
Colony of Hongkong , and the support of the Government thereof; and
the other moiety , or such part thereof as shall be adjudged by the Justice
convicting, to the use of the informer, or party prosecuting, or complain
ing, or who shall have suffered any damage from the act of theoffender,
and such parties shall, if the convicting Justice shall so order, but not
otherwise, also be entitled to their costs and charges, over, and above such
penalty, to be ascertained and assessed as aforesaid.
21. And be it enacted , that no person shall, by reason of the applica Witnesses not
to be rendered
tion of any penalty to his use, or of his being otherwise interested in the incompetent
by interest.
event of the cause, directly or indirectly, be deemed to be incompetent as
a witness , before any Court of Justice , or Justice of the Peace, in any
proceeding whatsoever, whether civil or criminal.
22. And be it enacted , that in all cases where any complaint shall be Justice to
take recogni
made against any person , the Justice, by or before whom such complaint zance forgood
behaviour,
shall be heard, may , if he shall so think proper, require the party complained
against, and whether such party shall be convicted or not, on such com
plaint, to enter into a recognizance, with two sufficient sureties for his
good behaviour, for such term, and in such sum, as such Justice shall
think proper, so as such term do not exceed twelve months, nor such sum
two hundred dollars .
23. And be it enacted, that from and after the taking effect of this Limitation of
prosecutions.
Ordinance, no person shall be liable to be convicted by any Justice, in a
summary manner as aforesaid , unless upon information laid, and had
before a Justice of the Peace, authorized to receive the same, within the
32 ORDINANCE No. 10 OF 1844 .
Justices of the Peace- Summary Jurisdiction.
space of six calendar months, next after the commission of such offence
or offences . Provided always , that nothing herein contained shall extend
to prevent any person from being indicted for any offence, as if this Or
dinance had not been passed.
Interpreta 24. And be it enacted , that the word month , in this and all other or
tion of the
word month. dinances, shall be deemed to mean, a calendar , and not a lunar month .
Chinese offenders 25. And be it enacted , that in lieu of the whole, or any part of any penalty,
to be punished
according to
Chinese usage. provided by any law, statute , or ordinance whatsoever, it shall be lawful for the Court ,
or Justice, before whom the matter shall be adjudicated upon , to sentence any offender,
being a native of China, or a native of Hongkong of Chinese origin , to undergo such
punishment, in conformity with the usages of China, as has hitherto been usually
inflicted on natives of China, committing offences in this Colony. [ Repealed by Ordi
nance No. 16 of 1875. ]
SCHEDULE.
BEING THE FORM OF JUDGMENT OR CONVICTION BY THIS
ORDINANCE REFERRED TO.
HONGKONG
Be it remembered , that on this day of
184 · (name) of (place) was duly convicted before me A. B. (or us A. B. & C. D.) one
(or two, or more, as the case may be) of Her Majesty's Justices of the Peace, upon an
information in that behalf exhibited before (name of the Justice or Justices) on the
day of
now last past , for that on the day of 184 "
(state the fact or offence in respect of which the judgment or conviction is had) and I (or we)
do (ifthe conviction is madefor an offence against any particular statute or ordinance, state it)
award, order, and adjudge, that (set forth the adjudication, and if awarding a penalty, as
follows) the said (offender) do for such offence (where necessary add being his second, or
third, or subsequent offence, as the case may be) forfeit and pay the sum of
to be distributed as in manner following ; that is to say , (describe the mode of distri
bution,) (or if a Chinese offender describe the substituted punishment) besides the costs and
charges of, and attending this conviction ( if given) which said costs and charges, I ( or
re) the said Justice ( or Justices,) do hereby ascertain and assess , at the sum of
Given under my hand and seal
(or our hands and seals) the
day and year first above
written.
ORDINANCE No. 11 OF 1844. 33
Licensing Public Houses, &c.
No. 11 of 1844 .
An Ordinance for licensing Public Houses, [ " and certain games" as amended Title.
[See Ordes, No.
4 of 18: 3 and
by Ordinance No. 7 of 1858 ] and for regulating the retail of fermented , No. 10 of 1868.]
and spirituous liquors in the Colony of Hongkong.
[ 1st May, 1844. ]
HEREAS it is expedient to provide for the licensing of public houses , and Preamble,
W promoting good order therein , and for regulating the retail of fermented , and
spirituous liquors, and preventing the illicit sale thereof in the Colony of Hongkong.
Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice
of the Legislative Council thereof, that from and after the first day of July, now next
ensuing, all licenses to sell spirituous liquors hitherto granted in the Colony of
Hongkong, shall be null and void, and that if any person shall, from and after the
said first day of July, sell or dispose of by retail in any quantity, less than two gallons,
any ale, beer, or other malt liquor, or any wine, cider, ginger beer, spruce beer, brandy,
rum, or other fermented or spirituous liquor, in any house, or place, within the Colony of
Hongkong, or its dependencies, or shall permit, or suffer, any such liquors, as aforesaid
to be sold, or disposed of by retail, as aforesaid by any other person , in his, or her
house, or other place, within the said Colony, or its dependencies, without having first
obtained a license, in the manner and form hereinafter directed , every such person shall
forfeit, for every such first offence, a sum not exceeding two hundred dollars, and for
every subsequent offence a sum not exceeding four hundred dollars, together with the
costs of prosecution , in every case to be recovered in a summary manner, as hereinafter
provided, and every such person shall further upon conviction of any such offence, be
rendered incapable of holding any license to keep a public house, for the period of
three years, from the time of such conviction. Provided always , that nothing in this Not to extend to
apothecaries.
Ordinance shall be deemed , or taken to extend, or apply to any person, practising as
an apothecary, or druggist, who may administer, or sell any of the liquors before
mentioned as medicines , or for medicinal purposes . [ Amended by Ordinance No. 4 of
1853.]
2. And be it further enacted , that every license, granted for selling and retailing Licenses to le
valid forone year.
liquors as aforesaid , under the provisions of this Ordinance, shall be valid for one year,
from the granting of the certificate hereinafter mentioned, and no longer. [ Amended
by Ordinance No. 10 of 1868. ]
3. And for the better preventing the granting licenses to unfit or improper persons, Forms to be
observed by
be it further enacted, that every person, desirous of obtaining a license for keeping a persons applying
for licenses.
public house, under the provisions of this Ordinance, or of obtaining the renewal of a
license before granted, shall ten days before the day, on which his application is to be
taken in consideration , deliver to the Chief Magistrate of Police, a notice in writing,
of his, or her intention to apply for such license, and that in every such notice, there
shall be contained a full description of the house proposed to be licensed, with a
statement of the applicant's trade or calling, and situation in life, and whether married,
34 ORDINANCE No. 11 of 1844 .
Licensing Public Houses, &c.
or unmarried, together with the names, residence, and additions of his or her proposed
sureties, and that every person, giving such notice, shall in like manner deliver, or
cause to be delivered, with such notice, a certificate, signed, by three or more known,
and respectable housekeepers residing within the said Colony as aforesaid, in the form
prescribed in the schedule hereunto annexed, marked A.
Chief Magistrate 4. And be it enacted , that the Chief Magistrate of Police may appoint, from time
of Police togrant
certificates. to time, as may be necessary, a day for the granting, or transferring of licenses, which
shall be advertised in a public newspaper, at least one month previously, and the said
Chief Magistrate of Police, with the assistance of such other Justices of the Peace, as
may attend on any such day at his office in Victoria , shall take into consideration all
applications , which shall have been made for licenses, for the sale of liquors in Hong
kong, and its dependencies , and it shall be lawful, for the said Chief Magistrate of
Police, to grant to such persons, after taking the required recognizances, certificates in
the form contained in the schedule hereunto annexed , marked B. , for authorizing the
granting of such license, and it shall be lawful , for the said Chief Magistrate of Police,
to adjourn the consideration of all , or any of the applications then made to such other
day, or days, as the Chief Magistrate, shall from time to time, deem expedient. Pro
vided always, that in case of disagreement, concerning the granting, or with -holding
such licenses, the power of granting, or with-holding, the same, shall be at the time
vested in the said Chief Magistrate of Police, and that all Justices, dissenting from him ,
may enter the reasons of their dissent in the proceedings of the Court, and the said
Chief Magistrate shall submit them to the Governor of Hongkong, and take his final
decision thereon .
Applicant to 5. And be it further enacted , that every person applying for a license shall, before
enter into
recognizance
before certificate the Chief Magistrate of Police deliver to him or her a certificate as aforesaid, to
shall be granted.
authorize the issue of such license, enter into a recognizance in the form , and with the
conditions, contained in the schedule hereunto annexed, marked C., with two sureties.
in the sum of three hundred dollars each, and all such recognizances with their con
ditions, shall be regularly recorded .
Proviso for 6. And be it further enacted, that in case any person , desirous of obtaining such
persons
prevented from certificate for a license, shall be hindered by sickness or infirmity, or by any other
appearing by
illness.
reasonable cause, from attending in person on any such licensing day, such cause of
absence being proved to the satisfaction of the said Chief Magistrate of Police, it shall
be lawful for the said Chief Magistrate, to certify in favourof such person , upon three
sufficient sureties to be approved as aforesaid entering into such recognizance , each in
the sum of three hundred dollars, for performance of the conditions of the said recog
nizance.
Certificate to le 7. And be it further enacted, that every certificate which shall be granted by the
Jedged with
Colonial said Chief Magistrate, to authorize the issuing of a license as aforesaid, shall after the
Treasurer who
willgrant a
license. passing of this Ordinance, be null and void, unless the same, and the sum required to
be paid for such license, be lodged in the office of the Colonial Treasurer, or in such
ORDINANCE No. 11 OF 1844. 35
Licensing Public Houses, &c.
other office as may hereafter be appointed by the said Governor for that purpose, within
fourteen days after the date of such certificate, and the said Colonial Treasurer, or other
officer who may hereafter be appointed for that purpose, shall and he is hereby author
ized and required forthwith, after the receipt of every such certificate, to issue a license
in the form contained in the schedule hereunto annexed, marked D. , and shall register
the same in his office, upon payment being made to the said Colonial Treasurer or other
officer of the sum of fifty dollars [ $100 as amended by Ordinance No. 4 of 1845 ] for
every such license. [ Amended by Ordinances No. 7 of 1858 and No. 10 of 1868. ]
8. And be it further enacted, that it shall, and may be lawful to, and for the The Governor
may order
licenses, for
Governor of the said Colony, to allow, and authorize the said Colonial Treasurer, or houses, not
nearer than two
other officer as aforesaid, to issue a license, or licenses, to any person, duly qualified , miles to the
town of Victoria.
who shall have obtained the required certificate, from the said Chief Magistrate, herein
before directed for any house within the said Colony, which shall not be nearer than
two miles to the Government House at Victoria, upon the payment of such sum , not
exceeding fifty dollars, as taking into consideration the situation of the house, shall
seem just and reasonable. [ Amended by Ordinance No. 7 of 1858. ]
9. And be it enacted, that it shall be lawful for the said Chief Magistrate, at such ChiefMagistrate
to transfer
days hereinbefore mentioned , to transfer the license of any house, licensed as aforesaid, licenses.
to the appointee of the original holder of such license, such appointee giving the like
notice, producing the like certificates, and entering into the same recognizances as the
original party obtaining the same, is , by this Ordinance, bound to give, produce, and
enter into.
10. And be it further enacted, that the executor or administrator, or the trustees Executors or
trustees may
in case of the insolvency of any person holding a license under this Ordinance, shall hold license for a
certain time.
be entitled to carry on the business of the house so licensed as aforesaid , without
renewing the said license, during six months, (if the license shall have so long to
run, ) after the decease or legally declared insolvency of the person holding such license
as aforesaid. Provided always, that the license of such house shall be subject to the
same regulations, as if it had continued to be holden by the person to wlíom the same
was originally granted, and that a new recognizance be entered into by such executor
administrator, or trustees, according to the provisions of this Ordinance.
11. And be it further enacted, that in case any person having duly obtained a Persons desirous
of removing
license as aforesaid, shall either from necessity, by accident to the house in such license licenses to other
premises to
memorial the
stated, or from any other cause, be desirous to remove his business from the house Justices.
expressed in such license to any other house, then upon memorial from such person ,
to the said Chief Magistrate, it shall and may be lawful for the said Chief Magistrate,
after such person shall have entered into a new recognizance, to grant a certificate ,
authorizing the Colonial Treasurer for the said Colony, on payment of the sum of five
dollars, to the said Treasurer, and lodgment with him, of the original license, to grant
a new license, within forty-eight hours after application, for the residue of the term
for which the original license had been granted, and for such house as shall be authorized
36 ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
and described in such new certificate. Provided , that in such new license, the said
original license shall be briefly recited , and that the same had been as it is hereby
required, to be cancelled, on the issuing of such new licence ; and provided also, that
nothing herein contained shall be deemed, or construed, to admit or sanction the person,
to whom the said original license was granted, to retail any of the liquors aforesaid
elsewhere, than in the house or place expressed in such new license.
Chief Magistrate 12. And be it further enacted , that the said Chief Magistrate shall transmit to the
to transmit lists
ofthe certificates Colonial Treasurer for the time being, within ten days after the granting of such
granted by him
to the Colonial
Treasurer. certificates as aforesaid, a list sigued by him the said Chief Magistrate of all the persons
to whom he shall have so granted certificates, specifying the situation and sign or name
of each house, and if not in Victoria its distance therefrom, the name of the owner or
proprietor, whether before licensed or not, and also the names and residences, of the
sureties.
Publicans tohave 13. And be it further enacted, that every person, who shall be licensed to keep a
their names &c .
painted on their public house shall, and is hereby required , to have his or her name at length painted
premises.
in legible letters at least three inches long, with the words " Licensed to Retail Wines
and Spirituous Liquors," constantly and permanently remaining, and plainly to be seen
and read, on some conspicuous part of his or her house, and the said house shall also
be provided with a proper place of accommodation for the use of the customers thereof,
in order to prevent nuisances or offences to decency.
Unlicensed 14. And be it further enacted, that if any person, not actually holding a license ,
persons, keeping
up a sign, &c. to shall keep up any sign , writing, painting, or other mark, on or near to his house, which
be fined.
may imply, or give reasonable cause to believe, that such house or premises, is or are
licensed for the retail or barter of such liquors as aforesaid, or that such liquors are
sold , served , or retailed therein, or shall offend against the provisions of the last section ,
he shall for every such offence forfeit and pay a sum , not exceeding one hundred
dollars, to be recovered in a summary mauner.
Penalties, and 15. And be it further enacted, that if any licensed person shall offend against the
disabilities for
licensed persons
offending. tenor of his or her license, or shall in any respect commit a breach of any condition of
the recognizance by him, or her entered into, he or she shall forfeit and pay, or become
liable to the several penalties, or disabilities, to be recovered in a summary manner,
hereinafter mentioned : that is to say , for the first offence, a sum of not more than
one hundred dollars, with costs, and for the second offence, a sum of not more than two
hundred dollars, with costs, and for the third, or any subsequent offence , it shall be
lawful for any one Justice, upon complaint , or information of such third or subsequent
offence, to issue a summons requiring the person so complained of, or informed against
.
to appear at the next Court of general sessions of Magistrates, to be holden in the said
Colony, and there to answer to the matter of such complaint , or information , and any
other person or persons, to appear at such sessions, and give evidence against such
ORDINANCE No. 11 OF 1844. 37
Licensing Public Houses, &c.
licensed person, and the Justices of the Peace at such sessions, shall inquire in a
summary manner into the offence charged in the said complaint, or information , and if
they find that such licensed person hath committed the offence, against the tenor of his
or her license or recognizance in the said complaint or information specified , and that
such licensed person hath been twice or oftener previously convicted of offences against
the tenor of his or her license, or recognizance, it shall be lawful for the said Justices,
at such sessions to adjudge such licensed person, guilty of such third , or subsequent
offence, which adjudication shall be final, and thereupon the said Justices shall have
authority to punish the party so convicted by a fine, or penalty, of not less than fifty
dollars, nor more than five hundred dollars, or (at the discretion of the said Justices,)
by declaring his, or her recognizance, to be forfeited, and also (at their discretion, ) his,
or her license to be void, and such recognizance shall be forfeited, and such license
from thenceforth to be void accordingly, and the said person, whose license shall be
declared void, shall from thenceforth be incapable of receiving , or holding any license
under this Ordinance, for the space of three years, to be computed from the date of
such adjudication .
16. Provided always, and be it further enacted, that no recognizance shall be Recognizances
not to be
declared forfeited, unless upon such adjudication by the said Court of general sessions forfeited until
the third convic
tion and to be
upon such third or subsequent conviction , and in every proceeding under this Ordinance, evidence ofbeing
licensed.
against a person as a licensed publican , the production of his or her recognizance, shall Publicans infor
med against
be evidence , of his or her being such licensed publican, and if such licensed person so not appearing.
complained of, or informed against, for such third or subsequent offence shall not appear
at such next general sessions, pursuant to the summons, it shall be lawful for the Justices
in such sessions assembled , on proof of the service of such summons, to inquire into and
determine the matter of the said complaint or information , and in all respects to proceed
against any person so summoned and not appearing, in the same manner as if he or she
had appeared.
17. And be it further enacted , that no licensed person, shall maintain any action Debts for spirits
not recoverable
for, or recover any debt , or demand , on account of spirituous liquors, unless such debt unless contracted
for at one time.
shall bona fide have been contracted at one time to the amount of five dollars , or upwards ,
nor shall any item in any account for spirituous liquors be allowed where the liquors.
bona fide delivered at one time, shall not amount to the full sum of five dollars, nor
any amount of debt whatsoever, incurred by any seaman or soldier in Her Majesty's
service for spirituons liquors . Provided always that nothing herein contained shall Not to prevent
inn-keepers
extend to prevent inn-keepers from keeping an account with lodgers and travellers in having accounts
with lodgers.
which any charge for spirits may be included, and recovering the amount thereof, in a
Court of Justice.
18. And be it further enacted, that if the keeper or occupier of any public house Publicans shall
sell liquors for
licensed as aforesaid, shall take or receive from any person whomsoever in payment, or money only.
in pledge for liquor, or for any entertainment whatsoever, supplied in or out of his or
her house or premises, any article of clothing, or slops , or any tool or other article, or
38 ORDINANCE No. 11 OF 1844 .
Licensing Public Houses, &c.
thing excepting metallic money, then such occupier or possessor of a public house, so
offending shall upon conviction forfeit and pay, a sum not exceeding one hundred dollars ,
independently of any such fine or punishment as may attach to so doing under any
statute or ordinance now or hereafter to be in force within the said Colony.
Liquors in quan 19. And be further enacted, that every keeper of a licensed house shall sell,
tities above half
a pint to be sold
according to the or otherwise dispose of all liquors by retail (except in quantities less than a half pint , )
standard
measitre. by the gallon, quart, pint, or half pint , of full imperial measure, according to the standard
which is by law established in England, and shall also if required by any guest, or
customer purchasing such liquor, retail the same in a vessel sized according to such
standard, and in default thereof be shall for every such offence forfeit the illegal measure ,
and pay a sum not exceeding fifty dollars, in a summary way.
Stranger's goods 20. And be it further declared and enacted , that every house licensed as herein
in licensed houses
not liable for rent provided, shall be considered as a common inn, and no goods, or chattels whatsoever,
or any other
c'aim against
such houses. bona fide the property of any stranger, or strangers, and being in such licensed house ,
or the appurtenances thereof, or any place used and occupied therewith, in the ordinary
course of resort at such licensed house, shall be subject to be distrained , or seized, for
or in respect of any claim of rent for such licensed house or appurtenances, or in respect
of any other claim soever against the said house, or appurtenances, or the owner thereof,
and if any such goods or chattles shall be distrained , or seized for rent, or in any other
manner contrary to the provisions of this Ordinance, it shall be lawful for any Magistrate
of Police, or any two Justices of the Peace, to inquire into any complaint made in
respect of such distress , or seizure in a summary manner, and to order such goods and
chattels to be restored to the owner or proprietor thereof, and further to award such
reasonable costs , as shall be incurred, by such summary proceeding, and such costs to
levy by distress and sale of the goods or effects of the person, or persons, distraining, or
seizing such goods or chattels as aforesaid.
Justices , or 21. And be it further enacted, that it shall be lawful for any Justice of the Peace,
constables
anthorized or any constable generally authorized by a Justice of the Peace in that behalf, to demand
may enter public
houses at all
times. entrance into any licensed public house, or the appurtenances thereof at any time, by
day, or night, and if admittance be delayed for such a time, as shall make it appear to
any such Justice or Justices, that wilful delay was intended, it shall be lawful for such
Justice or Justices to summon the person so offending before the next Court of general
sessions, for the district, and upon conviction before such Court of general sessions ,
the license of the party so offending shall be forfeited , any thing hereinbefore contained
to the contrary notwithstanding : and no license shall again be granted for the space of
three years from the date of such conviction , to any person who shall be so convicted
of refusing or wilfully delaying admittance. Provided always, that if such admittance
be refused or wilfully delayed , it shall be lawful for such Justice, or constable to break
into such public house, with his assistants to serve process, or for any other lawful
purpose.
ORDINANCE No. 11 OF 1844. 39
Licensing Public Houses, &c.
22. And be it further enacted , that if any licensed person shall abandon the Penalties for
publicans
occupation of his or her licensed house, as his or her usual place of residence, and abandoning the
occupation or
management of
permit any person whatsoever, to manage , superintend , or conduct the business , of such their houses.
house, or shall whether residing in the said house, or not, permit any unlicensed person
to become virtually, or in effect the keeper thereof, then, or in either of the said cases ,
upon proof of the fact, to the satisfaction of any two or more Justices of the Peace, the
license of such house, for the current year, shall become and be absolutely void ,
any thing hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ any Or employing
unlicensed person
unlicensed person to sell, or dispose of by retail as aforesaid, any such liquors as to retail liquors
ont of their
houses or dis
aforesaid in any house, or in any cart dray or other carriage, or in any vessel or boat, posing of
them for that
or in any place whatever out of the licensed house of such licensed person , or if any purpose.
licensed person shall sell barter or lend to any unlicensed person any such liquors as
aforesaid , with the knowledge or upon the understanding that such liquors are to be
sold retailed or bartered by such unlicensed person, contrary to the true intent and
meaning of this Ordinance, every such licensed person shall, upon conviction thereof
in a summary manner, forfeit and pay for every such offence, a sum not exceeding two
hundred dollars.
24. And be it further enacted, that no ale, beer, wine, cider, ginger beer, spruce No liquors to be
retailed where a
beer, brandy, rum , or any other fermented , or spirituous liquors, shall be sold or retail shop is
kept.
disposed of by retail, in any quantity less than two gallons, in any house or place, in or
on which a retail shop for the sale of other articles is kept, and if any person shall sell
or dispose of by retail any such liquors as aforesaid in such house or shop, or shall
supply or deliver any such liquors to any person coming to such house or shop , under
the pretence of such last mentioned person being a customer, or under any other
pretence whatsoever, every such person so offending shall upon conviction thereof
in a summary manner be subject to the same penalty as if he or she had been convicted
of selling any such liquors as aforesaid by retail without a license, contrary to the
provisions of this Ordinance.
25. And be it further enacted, that if any unlicensed person shall sell, or deliver Persons selling
two gallons of
any such liquors in a quantity exceeding two gallons, with an understanding that part liquors with an
understanding
thereof shall be returned, so that after such part shall have been returned , the quantity that part shall be
returned.
actually sold, or delivered shall be under two gallons , then and each of such cases such
retail shopkeeper, dealer, or person , shall upon being convicted of any such offence, be
subject to the same penalty as if he or she had been convicted of selling any such liquors Penalty.
as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following sections renumbered
as in brackets.]
26. (31. ) And be it further enacted, that it shall and may be lawful for any Justice Liquors hawked
about to be seized
and condemned.
-of the Peace, constable or other peace officer, to seize and take away, or to destroy , or
cause to be seized taken away, or destroyed , all such spirituous or other liquors as
aforesaid, as shall be hawked about , or exposed to sale, in any street road foot- path or
40 ORDINANCE No. 11 OF 1844.
Licensing Public Houses, & c.
any other place whatever, or in any booth tent stall or shed , or in any boat or vessel
by any person not licensed to sell the same in such place, and the vessels containing
the same, and all vessels and utensils used for drinking or measuring the same, and
any cart dray or other carriage, and any horse, or horses, or other animal or animals ,
employed in drawing, or carrying, the same, as well as any boat, or vessel used in the
conveyance of such liquors as aforesaid : and it shall be law ul for any one, or more
Justice or Justices of the Peace on his or their own view, or on confession of the party,
or by proof of such offence by the oath of one, or more credible witness , or witnesses ,
to convict any person so offending, of selling spirits without a license, and to adjudge
him her or them , liable to all the penalties imposed by this Ordinance, for such offence :
and to cause such liquors vessels and utensils containing the same, and any cart dray
or other carriage, horse, or horses, or other animal, or animals , and any boat, or vessel
used in conveying the same to be sold : and the proceeds thereof after deducting the
expenses of sale, shall be paid one moiety, to the use of the Queen, and the other
moiety, to the person, or persons who may in any such case first seize, inform, or pro
secute.
If besected 27. (32. ) And be it further enacted, that upon information on oath being made
that Fiptors are
retailed in any
unlicensed house before any Justice of the Peace, by any constable, or credible person, that he or she
they may be
seized, and if doth verily suspect and believe that any such liquor, or liquors as aforesaid, is or are ,
afterexamination
it shall so appear or have been sold, or retailed , in any particular unlicensed house, or other unlicensed
they shall be
forfeited. place, and such other constable, or other persons shall in such information set forth
and show reasonable grounds for such belief and suspicion, then and in such case it
shall be lawful for such Justice, in his discretion , to grant his warrant, to any constable
to enter, and search any such house, or other place by day, and such constable may
break open the doors , if not opened within a reasonable time after demand, and seize
all such fermented, and spirituous liquors as aforesaid , as he shall then and there
find, and the vessel, or vessels in which such liquors shall be contained and shall and
may detain the same until the owner thereof shall appear before any Magistrate of
Police, or before two, or more Justices of the Peace, to claim such liquors, and shall
satisfy the said Magistrate, or Justices, how, and for what purpose he became possessed
of the same, and if it shall appear to the said Magistrate, or Justices, after due inquiry
and examination, that such liquors were in the said house, or other place, for the
purpose of being illegally sold , or disposed of by retail, then such Magistrate or
Justices shall adjudge the said liquors, and vessel or vessels to be condemned , and
forfeited, and the same shall, and may be sold , and the proceeds thereof after payment
of such costs as may be assessed, and awarded by such Justices, shall be applied , and
distributed in equal moieties to the use of Her Majesty, and to or amongst the party
or parties so informing, but if otherwise, then such liquors, and vessel, or vessels , shall
be forthwith restored to the proper owner.
What deemed 28. (33. ) And in order to remove any doubts which may arise as to what may con
evidence of
retailing without
license. stitute, or establish a selling, or disposing by retail of liquors contrary to the true intent
and meaning of this Ordinance: Be it further enacted , that the delivery of any such
ORDINANCE No. 11 OF 1844 . 41
Licensing Public Houses, &c.
* [*Amended by
spirituous, or other liquors as aforesaid in any quantity less than two gallons shall
Ord. No. 7 of
be deemed and taken to be good and sufficient primâ facie evidence of money, or other 1838.]
consideration being given for the same, so as to support a conviction for retailing
liquors contrary to this Ordinance, unless proof shall be made to the contrary to the
satisfaction of the Magistrate, Justice or Justices , hearing the case.
29. (34.) And be it further enacted, that in all proceedings whatsoever, against any In proceedings
the proof ofbeing
licensed to lie
person for retailing, or permitting or suffering to be retailed , any such liquors without with the party
charged.
a license, such person, shall for all purposes connected with those proceedings be
deemed , and taken to be unlicensed , unless he or she shall at the hearing of the case,
produce his, or her license before, and exhibit the same to the sitting Justices, or shall
then and there produce other satisfactory proof of his, or her being a licensed person.
And every licensed person as aforesaid, shall on demand at his, or her licensed house, Pablicans to
produce their
licenses to
produce his , or her license to any Justice of the Peace, or any constable authorized by Justices on
demand.
any Justice, by any writing under his hand in that behalf: and if any such licensed
person shall refuse, or neglect so to produce his, or her license, he or she shall forfeit,
and pay for every such refusal, or neglect, a sum, not exceeding fifty dollars, to be
recovered in a summary manner.
30. (35.) And be it further enacted, that if any person be convicted of keeping a Disorderly
houses may be
searched for six
disorderly house, or of unlawfully retailing any such liquors as aforesaid , the house and months after
conviction.
premises of such person, and the house, lodging, shop, or warehouse, where such
offence shall have been committed, and any court or yard connected therewith, shall
be liable to be searched, at any time of the day, or night, by any constable, or consta
bles, or other peace officer or officers, with, or without warrant, for six months next
after such conviction . Provided that the same or any part thereof, shall be occupied
by the party, or parties, so convicted, and all such liquors as aforesaid, as at any time
within the said six months, shall be found in any such house, lodging , shop , court yard ,
or premises shall , and may be seized , and forthwith removed, and disposed of, in the
manner hereinbefore directed for the disposal of such liquors, seized in an unlicensed
house.
31. (36.) And be it further enacted, that whenever any Justice of the Peace, or Persons drinking
in unlicensed
houses to be
any chief, or other constable shall find any person, drinking in any house, shop, store apprehended.
house, or other building, or any booth , shed, or hut, tent, stall, or place in which, or
where, any ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum , or other fer
mented, or spirituous liquors, shall be sold, or disposed of by retail, and the license
for such sale shall not on demand be produced to such Justice or constable, it shall and
may be lawful for such Justice of the Peace, or constable, to apprehend all such
persons so found drinking there : and every such person so found drinking , shall, upon
the view of such Justice, or upon conviction before any Justice of the Peace, forfeit
and pay for every such offence, a sum not exceeding twenty dollars , to be recovered in
a summary manner, unless such person shall inform against such unlicensed person , or
voluntarily become a witness against him, or her, in respect of such act of selling, and
retailing.
42 ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
Payment of 32. (37.) And be it further enacted, that any master or other person employing
wages where
liquors are sold. journeymen, workmen, servants, or labourers , who shall pay or cause any payment to
be made to any such journeyman, workman, or labourer in or at any house in which
any of the liquors as aforesaid shall be sold by retail, shall forfeit and pay for every
such offence, a sum not exceeding fifty dollars, to be recovered in a summary manner.
Recovery of fines And be it enacted, that fines and penalties herein mentioned shall (except where it is
and penalties.
otherwise specially provided) be recovered before any Magistrate of Police sitting singly, or
any two, or more Justices ofthe Peace, in the manner provided by Ordinance No. 10 of 1844,
entitled " An Ordinance to regulate summary proceedings before Justices of the Peace, and
"to protect Justices in the execution of their duty." [Repealed by Ordinance No. 7 of 1858. ]
As to licensesnot 33. And be it further enacted , that until the said first day of July, every license
completed or
issued before
commencement hitherto issued in Hongkong shall be deemed and taken to have issued , and shall have
ofthis Ordinance.
the same force and effect, as any such license issued under this Ordinance, and all and
every person, place, matter, or thing, shall in respect of, or in relation to every such
license, be subject and liable to such and the like laws, rules , regulations, provisoes,
conditions , powers , jurisdictions, fines, forfeitures, penalties , and proceedings , as herein
before provided, with respect to licenses issued , and all other things directed in respect
thereof, and by virtue of this present Ordinance. [ Repealed by Ordinance No. 7 of 1858.]
[ New Sections 38 to 40 added by Ordinance No. 7 of1858. The whole Ordinance
except sections 38 & 39 repealed by Ordinance No. 21 of 1886. Sections 38 & 39
repealed by Ordinance No. 21 of 1887.]
SCHEDULES
TO WHICH THIS ORDINANCE REFERS.
( 4.)
Form of application for a License to keep an Inn or Public house with certificate of character.
TO THE HONOURABLE THE CHIEF MAGISTRATE OF POLICE OF HONGKONG.
I A. B. (state the trade or occupation) now residing at in the
Colony of Hongkong do hereby give notice that it is my intention to apply at the next licensing meet
ing to for a license to
sell, and retail ale, beer, and other malt liquors, or wine, cider, ginger beer, spruce beer, brandy, rum,
or other fermented, or spirituous liquors, in the house, and appurtenances thereunto belonging, situated
at (here describe the house proposed to be licensed, specifying the situation of it ; the person ofwhom
rented, the present occupier, whether now licensed ; and if so under what sign) and which I intend to
keep as an inn or public house. I am (married, or unmarried as the case may be :) and I have held a
license (if before licensed state how many years)
I further give notice that I propose C. D. of
and E. F. of as my sureties to enter with me
into the required recognizance.
Given under my hand this day of 184. We
the undersigned householders residing within the town of
ORDINANCE No. 11 OF 1844. 43
Licensing Public Houses, &c.
do hereby certify that the above A. B. of is a person of good
fame and reputation and fit and proper to be licensed to keep an inn or public house.
Witness our hands, this day of 184
1.
2.
3.
( B.)
Form of Certificate by the Chief Magistrate to authorize the granting of a License.
HONGKONG.
At the licensing meeting (or an adjournment of the licensing meeting or sessions) holden at
on the day of
in the year one thousand eight hundred and forty
for the purpose of considering applications made to me for licenses to keep public houses, in pursuance
ofan ordinance of the Governor and Council intituled " An Act for licensing Public Houses, and regu
lating the retail of fermented, and spirituous liquors, in Hongkong" I
do hereby authorize the Colonial Treasurer to issue a license to A. B. of
to keep an inn, or public house at the sign of
situated in for the year commencing on the day of
and I do hereby certify that I am satisfied the said A. B. is a person of good
fame, and reputation , and is fit and proper to keep any inn or public house and also that I have taken
from the said A. B. and his sureties C. D. of and E. F. of a
recognizance in the sum of each according to the form
prescribed by the said ordinance of the Governor and Council.
Given under my hand and seal on the day of and at
the place first above written.
(C)
Form of a Recognizance.
Hongkong
to wit
Be it remembered, that on the day of 184
A. B. of C. D. of and E. F. of came
personally before me
Chief Magistrate of Police in the Colony of Hongkong and acknowledged themselves to owe to Our
Lady the Queen, to wit the said A. B. the sum of the said C. D. the sum
of and the said E. F. the sum of of lawful
current dollars of Hongkong to be respectively levied of their several goods and chattels, lands and
tenements, to the use of our said Lady the Queen Her Heirs and Successors : in case default shall be
made in the performance of any of the conditions hereunder written :
The conditions of this recognizance are such, that whereas the said A. B. is to be licensed to keep
a common-inn, ale-house, or victualling-house. and to sell ale, beer, and other malt liquors, and wine,
44 ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
cider, ginger beer, spruce beer, brandy, rum, and other fermented and spirituous liquors, in the house,
wherein he (or she) now dwells ( or is about to dwell) being the sign of situated at
in for twelve months, commencing on the day of
one thousand eight hundred and forty if the said A. B. do keep the
law in selling ale, beer, and other such liquors as aforesaid in his (or her) said house or appurtenances
thereunto belonging : and do not permit any person to become drunk, or supply, or permit such liquor
as aforesaid to be supplied or given to any person in a state of intoxication , or permit such person (not
being an inmate thereof) to remain in his ( or her) house or premises and do not permit any person to
play at cards dice or any other game of chance in his (or her) house or premises or to commit any
disorder therein or to remain in or upon the same tippling or drinking after the hour of
at night or on Sunday at any hour, always excepting moderate refreshment to persons who may be
bonâ fide travelling or who may be inmates of the house ; nor suffer any disorder to be committed in
his (or her) house or premises ; nor refuse to admit a Magistrate, or constable into any part of the
said house or premises at any hour and do maintain good order and rule therein , then the said
recognizance to be void, otherwise to remain in full force.
Taken and acknowledged the day and year above written before me.
L. S.
(D.)
Form of License.
Hongkong
to wit
Whereas A. B. of hath deposited in this office a certificate from the
Chief Magistrate of Police dated the day of
in the year of our Lord one thousand
eight hundred and forty authorizing a license to be issued to the said A. B. to keep an inn,
or public house at the sign of situated at and
stating that the said Chief Magistrate of Police has taken from the said A. B. and two sureties a recog
nizance in the sum of each as required by law, and whereas the said A. B. hath
paid into my office the sum of as the duty on such license now I the Colonial
Treasurer of the Colony of Hongkong in virtue of the powers vested in me by Ordinance No. 11 of 1844
of the Governor and Council do hereby license authorize and empower the said A. B. to keep a common
inn, ale-house, or victualling-house, and to sell and retail in the house in which he ( or she) now
dwelleth (or is about to dwell) being the sign of situated at
and in the appurtenances thereunto belonging but not elsewhere all beer, and
other malt liquors, or wine, cider, ginger beer. spruce beer, brandy, rum, or other fermented , or
spirituous liquors, and this license shall continue in force from the said day of
until the day of next ensuing both
days inclusive and no longer, and also provided it be not forfeited in the meantime according to the
provisions of the aforesaid ordinance of the Governor and Council.
Given under my hand and seal at Victoria this day of
one thousand eight hundred and forty
N. 0. L. S.
Colonial Treasurer,
Registered P. Q.
ORDINANCE No. 12 OF 1844 . 45
Police Force Regulation .
No. 12 of 1844.
An Ordinance for the establishment and regulation of a Police Force in Title.
the Colony of Hongkong.
[ 1st May, 1844. ]
HEREAS it is expedient that provision should be made for establishing an Preamble.
W effective system of police, within the Colony of Hongkong : Be it enacted, Governor to ap
point Chief
that it shall, and may be lawful for His Excellency the Governor of Hongkong, to marine and
assistant Magis
nominate, and appoint a proper person to be Chief Magistrate of Police, throughout trates and Super
intendent of
Police & c.
the Colony of Hongkong, who shall reside in the town of Victoria, and shall be
charged, and invested, with the general direction , and superintendence of the Force
to be established under this Ordinance, and to appoint from time to time, fit and
proper persons to be respectively marine, and assistant Magistrates, and Superintendents
of Police, under the said Chief Magistrate, and proper persons to be clerks in the
office of such Chief Magistrate, and every such marine, and assistant Magistrates, and
Superintendent of Police, shall on his appointment to such office, forthwith take before
any two Justices of the Peace at Hongkong, the oaths required to be taken by Justices Oaths to be
taken.
of the Peace in Hongkong aforesaid , and also the oath hereinafter contained, and shall
thereupon become and be, without further qualification or appointment, and continue
so long as they shall hold the said offices, but no longer, Justices of the Peace for the
Colony of Hongkong.
"I do swear that I will well and truly serve our Oath.
"Sovereign Lady the Queen in the office of Chief or assistant, or marine Magistrate,
"or Superintendent of Police (as the case may be) " without favor, or affection , malice,
" or ill-will, that I will see and cause Her Majesty's peace to be kept, and preserved
"and that I will prevent, to the best of my power, all offences against the same,
" and that while I shall continue to hold the said office , I will to the best of my skill
" and knowledge discharge all the duties thereof faithfully according to law, so help
"" me God."
And no person appointed under this Ordinance , to be Chief, or assistant, or marine
Magistrate, or Superintentent of Police, shall be capable of holding the said office, or
of acting in any way therein, until he shall take and subscribe the above oath, and the
said oath shall be administered by any two Justices of the Peace at Hongkong, and
such Justices shall forthwith give to the person taking the same a certificate thereof
under their hands, such certificate to be forwarded to the Governor of the said Colony ,
or to such person as he shall appoint.
2. And be it enacted, that a sufficient number of fit and able men shall from time Policemen
appointed to
to time be appointed by the Governor, as a Police Force for the whole of the Colony of have power of
constubies.
Hongkong, who shall be sworn in by the Chief or assistant Magistrates , to act as
constables for preserving the peace, and preventing robberies, and other felonies, and
apprehending offenders against the peace, and the men so sworn in shall have all such
46 ORDINANCE No. 12 OF 1844 .
Police Force Regulation.
powers, authorities, privileges, and advantages, and be liable to all such duties, and
responsibilities , as any constable duly appointed now has, or hereafter may have, either
by the common law, or by virtue of any English statute, or Colonial ordinance, now, or
hereafter to be in force in the said Colony of Hongkong, and shall obey all such lawful
commands, as they may from time to time receive from the said Chief, marine, or
assistant Magistrate, and Superintendent of Police, or any other inferior officers, who
may at any time be appointed over them.
Chief Magistrate 3. And in order to provide for one uniform system of rules and regulations ,
to make rules
with approbation throughout the whole establishment of Police in Hongkong: Be it enacted, that the
of the Governor.
[ See Ordinance said Chief Magistrate may from time to time, subject to the approbation of the Governor
No. 6 of 1857.]
for the time being, frame such orders and regulations, as he shall deem expedient for
the general government of the men, to be appointed members of the Police Force under
this Ordinance, the places of their residence, the classification, rank, and particular
service of the several members , their distribution, and inspection , the description of
arms, accoutrements, and other necessaries to be furnished to them, and which of them
shall be provided with horses for the performance of their duties , and all such orders
and regulations relative to the said Police Force, as the said Chief Magistrate shall, from
time to time, deem expedient for preventing neglect, or abuse, and for rendering such
Force efficient, in the discharge of all its duties, and the said Chief Magistrate may at
any time suspend, or dismiss from his employment, any man belonging to the said
Police Force, whom he shall think remiss, or negligent, in the discharge of his duty, or
otherwise unfit for the same, and when any man shall be so dismissed , or cease to
belong to the said Police Force, all powers vested in him as a constable by virtue of this
Ordinance, shall immediately cease and determine.
Constable not to 4. And be it enacted, that no constable to be appointed under this Ordinance,
resign without
notice, and pen shall be at liberty to resign his office, or withdraw himself from the duties thereof,
alty thereon.
unless expressly authorized so to do in writing, by the Chief Magistrate of Police, or
unless he shall give to the said Chief Magistrate of Police, two months notice of his
intention so to resign, or withdraw, and if any such constable shall so resign, or
withdraw himself without such previous permission or notice, he shall for such offence
forfeit and pay a penalty, not exceeding two hundred dollars, on conviction thereof in
a summary manner before one Justice of the Peace, in manner provided by Ordinance
No. 10 of 1844, intituled " An Ordinance to regulate summary proceedings before
" Justices of the Peace, and for the protection of Justices in the execution of their
"Office."
Constable ceas 5. And be it enacted, that when any constable to be appointed under this
ing to be such to
deliver up arms Ordinance, shall be dismissed from , or shall cease to hold, and exercise his office, all
clothes &c.
penalty in default powers, and authorities vested in him as a constable, shall immediately cease and
thereof.
determine, to all intents and purposes whatever : and if any such constable shall not
within one week after he shall be dismissed from, or cease to hold, and exercise his
office, deliver over all and every the arms, and ammunition , and accoutrements , horse ,
ORDINANCE No. 12 OF 1844 . 47
Police Force Regulation.
saddle, bridle, clothing, and other appointments whatsoever, which may have been
supplied to him for the execution of such office, to such person, and at such time and
place as shall be directed by the said Chief Magistrate, such person making default
therein shall, upon conviction for every such offence in a summary manner before a
Justice of the Peace, be subject and liable to imprisonment in the common gaol, or house
of correction , for any period not exceeding three months, and to be kept to hard labour,
as such Justice of the Peace may direct, and it shall be lawful for such Justice of the
Peace, and he is hereby authorized and required, to commit every such offender
accordingly, and to issue his warrant to search for, and seize to the use of Her Majesty,
all and every the arms, ammunition , accoutrements, horses, bridles, saddles, clothing,
and other appointments whatsoever, which shall not be so delivered over wherever the
same shall be found.
6. And be it enacted, that if any constable to be appointed under this Ordinance, Penalty for
constable remiss
shall be guilty of any neglect, or violation of duty in his office, or shall neglect or refuse in his duty .
to obey and execute any warrant, lawfully directed to be by him executed or shall be
guilty of any disobedience to the orders and regulations framed, as hereinbefore
mentioned, by the said Chief Magistrate, or other misconduct as a constable, he shall
for every such offence, on conviction thereof before a Justice of the Peace in a summary
manner, forfeit and pay a penalty not exceeding two hundred dollars, and the amount of
such penalty shall, and may be deducted from , and out of any salary accruing due to
such offender under this Ordinance, upon a certificate thereof, to be, by the Justice
before whom he may be convicted, transmitted to the Treasurer of the said Colony.
7. And be it enacted, that if any person , not appointed and acting under this Penalty in per
son having in his
Ordinance, shall have in his possession any arms, ammunition , or any article of clothing possession arms
belonging to or
assuming the
accoutrements, or appointments supplied to any person under this Ordinance, and shall dress ofthe Police
Force.
not be able satisfactorily to account for his , or her possession thereof, or shall put on ,
or assume the dress , name, designation , or description of any person or persons, or any
class of persons, appointed under this Ordinance, for the purpose of thereby obtaining
admission into any house, or other place, or of doing, or procuring to be done, any
other act, which such person or persons, so putting on, or assuming such dress , name,
designation, or description , would not by law be entitled to do , or procure to be done of
his, or their own authority, every such person so offending shall, in addition to any
other punishment to which he, or she may be liable for such offence, forfeit and pay
for every such offence any sum not exceeding two hundred dollars, to be recovered in
a summary manner, on conviction before a Justice of the Peace.
8. And be it enacted , that it shall and may be lawful to and for the said Chief, Governor may in
stitute inquiries
marine, or assistant Magistrate, or the Superintendent of Police, or either or any of into conduct
of policemen on
them, or any other person or persons , to be nominated for the purpose from time to oath.
time by the Governor, to examine on oath into the truth of any charges of complaints ,
preferred against any person to be appointed under this Ordinance, of any neglect or
violation of duty in his office, and to report thereon to the Governor, and any person
48 ORDINANCE No. 12 OF 1844.
Police Force Regulation.
False oath who on such inquiry, or on any other occasion on which an oath may be administered
punishable as
perjury. under this Ordinance, shall give false evidence, or take a false oath, and be thereof
duly convicted , shall be deemed guilty of wilful and corrupt perjury, and shall be
liable to such pains and penalties, as persons convicted of wilful and corrupt perjury
are or may be subject and liable to .
Common report 9. And be it enacted , that if any question arise as to the right of any Chief,
to be proof ofthe
right of any per
son to exercise marine, or assistant Magistrate, or Superintendent of Police, or any serjeant, or
any office under
this Ordinance. other inferior officer, or of any common constable, to hold or execute any such office
respectively, common reputation shall to all intents and purposes be deemed, and held
to be sufficient evidence of such right, and it shall not be necessary to produce any
appointment , or any oath, affidavit, or other document, or matter whatsoever, in proof
of such right.
Fines imposed 10. And be it enacted , that all fines imposed on any serjeant, or other inferior
on policemen to
form a Reward
Fund. officer, or on any constable under this Ordinance shall be paid to the Treasurer of
the Colony of Hongkong, and be carried by him to a separate account, so that the
same may form a fund, to be called the " Police Reward Fund," to be appropriated
for the payment of such rewards, gratuities, bounties, pensions, or other allowances, as
the Governor may from time to time award, or direct to be paid to any person or
persons appointed under this Ordinance, or to the widows and families of any such
Governor may person at his death. And that it shall and may be lawful for the Governor to direct,
deduct portion of
salary to increase if he shall think fit, that any proportions not exceeding ten shillings in the year, for
Reward Fund.
every one hundred pounds of the salary of every person appointed under this Ordi
nance, and so in proportion for any salary less than one hundred pounds, shall be
deducted yearly from such salaries, and added to the Reward Fund and form part
thereof.
Policeman in 11. And be it enacted, that where any person, charged with any misdemeanor
chief command
at any station to or petty felony , shall be brought without a warrant of a Justice of the Peace, into the
take bail.
custody of any serjeant of Police, or any other inferior officer of Police, in actual chief
command at any Police station , it shall be lawful for such serjeant, or other inferior
officer of Police, if he shall deem it prudent, (provided the Justice of the Peace, before
whom the party charged with such misdemeanor, or petty felony is to be taken for
examination on such charge, be not then in attendance at his office, ) to take bail by
recognizance without any fee or reward from such person, conditioned that such person
shall appear for examination before a Justice of the Peace, at some place to be specified
in the recognizance, and at such earliest time then next after, when such Justice of the
Peace shall be in attendance at his office , and every recognizance so taken shall be of
equal obligation on the parties entering into the same, and liable to the same proceed
ings for estreating thereof, as if the same had been taken before a Justice of the
Peace, and the name, residence, and occupation of the party, and his surety or sureties,
if any entering into such recognizance, together with the condition thereof, and the
sums respectively acknowledged , shall be entered in a book to be kept for that purpose,
ORDINANCE No. 12 OF 1844 . 49
Police Force Regulation.
which shall be laid before such Justice, as shall be present at the time and place, when
and where the party is required to appear, and if the party do not appear at the time
and place required, or within one hour after, the Justice shall cause a record of the
recognizance to be drawn up, and shall return the same to the next sittings of the
Court, in which the offence charged should be brought for trial, with a certificate at
the back thereof, signed by such Justice, that the party or parties have not complied
with the obligation therein contained, and the proper officer of the said Court shall
make the like estreats and schedules of every such recognizance, as of recognizances Recognizance
of bail to be
forfeited in the said Court, and if the party not appearing shall apply by any person estreated.
on his behalf, to postpone the hearing of the charge against him , and the Justice
shall think fit to consent thereto , the Justice shall be at liberty to enlarge the recog Recognizance
ofbail may be
nizance to such further time as he shall appoint, and when the matter shall be heard enlarged.
and determined, either by the dismissal of the complaint, or by binding the party over
to answer the matter thereof before any superior Court, the recognizance for the
appearance of the party before a Justice shall be discharged without fee or reward.
12. And be it enacted, that the Chief Magistrate of Police, subject to the Constables to
attend Magis
approbation of the Governor for the time being, shall from time to time direct a trates.
sufficient number of men belonging to the Police Force to be appointed under this
Ordinance, and of such ranks as shall be necessary and proper to attend on the Justices
of the Peace acting in and for any port, district, or other division of the said Colony
respectively, who shall obey and execute all the lawful warrants, orders, and commands
of such Justices, in all matters civil and criminal.
13. And when any warrant, order, or command of any Magistrate, shall be Name of con
stable appointed
delivered or given to any constable, serjeant, or other inferior officer of Police , he to execute war
rant to be indor
sed thereon.
shall, if the time will permit, show or deliver the same to the Superintendent of Police,
or other officer, (under whose immediate command such constable, serjeant, or other
inferior officer of Police, shall then be) , and such Superintendent , or other officer, shall
nominate and appoint by indorsement thereon , such one or more of the constables, or
of other ranks, under his orders , and such assistant or assistants to him or them, as
such Superintendent, or other officer, shall think proper, to execute such warrant,
order, or command , and every such constable, or other person, whose name shall be so
indorsed, and every such assistant as aforesaid, shall have all and every the same rights
powers and authorities for, and in the execution of every such warrant, order, or
command, as if the same had been originally directed to him, or them expressly by
name.
14. And be it enacted, that when any action shall be brought against any Constable not
to be liable to
constables, or inferior officer of Police, for any act done in obedience of the warrant of action on proof
of signature of
Magistrate.
any Magistrate, such constable, or inferior officer of Police, shall not be responsible for
any irregularity in the issuing of such warrant, or for any want of jurisdiction in the
Magistrate issuing the same, and such constable, or inferior officer of Police, may plead
the general issue, and give such warrant in evidence, and upon producing such warrant
and proving that the signature thereto is the hand writing of the person, whose name
50 ORDINANCES Nos. 12 AND 13 OF 1844 .
Police Force Regulation. Chinese Peace Officers Regulation.
shall appear subscribed thereto, and that such person is reputed to be, and acts as a
Magistrate for the Colony of Hongkong, and that the act or acts complained of were
done in obedience to such warrant, the jury or Court, who shall try the said issue, shall
find a verdict for the defendant, who shall also recover double his costs of suit.
Exemption 15. And be it enacted, that the Chief, marine, and assistant Magistrates, the
from serving on
juries. Superintendent, and constables of Police, and the clerks, inferior officers, and other
officers, to be appointed under this Ordinance, so long as they shall continue to hold
the said offices, or appointments respectively, shall be and are, and each of them is
hereby exempted from serving on all juries, or inquests whatsoever.
Penalty on pub 16. And be it enacted, that if any victualler, or keeper of any house, shop,
lican harbour
ing policemen.
room, or other place, for the sale of any liquors, whether spirituous or otherwise, shall
knowingly harbour or entertain any man belonging to the said Police Force, or permit
such man to abide, or remain in his house, shop , room, or other place, during any part
of the time appointed for his being on duty, every such victualler, or keeper as
aforesaid, being convicted thereof, before any one Justice of the Peace, shall for every
such offence forfeit, and pay such sum not exceeding one hundred dollars, to be
recovered in a summary manner, as the said Justice shall think meet.
Penalty on per 17. And be it enacted, that if any person shall assault, or resist any person
sons obstructing
or refusing to belonging to the said Police Force, in execution of his duty, or shall aid, or incite any
assist policemen
in the execution
oftheir duty. person, so to assault, or resist, or shall refuse to assist him therein , when called upon so
to do, every such offender , being thereof convicted before any one Justice of the Peace ,
shall , for every such offence , forfeit , and pay such sum not exceeding two hundred
dollars , to be recovered in a summary manner, as the said Justice at his discretion
may adjudge .
[ So much as relates to the charging or investing the Chief Magistrate of Police
with any direction or superintendence of or control over the Police Force established
by the ordinance other than such control as any other Magistrate or Justice of the
Peace may in his magisterial capacity exercise, repealed by Ordinance No. 6 of 1857.
All repealed by Ordinance No. 9 of 1862. ]
No. 13 of 1844 .
Title. [See Ord. An Ordinance for the appointment and regulation of Native Chinese Peace
No. 3 of 1853.]
Officers (Paouchong and Paoukea ) within the Colony of Hongkong.
[ 31st May, 1844. ]
Preamble. HEREAS it is expedient to adopt and preserve such Chinese Institutions as
WH tend to the preservation of peace, and good order : Be it therefore enacted ,
by His Excellency the Governor of Hongkong, with the advice of the Legislative
ORDINANCE No. 13 OF 1844 . 51
Chinese Peace Officers Regulation.
Council thereof, that it shall be lawful for the said Governor to appoint such, and so
many native Chinese Peace Officers, (superior and inferior Paouchong and Paoukea)
throughout the various towns , villages, and hamlets of the Colony of Hongkong, and its
dependencies, as he may deem expedient.
2. And be it enacted , that the said Peace Officers shall be elected , and recommended Governor to
appoint neces
for the office, in such mode as His Excellency the Governor may determine, by the sary number of
Peace Officers.
Officers to be
inhabitants of the several towns, hamlets , districts , or divisions in the said Colony. elected by in
habitants subject
Provided always, that nothing herein contained shall render it compulsory on His said to the approval
of the Governor.
Excellency the Governor to appoint the persons so elected , or recommended for such [See Ord. No. 3 of
1853.]
office, or to prevent him from appointing such other fit persons as he may deem
expedient.
3. And be it enacted , that the said Peace Officers as appointed (Paouchong and Officers to be
constables and to
Paoukea) shall have the same authorities, privileges, and immunities, as any constable act in accordance
with the laws of
China.
of the Police Force of the Colony of Hongkong, and shall also have and exercise such
power and authority, and shall be subject to be punished for neglect of duty, in like
manner as hath been customary within the dominions of the Emperor of China.
Provided always that no such Peace Officer shall have power to inflict any punishment
whatsoever on any offender.
4. And be it enacted, that the Chief Magistrate of Police, with the approbation Chief Magistrate
to make rules and
of the Governor in Council, shall make rules and regulations to be observed by the officers to
conform thereto.
said officers, and that the said officers shall in all respects be under the control, and
conform to the orders of the said Chief Magistrate of Police, and the Police Magistrate
for their respective districts .
5. And be it enacted, that any such officer as aforesaid , who shall be guilty of any Officers guilty of
misconduct liable
to a fine of two
disobedience of such rules or orders as aforesaid or of any neglect or misconduct hundred dollars.
in the execution or pretended execution of his duty, shall, on conviction thereof before
any Magistrate of Police, forfeit a sum not exceeding two hundred dollars, to be levied
in a summary way, according to the provisions of Ordinance No. 10 of 1844.
6. And be it enacted, that the said officers so appointed , shall receive such Officersto receive
rewards for good
occasional rewards for good conduct, and shall wear such honorable badge of their conduct and wear
badge.
office, as may hereafter be appointed by His Excellency the Governor of Hongkong.
7. And be it enacted, that if any such officer as aforesaid, shall be guilty of gross Officer guilty of
gross misconduct
misconduct in his office, he shall, in addition to paying such fine as aforesaid, be to be dismissed
with ignominy.
liable to be dismissed from his office with such marks of ignominy as are customary
in China, and His Excellency the Governor of Hongkong is hereby empowered to
dismiss such offender, and to cause such marks of ignominy to be inflicted in a summary
manner.
[Repealed by Ordinance No. 6 of 1857. ]
52 ORDINANCE No. 14 OF 1844.
Public Gaming.
No. 14 of 1844.
Title. An Ordinance for the suppression of Public Gaming in the Colony of
Hongkong .
[ 10th June, 1844. ]
Preamble. HEREAS it is expedient to suppress the pernicious practice of public gaming
W in the Colony of Hongkong : Be it therefore enacted by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, that any
person who shall for gain or lucre keep any house, room, or place , boat, vessel, or any
Penalty on person place on land or water, for public playing or gambling, or shall permit any person to
keeping a
gambling house.
play within such house, room, boat, vessel, or any place on land or water as aforesaid,
shall forfeit a sum not exceeding two hundred dollars on conviction thereof in a
summary manner.
Penalty on 2. And be it enacted, that any person who shall use, haunt, or be found within
persons haunting
gambling houses. such house, room, boat, vessel, or any place on land or water as aforesaid , shall forfeit
a sum not exceeding fifty dollars on conviction thereof in a summary manner.
Person acting as 3. And be it enacted that the person appearing, or acting as master, or as having
master to be
liable to penalty. the care and management of any such house, room, or place as aforesaid, shall be taken
to be the keeper thereof, and shall be liable as such to the penalty aforesaid.
Justice ofthe 4. And be it further enacted that it shall be lawful for any Justice of the Peace
Peace or consta
ble authorized or constable of the Police duly authorized by warrant of any Justice of the Peace, to
by warrant to
enter into house enter and if necessary to break into any house, room, boat, vessel, or any place either
and seize imple
ments of gaming
money &c., which on land or water, within which such Justice of the Peace shall be credibly informed
shall be forfeited.
on oath, or shall have reasonable grounds of his own knowledge to suspect and believe
that public gambling or playing is, or has been commonly carried on , and to arrest all
persons within such house, room , or place as aforesaid , and to seize all tables, dice, or
other implements of gambling, or which shall be used as such and also all monies or
securities for money, which shall be in actual use for the purpose of gambling, and which
said implements of gambling, and money, or securities for money , on conviction of the
offender shall be and they are hereby declared to be forfeited to Her Majesty the
Queen Her Heirs and Successors.
Penalties to be 5. And be it enacted, that all penalties herein mentioned, shall be recovered
recovered
according to the levied and distributed on conviction of the offender before any Magistrate of Police,
rovisions of
Ordinance No. 10
of 1814. or any two Justices of the Peace, in the manner provided by Ordinance No. 10 of 1844.
[ Repealed by Ordinance No. 9 of 1876. ]
ORDINANCE No. 15 OF 1844 . 53
Supreme Court.
No. 15 of 1844.
An Ordinance to establish a Supreme Court of Judicature at Hongkong. Title.
[ 21st August, 1844. ]
1. Be it enacted and ordained by the Governor of Hongkong, with the advice of Former Court at
Hongkong
the Legislative Council thereof, that from and after the passing of this Ordinance, the abolished.
Court at Hongkong with Criminal and Admiralty Jurisdiction, which has hitherto been
holden by the Chief Superintendent, shall be, and it is hereby abolished.
2. And be it further enacted and ordained , that there shall be within and for the A Supreme Court
of record to be
Colony of Hongkong a Court, which shall be called " The Supreme Court of Hongkong ," instituted
therein.
and that the said Supreme Court of Hongkong shall be a Court of Record.
3. And be it further enacted and ordained, that the law of England shall be in How far the law
of England to
full force in the said Colony of Hongkong, except where the same shall be inapplicable prevail.
to the local circumstances ofthe said Colony, or of its inhabitants ; Provided nevertheless ,
that in all matters and questions touching the right or title to any real property in the
said Colony, the law of England shall prevail, and that no law shall be recognized in
the said Colony, which shall in any way derogate from the sovereignty of the Queen of
England : Provided also, that in all matters relating to the practice and proceedings of
the said Supreme Court, and not hereinafter provided for by this Ordinance, the
practice of the English Courts shall be in force, until otherwise ordered by any rule
of the said Court : Provided also, that in all criminal proceedings arising or being
within the jurisdiction of the said Court, where the party or parties proceeded against
shall be of Chinese origin or extraction, then, and in every such case, it shall be lawful
for the said Court, in its discretion, to punish the offender or offenders according to
the laws of China.
4. And be it further enacted and ordained, that the said Supreme Court of Constitution of
Court.
Hongkong shall consist of, and be holden by, and before, a Judge to be called the Chief
Justice of the Supreme Court of Hongkong and its dependencies, and to be appointed
by Letters Patent under the Public Seal of the Colony from time to time by the
Governor of Hongkong, in accordance with such instructions as he may receive from
Her Majesty, Her Heirs and Successors ; and such Chief Justice shall hold his office
during the pleasure of Her said Majesty, subject to suspension by the Governor, in
like manner as other officers in the said Colony : Provided that in case the said office
of Chief Justice shall become vacant by death or otherwise, it shall be lawful for the
Governor to appoint another fit and proper person to fill the said office of Chief Justice,
until her said Majesty's pleasure be known .
5. And be it further enacted and ordained , that the said Supreme Court of Seal ofthe Court.
Hongkong shall have and use, as occasion may require, a seal , bearing a device and
impression of the Royal Arms, within an exergue or label surrounding the same, with
this inscription , " The Seal of the Supreme Court of Hongkong," and all writs and
54 ORDINANCE No. 15 OF 1844.
Supreme Court.
other process issuing out of the Court shall be sealed therewith ; Provided that, until
such seal can be procured , such writs and process shall be valid if signed by the Registrar.
Judgesto hold no 6. And be it further enacted and ordained, that no Judge of the said Supreme
other offices of
profit. Court of Hongkong shall be capable of accepting, taking, or performing, any other
office, or place, of profit , or emolument, on pain that the acceptance of any such other
office, or place as aforesaid, shall be and be deemed in law de facto an avoidance of his
office of Judge, and the salary thereof shall cease, and be deemed to have ceased
accordingly, from the time of such acceptance of any such other office or place.
Officers of the 7. And be it further enacted and ordained , that there shall be and belong to the
Court.
said Court the following officers ; that is to say, a Registrar, a clerk, and an interpreter
thereof, and such, and so many other officers , as to the Chief Justice of the said Court
Appointment for the time being, shall from time to time appear to be necessary for the administration
and removal of
inferior officers. of justice, and the due execution of all the powers and authorities which are granted
and committed to the said Court by this Ordinance ; and that all persons who shall or
may be appointed to any subordinate office within the said Supreme Court of Hongkong,
shall be so appointed by the Chief Justice of the said Court for the time being, and
shall be removable at the discretion of the said Chief Justice : Provided nevertheless,
that no new office shall be created in the said Court, unless the Governor, or Acting
Governor for the time being, of the said Colony, shall first signify his approbation
thereof to the said Chief Justice for the time being, in writing, under the hand of such
Governor, or Acting Governor as aforesaid.
Superior officers 8. And be it further enacted and ordained, that the several superior officers of
howto hold office.
the said Court, who now are, or hereafter may be appointed to their said offices by Her
Majesty, Her Heirs and Successors , shall hold their several offices during the pleasure
of Her said Majesty, subject to suspension by the Governor, in like manner as other
officers in the said Colony ; and that all other superior officers, appointed with the
approbation of the Governor as aforesaid, shall be removable from their several offices
in the said Court by the Governor, upon reasonable cause.
Admission of 9. And be it further enacted and ordained, that the said Supreme Court of
barristers and
attornies. Hongkong is hereby authorized and empowered, to approve, admit, and enrol such
and so many persons having been admitted barristers at law, or advocates in Great
Britain and Ireland , to act as barristers and advocates ; or having been admitted
writers, attornies, or solicitors, in one of the Courts at Westminster, Dublin, or
Edinburgh, or having been admitted as proctors in any Ecclesiastical Court in England,
to act in the character of proctors, attornies, and solicitors in the said Court ; and
which persons so approved , admitted, and enrolled as aforesaid, shall be, and are hereby
authorized to appear, and plead, and act, in their several respective characters , for the
suitors of the said Court, subject always to be removed by the said Court, from their
respective stations therein, upon reasonable cause : and it is hereby further enacted
and ordained , that no other person or persons whatsoever shall be allowed to appear,
and plead, or act in the said Supreme Court of Hongkong for, and on behalf of such
suitors, or any of them.
ORDINANCE No. 15 OF 1844 . 55
Supreme Court.
10. And be it further enacted and ordained, that in case there shall not be a Fit persons to be
admitted to
sufficient number of such barristers at law, advocates, writers , attornies , solicitors , and practise for three
months in case of
proctors within the said Colony, competent and willing to appear, and act for the necessity.
suitors of the said Court, then, and in that case, the said Suprene Court of Hongkong
shall, and is hereby authorized to admit temporarily so many other fit and proper
persons to appear and act as barristers, advocates, proctors, attornies, and solicitors as
may be necessary, according to such general rules and qualifications as the said Court
shall, for that purpose , make and establish : Provided always that the persons so
admitted, shall be admitted for a period of three months only, and shall not be readmitted
without obvious necessity.
11. And be it further enacted and ordained , that the sheriff of Hongkong for the Sheriff of
Hongkong to
time being, shall by himself or his sufficient deputy to be by him appointed execute writs
and process.
and duly authorized under his hand and seal, and for whom he shall be responsible
during his continuing in such office, execute, and the said sheriff and his said deputy
is hereby authorized to execute, all the writs, summonses, rules, orders, warrants,
commands, and processes of the said Supreme Court of Hongkong, and make a return
of the same, together with the manner of the execution thereof, to the said Supreme
Court of Hongkong, and to receive, and detain in prison , all such persons as shall
be committed to the custody of such sheriff by the said Supreme Court of Hongkong.
12. And be it further enacted and ordained, that whenever the said Supreme Process against
sheriff.
Court of Hongkong shall direct or award any process against the said sheriff, or award
any process in any cause, matter, or thing wherein the said sheriff, on account of his
being related to the parties , or any of them, or by reason of any good cause of challenge
which would be allowed against any sheriff in England , cannot, or ought not by law
to execute the same, in every such case the said Supreme Court of Hongkong shall name
and appoint some other fit person to execute and return the same, and the said process
shall be directed to the person so to be named for that purpose, and the cause of such
special proceedings shall be suggested and entered on the records of the said Court.
13. And be it further enacted and ordained , that the said Supreme Court shall Jurisdiction of
Court: legal.
have the same jurisdiction in the said Colony of Hongkong and its dependencies, as
Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have
in England ; and shall be a Court of oyer and terminer and gaol delivery, assize and
nisi prius.
14. And be it further enacted and ordained , that the said Supreme Court shall be Equitable.
a Court ofEquity, with such, and the like jurisdiction, as the Court of Chancery in
England ; and shall have, and execute all, and singular, the powers, and authorities of
the Lord High Chancellor of England, with full liberty to appoint and control guardians
of infants, and their estates, and also keepers of the persons and estates of idiots , lunatics ,
and such as being of unsound mind, are unable to govern themselves, and their estates .
15. And be it further enacted and ordained, that the said Supreme Court shall be Ecclesiastical.
a Court of Ecclesiastical jurisdiction , with full power to grant probates, under the seal of
56 ORDINANCE No. 15 OF 1844.
Supreme Court.
the said Court, of the last wills and testaments of all or any of the inhabitants of the
said Colony and its dependencies, and all other persons who shall die, and leave personal
effects within the said Colony and its dependencies : and to commit letters of adminis
tration, under the seal of the said Court, of the goods, chattels, credits, and all other
effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a
will shall not have named an executor resident within the said Colony or its depen
dencies, or where an executor resident as aforesaid, being duly cited, shall not appear
and sue forth such probate : annexing the will to the letters of administration, when such
persons shall have left a will without naming any executor, or where an executor shall
have been named not resident within the said Colony, or where an executor shall have been
named resident within the said Colony or its dependencies, but who being duly cited
thereunto shall not appear and sue forth a probate thereof ; and to sequester the goods,
and chattels, credits, and other effects whatsoever of such persons so dying in cases
allowed by law, as the same is and may be now used in the diocese of London : and to
demand, require, take, hear, examine and allow, and if occasion require to disallow, and
reject the account of them, in such manner and form as may be used in the said diocese,
and to do all other things whatsoever needful and necessary in that behalf.
Court to reserve 16. Provided always, and be it further enacted and ordained , that the said
power of
revocation. Supreme Court, in such cases as aforesaid, is hereby authorized and required , where
letters of administration shall be committed with the will annexed for want of an
executor applying in due time to sue forth the probate, to reserve in such letters of
administration full power and authority to revoke the same, and to grant probate of
the said will to such executor whenever he shall duly appear and sue forth the same.
Court to grant 17. And be it further enacted and ordained, that the said Supreme Court shall
letters of
administration grant and commit such letters of administration to any one or more of the lawful next
to next of kin or
to the Registrar. of kin of such person so dying as aforesaid, being then resident within the jurisdiction
of the said Court, and being of the age of twenty- one years, and in case no such person
shall then be residing within the jurisdiction of the said Court, or being duly cited
shall not appear and pray the same, to the Registrar of the said Court, or to such
person or persons, whether creditor or creditors, or not, of the deceased person, as the
Court shall see fit : Provided always, that probates of wills, and letters of administra
tion to be granted by the said Court, shall be limited to such money, goods, chattels,
credits, and effects as the deceased person shall be entitled to within the said Colony
of Hongkong and its dependencies.
Administrator to 18. And be it further enacted and ordained, that every person to whom such
enter into bond.
letters of administration shall be committed shall, before the granting thereof, give
sufficient security, by bond to be entered into to Her Majesty, Her Heirs and Suc
cessors, for the payment of a competent sum of money, with one, two, or more solvent
sureties, respect being had in the sum therein to be contained, and in the ability of the
sureties, to the value ofthe estates, credits, and effects of the deceased, which bond shall
be deposited in the said Court among the records thereof, and there safely kept, and a
copy thereof shall be also recorded among the proceedings of the said Court, and the
ORDINANCE No. 15 OF 1844 . 57
Supreme Court.
condition of the said bond shall be to the following effect " That if the above bounden Condition of
bond.
"administrator of the goods, chattels, and effects of the deceased do make, or cause to
"be made a true and perfect inventory of all and singular the goods, credits, and effects
"of the said deceased , which have, or shall come to the hands, possession , or knowledge
" of him the said administrator, or to the hands or possession of any other person or
"' persons for him, and the same, so made, do exhibit into the said Supreme Court of
" Hongkong, at or before a day therein to be specified ; and the same goods, chattels ,
"credits, and effects and all other the goods, chattels , credits , and effects of the deceased
"at the time of his death, or which at any time afterwards shall come to the hands or
"possession of such administrator, or to the hands or possession of any other person or
66' persons for him, shall well and truly administer according to law ; and further shall
"make, or cause to be made, a true and just account of his said administration , at or
"before a time therein to be specified, and afterwards from time to time as he, she, or
"they shall be lawfully required ; and all the rest and residue of the said goods, chattels ,
"credits, and effects which shall be found from time to time remaining upon the said
" administration account, the same being first examined and allowed of by the said
"Supreme Court of Hongkong, shall and do pay and dispose of in a due course of
"administration, or in such manner as the said Court shall direct, then this obligation
"to be void, and of none effect, or else to be and remain in full force and virtue ." And How bond to be
put in snit.
in case it shall be necessary to put the said bond in suit, for the sake of obtaining the
effect thereof for the benefit of such person or persons as shall appear to the said Court
to be interested therein , such person or persons from time to time giving satisfactory
security for paying all such costs as shall arise from the said suit, or any part thereof,
such person or persons shall, by order of the said Court, be allowed to sue the same in
the name of the Attorney General for the time being of the said Colony, and the said
bond shall not be sued in any other manner.
19. And be it further enacted and ordained, that the said Supreme Court shall fix Court to fix
periods at which
certain periods when all persons to whom probates of wills and letters of administra accounts shall be
passed.
tion shall be granted by the said Court shall from time to time, until the effects ofthe
deceased persons shall be fully administered , pass their accounts relating thereto before
the said Court ; and in case the effects of the deceased shall not be fully administered
within the time for that purpose to be fixed by the said Court, then, or at any earlier
time if the said Court shall see fit so to direct, the person or persons to whom such
probate or administration shall be granted shall pay, deposit, and dispose of the balance
of money belonging to the estate of the deceased then in his, her, or their hands, and
all money which shall afterwards come into his, her, or their hands, and also all precious
stones, jewels, bonds, bills, and securities belonging to the estate of the deceased , in
such manner, and unto such persons, as the said Court shall direct, for safe custody ;
and the said Court shall from time to time make such order as shall be just for the due
administration of such assets, and for the payment or remittance thereof, or any part
thereof, as occasion shall require, to or for the use of any person or persons , whether
resident, or non resident in the said Colony and its dependencies who may be entitled
58 ORDINANCE No. 15 OF 1844.
Supreme Court.
thereto, or any part thereof, as creditors, legatees , or next of kin, or by any other right
or title whatsoever.
Allowances to be 20. And be it further enacted and ordained, that it shall and may be lawful for
made to
executors or the said Supreme Court , to allow to any executor or administrator of the effects of any
administrators.
deceased person (except as herein mentioned ) such commission , or percentage out of
their assets, as shall be just and reasonable, for their pains and trouble therein : Pro
vided always, that no allowance whatever shall be made for the pains and trouble of
any executor or administrator who shall neglect to pass his accounts at such time, or to
dispose of any money, goods, chattels, or securities with which he shall be chargeable
in such manner, as in pursuance of any general or special rule or order of the said
Court shall be requisite, and moreover, every such executor or administrator , so neglect
ing to pass his accounts, or to dispose of any such money, goods , chattels, or securities
with which he shall be chargeable, shall be charged with interest, at the rate then
current within the said Colony and its dependencies , for such sum and sums of money
as from time to time shall have been in his hands, whether he shall, or shall not make
interest thereof.
Payment of 21. And be it further enacted and ordained , that where letters of administration ,
money into
Treasury. or ad colligenda bona, have been granted to the Registrar under the statute of the 39th
and 40th Geo . 3, or otherwise as Registrar, he shall within fourteen days after receiving
any money belonging to any estate to the amount of one hundred dollars , clear of all just
allowances and deductions for commission, pay the same into the hands of the Colonial
Treasurer to the credit of the said estate, unless the Chief Justice, upon a written
statement of facts, shall report that it will be more expedient for the said estate to be
otherwise held or disposed of ; and such Treasurer shall receive from the Registrar, as
administrator as aforesaid under the statute, all such sums of money as he shall tender
to him, and shall carry the same to the credit of such estates as the said Registrar shall
specify, giving him at the same time a receipt for the specific sums so paid in ; and
whenever the said Registrar shall have occasion to draw any sum of money out of the
hands of such treasurer, he shall apply by petition to the Court, or to the Chief Justice
at chambers, for an order for the payment thereof, stating, in such petition, the purpose
for which such money is required, and such treasurer shall not pay over any monies
which may have been paid into his hands as aforesaid without such order.
Admiralty. 22. And be it further enacted and ordained, that the said Supreme Court shall
be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power,
authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty
abroad.
Court to exercise 23. And be it further enacted and ordained, that it shall be lawful for the said
jurisdiction over
Her Majesty's Supreme Court to have and exercise within the said Colony of Hongkong and its
subjects in
China. dependencies all such powers, jurisdiction , and authority, over Her Majesty's subjects
within the dominions of the Emperor of China, or within any ship or vessel at a
ORDINANCE No. 15 OF 1844. 59
Supreme Court.
distance of not more than one hundred miles from the coast of China, as by any
ordinance of His Excellency the Superintendent of the Trade of British subjects in
China hath been, or shall be, given.
24. And be it further enacted and ordained, that it shall be lawful for the said Powerto regulate
sittings ofthe
Court, and to
Supreme Court to make and prescribe such rules and orders, touching the times and make rules and
orders.
place of holding the Court, form of process, pleadings, and other business and pro
ceedings of the said Court , and of the fees payable therein, as to the said Court shall
seem fit, and such rules and orders , from time to time, to alter, amend, or revoke, as
occasion may require ; and also that it shall be lawful for the said Court to alter or
revoke any rule or regulation, contained in this Ordinance, touching the aforesaid
matters.
25. And be it further enacted and ordained , that there shall be four terms in each Sittings of the
Court.
How many
year for the despatch of the civil business of the said Supreme Court, and the said terms terms, and when
to be held.
shall be the months of January, March, May, and November, and shall commence on
the first, and terminate on the last , day of the said months respectively : Provided ,
that whenever it shall happen that any of the said months shall commence, or end , upon
a Sunday, the term shall commence on the Monday following, or end on the Saturday
preceding .
26. And be it further enacted and ordained, that there shall be four sittings in Sittings at nisi
prius, &c.
every year for the trial of all civil causes and actions, and for the hearing and deter
mining of all matters of complaint under the summary jurisdiction of the said Supreme
Court, as hereinafter provided ; and such sittings shall commence on the 1st day of
February, 1st day of April, the 1st day of October, and the 1st day of December, and
shall terminate on the 14th day of each of such months respectively : Provided , that
whenever either of the said days shall commence, or end, upon a Sunday the sittings
shall commence on the Monday following, and end on the Saturday preceding : Pro
vided also, that if at any time it shall appear to the Chief Justice of the said Court
necessary or expedient that the Court should sit for the purposes aforesaid at any other
or different periods, it shall be lawful for the said Chief Justice so to do, upon given
reasonable notice thereof.
27. And be it further enacted and ordained , that there shall be four sessions in Criminal
sessions.
every year for the despatch of the criminal business of the said Supreme Court ; the said
sessions to commence on the 15th day of February, the 15th day of April , the 15th day
of October, and the 15th of December, in every year, and shall terminate on the last day
of each of such months respectively. Provided, that whenever either ofthe said days shall
happen to commence, or end, upon a Sunday, the sessions shall commence on the Monday
following, and end on the Saturday preceding : Provided also, that if at any time it
shall appear to the Chief Justice of the said Court necessary or expedient that a criminal
session should be held at any other or different period , it shall be lawful for the said
Chief Justice so to hold the same, upon giving reasonable notice thereof,
60 ORDINANCE No. 15 OF 1844.
Supreme Court .
Sittings at 28. And be it further enacted and ordained , that the Chief Justice of the said
chambers.
Supreme Court shall attend at chambers, at such times , and so often as occasion shall
require, (except during the months of June, July, August, and September,) for the pur
pose of hearing parties upon summonses, hearing applications for time, leave to amend,
and such other matters as may be brought before him by any rule or order of the said
Court ; and that the mode of procuring the attendance of any party before the said Chief
Justice at chambers, shall be by summons, to be taken out from the Registrar's Office,
which summons shall state the names and description of the parties , and the object of
the attendance, and shall be signed by the Registrar or his deputy.
Office hours and 29. And be it further enacted and ordained, that the offices of the said Supreme
holidays.
Court shall be open every day during term, between the hours of ten in the morning,
and four in the afternoon, and out of term, between the hours of ten in the morning, and
three in the afternoon, except upon Sundays, and the holidays hereinafter mentioned, and
the months of June, July, August, and September, for the issuing of processes, the
filing of affidavits , petitions, declarations, pleas, answers, and other pleadings, and
granting copies thereof, and for doing and performing all other necessary acts, duties,
and things in the said offices : and the holidays in the said offices shall be New Year's
Day, Good Friday, Easter Monday, Her Majesty's Birthday, Ascension Day, Whit
Monday, the anniversary of Her Majesty's Coronation, and Christmas Day, and the
day after.
Commencement 30. And be it further enacted and ordained, that all suits and actions of a
of actions.
common law nature, shall be commenced in the said Supreme Court by summons, or
other process in the nature of a writ of summons ; and that at the time of issuing such
writ of summons the plaintiff shall lodge, with the Registrar of the Court, a short
statement, or abstract, in writing, of the cause of action , and the Registrar of the Court
shall indorse, on the back of such writ of summons, the amount of the debt or damages
Warrant to sue. sought to be recovered , together with the sum due for costs : and in every suit or action
which shall be hereafter commenced in the said Court, where the plaintiff shall complain
by attorney, the attorney of the party complaining shall, before any process issued
out to compel the appearance of any person to answer any complaint or demand , file
his warrant or authority to sue, signed by the party complaining, with the Registrar
of the said Court.
Arrest allowed in 31. Provided always, and be it further enacted and ordained, that if any person
case of debtors
being about to shall have a claim, or ground of action , of whatever nature, against any other person
leave the Colony.
who shall be about to leave the Colony, or who may reasonably be suspected of an
intention so to do, either for the purpose of avoiding process in such action, or
otherwise, and the party having such claim or ground of action as aforesaid, shall
produce to the said Chief Justice an affidavit of such his right of action, and of the
intention of such other party to leave the Colony, and shall also state in such affidavit
the grounds upon which he believes that the other party is about to leave the Colony as
aforesaid, in such case it shall be lawful for the said Chief Justice to order a writ of
capias ad respondendum, (in the form given in the schedule hereunto annexed, marked
ORDINANCE No. 15 OF 1844 . 61
Supreme Court.
(No. 1. ) ) to be issued to take and arrest the body of such other party so about to leave the
Colony ; in which said writ the amount of the debt or damages demanded , or the value
of the property sought to be recovered , shall be truly specified, and the costs and
charges of issuing the said writ shall be indorsed thereon by the Registrar of the
Court; and of which said writ the sheriff, or his lawful deputy, shall, upon any arrest
to be made by virtue thereof, give to the defendant, at his request, and at his charge,
a true copy : Provided always , that upon any such arrest the defendant shall give
to the sheriff reasonable security by bond or obligation of the said defendant, and of Bail bond.
one or more other person or persons having sufficient property within the said Colony, as
surety or sureties, that the defendant shall appear according to the exigency of the said
writ, and shall also stand to, abide, and perform the judgment of the Court thereon, or
render himself to the prison of the said Court in execution for the same, and that the
said defendant shall not from and after the date of such bond or obligation remove or
withdraw any of his property from and out of the jurisdiction of the said Court so as to
evade the judgment thereof, if the same shall be for the plaintiff (which said bond
or obligation shall, as near as may be, be in the form given in the schedule hereunto
annexed marked (No. 2.) ) ; or if the defendant shall pay to the sheriff, or his deputy, a
sufficient sum of money to cover the amount of the debt or damages mentioned in the
writ, together with the cost and charges indorsed thereon, and a further sum of five
dollars for the charges of making the arrest, or shall deliver to the said sheriff, or his
deputy, the property specified in the said writ , or the value thereof, either as a deposit ,
or security in lieu of giving a bail bond , or in satisfaction of the suit or action , then the
said sheriff shall permit the said defendant to go at large, and free of the said arrest,
as to such suit or action.
32. Provided also, and be it further enacted and ordained, that where in any Power of Court
to order a
suit or action the defendant shall have been arrested or held to bail as aforesaid, if the defendant's
discharge.
plaintiff in such suit or action shall not prosecute his claim with all reasonable
diligence and despatch , it shall be lawful for the Chief Justice of the said Court to
order the said defendant to be discharged out of custody or the bail bond to be
delivered up to be cancelled, and to make such further order in the matter as tothe said
Chief Justice shall seem fit.
33. And be it further enacted and ordained, that if upon the trial of any suit or Malicious arrest.
action in which the defendant shall have been so arrested, or held to bail, as aforesaid, it
shall appear to the Court that the arrest of the defendant was vexatious and malicious,
and without any reasonable or probable cause, and that the order for such arrest was
obtained upon a wilful misrepresentation of the facts of the case, it shall be lawful for
the Chief Justice of the said Court, in his discretion, to order and adjudge the plaintiff
in such suit or action to pay to the defendant the costs of such arrest, or holding to bail,
together with such further sum of money as to the said Chief Justice shall seem fit, as a
reasonable compensation to the said defendant for having been so arrested, or held to
bail ; and in default of payment of any sum of money so ordered to be paid as aforesaid ,
it shall be lawful for the said Chief Justice, and he is hereby authorized, to commit the
62 ORDINANCE No. 15 of 1844 .
Supreme Court.
said plaintiff to the prison of the said Court until the same shall be paid : Provided, that
in any case in which compensation shall have been awarded as aforesaid, it shall not be
lawful for the defendant to proceed against the plaintiff by action or otherwise for the
recovery of any other or further sum of money by way of damages for such arrest, or
holding to bail.
Suing out 34. And be it further enacted and ordained, that all civil process of the said
process.
Supreme Court may be sued out by any person having any demand or matter of
complaint against any other person whatsoever (excepting against the Governor, or
the Officer administering the Government of the Colony for the time being , as against
whom no such process shall be sued out without leave of the Court, upon motion,
first had and obtained ; and excepting also where any demand or complaint shall
be made by or against the Chief Justice of the said Court, in which case such demand
or complaint shall be prosecuted and made by petition to the Governor, or Officer
administering the Government of Hongkong, in his Executive Council) , and the said
process shall be dated on the day on which it is issued, and shall be made returnable
by the sheriff to the Court, through the Registrar of the said Court, immediately after
the service or execution thereof; and the said process shall be issued by the Registrar
of the Court, for which the warrant to sue shall be his authority, and the said process
shall be endorsed with the name and address of the attorney or party suing out the
same.
Writ of 35. And be it further enacted and ordained, that the common process of the said
summons to
appear in Court to compel the appearance of any person to answer any complaint or demand in
ordinary cases.
all civil suits and actions, where there can be no arrest of the defendant , shall be by
writ of summons directed to the sheriff of the Colony, (except where the said sheriff is
a party, and then to some fit and proper person nominated by the said Court , in manner
hereinbefore directed) requiring the said sheriff (or such other person) to command
the defendant, that he render to the plaintiff the sum or matter in question , or perform
that which the plaintiff claims or demands from him ; and, in default thereof, to
summon the defendant, that he appear before the said Court, within eight days after
the service of the said writ, inclusive of the day of such service, to show cause why he
hath not done so, which said writ of summons shall, as near as may be, be in one or
other of the forms, according to the nature of the suit or action, in the schedule hereunto
annexed, marked (No. 3.) .
Service of 36. And be it further enacted and ordained , that in all cases where by law there
process.
can be no arrest of the defendant, a copy of the writ of summons shall be served, either
personally on the said defendant, or by leaving the same at his dwelling house or place
of abode, or at his counting house or place of business.
No service of 37. And be it further enacted and ordained , that no service of any process, order,
civil process on
a Sunday, except notice, or proceeding, or any act done in any civil suit or action, except in case of
in case of arrest.
arrest, shall be valid or effectual if performed on a Sunday ; and all process returnable
on a Sunday, or upon a holiday, shall be returned on the following day ; and any act
ORDINANCE No. 15 OF 1844 . 63
Supreme Court .
required to be done by any party in Court, at a time which would otherwise fall on a
Sunday or holiday, shall be valid and effectual if done on the following day.
38. And be it further enacted and ordained, that the sheriff of the said Colony Return of process
to the Registrar's
shall, upon the return day of all civil process , deliver into the office of the Registrar of office.
the said Court, the said process, together with a return indorsed thereon , or annexed
thereto, of what he has done by virtue thereof ; and the plaintiff, or defendant, or their
respective attornies, may at any time have an office copy of the said process and the
return thereto, at the cost of the party applying for the same : and if the said sheriff
shall have taken from any person arrested any money, or thing, for, and to the use, and
on the behalf of the said plaintiff, or any bond, or obligation , by virtue of any writ of
capias ad respondendum, then the said sheriff shall, after the expiration of the time
allowed for the defendants, to appear, and in default of appearance, and being thereto
required by the plaintiff, or his attorney, deliver over to the said plaintiff, or his
attorney, the said money or thing, or assign to the said plaintiff such bond or obligation ,
by an indorsement to be thereon made by the said sheriff, under his hand, which
indorsement shall , as near as may be, be in the form in the schedule hereunto annexed ,
marked (No. 4.).
39. And be it further enacted and ordained, that the defendant in any suit or Appearance of
defendant to be
action, upon whom service of any civil process has been made , or who has been arrested entered in the
Registrar's office;
and given bail for his appearance to answer any complaint or demand, shall, within
eight days after such service or arrest, either by himself, or his attorney, enter an
appearance in a book to be kept for that purpose by the Registrar of the said Court :
Provided nevertheless, that any party, against whom any writ of summons, or other
process, may have been issued in respect of any claim or demand against him , may except where the
defendant
appear personally before the Court and admit the same, and the Registrar, or other intends to admit
the claim against
officer of the Court, shall thereupon take down in writing such his admission , and the him .
defendant, or some person by him duly authorized, shall sign the same, and thereupon,
the Court shall forthwith pronounce judgment.
40. And be it further enacted and ordained, that after the defendant in any suit Service of notices
&c., after the
or action has entered his appearance by attorney, service of all future summonses, defendant has
appeared by
demands, notices, and other proceedings in the said suit or action , made upon the said attorney.
attorney, and in like manner upon the attorney of the plaintiff, or left at his place of
business, shall be valid and effectual, excepting where personal service upon either party
is by any proceeding, order, or practice of the said Court specially required and pro
vided : and all such summonses, demands, notices, and other proceedings shall be served
before six o'clock at night.
41. And be it further enacted and ordained , that in all suits and actions where the Time offiling
declaration or
defendant has entered an appearance to answer any complaint or demand, the decla claim .
ration or claim of the plaintiff shall be filed in the office of the Registrar, and notice
thereof shall be given to the defendant, or his attorney within one month after such
appearance, in default whereof the plaintiff shall be barred from declaring or making
64 ORDINANCE No. 15 OF 1844.
Supreme Court.
claim ; and where the defendant does not appear to the said process, and an appearance
shall have been entered for him by the plaintiff, the declaration or claim shall be in like
Requisites of manner filed in the office of the Registrar within the time aforesaid : and such declara
declaration.
tion or claim shall correspond with the writ of summons, or other process , in every
material point, and shall state truly, and concisely, the name and description of the
party suing, and the right in which he sues ; the name of the defendant, and the right
in which he is sued ; the nature, extent, and grounds of the cause of action, complaint,
or demand, and such conclusions as, according to the form of each particular suit, or
action, the plaintiff shall by law be entitled to deduce therefrom ; and if any argumen
tative or irrelevant matter be stated in the declaration, or claim, the same being shown
to the Court shall be struck out of the declaration or claim, with or without the pay
ment of costs, as the Court shall direct.
Time ofpleading. 42. And be it further enacted and ordained , that in all cases where the defendant
has appeared he shall plead , or answer, within eight days next after the filing of the
plaintiff's declaration or claim, and notice thereof served on the said defendant or his
attorney (unless upon application to the Court, or to the Chief Justice at chambers,
further time be granted to the defendant for that purpose) : Provided due notice to
plead has been given to the defendant, and provided also, that a written demand of
plea has been served by the plaintiff or his attorney on the opposite party after the
expiration of the said eight days, and twenty-four hours have elapsed after the service
of the said demand ; in default whereof the defendant shall be barred from pleading or
answering thereto, and the plaintiff shall be at liberty to sign judgment : and in case
Requisites ofplea. the said defendant shall, within the time hereby limited , plead to the said declaration ,
he shall in his plea either admit, deny, or confess and avoid, all the material facts
alleged in the declaration or claim of the said plaintiff, and shall clearly and concisely
state and set forth the same ; and if any argumentative or irrelevant matter be stated
in the said plea, the same being shown to the Court, shall be struck out of the plea,
with or without payment of costs, as the Court shall direct.
Declaration to be 43. And be it further enacted and ordained , that in all suits and actions where
filed in
Registrar's office the defendant, having been served with a copy of the writ or process therein, has not
if defendant do
not appear. appeared within the time prescribed by the same, the declaration or claim shall be filed
by the plaintiff or his attorney in the office of the Registrar of the Court, having
endorsed thereon " Filed for default of appearance, G. H. plaintiff's attorney, No.
Street, Victoria," or " A. B. of plaintiff ; " and a copy of the said
declaration or claim shall be served upon the said defendant, or, in case he cannot be
found, shall be left at his dwelling house or place of abode, together with a notice in
writing subjoined thereto, and signed by the plaintiff or his attorney, and containing
his address, informing the defendant that the said declaration or claim has been filed
by the plaintiff on his default ; and also containing a notice that the defendant must
plead, or answer thereto, within eight days after such service ; and that in default
thereof he will be debarred from pleading or answering thereto.
ORDINANCE No. 15 OF 1844 . 65
Supreme Court.
44. And be it further enacted and ordained , that the plaintiff shall be at liberty, Within what
time plaintiff
after the filing of the plea, answer, or demurrer, of the defendant, forthwith to reply to reply.
thereto, and shall be obliged to reply or answer thereto within eight lays after the
filing and notice thereof, unless upon application to the Court or to the Chief Justice
thereof at chambers, further time be given to him for that purpose ; and in default
thereof, and after the expiration of twenty-four hours after a written demand of replica
tion has been made and served by the defendant or his attorney, the plaintiff shall be
barred from replying or answering thereto , and the defendant shall be at liberty to sign
judgment of non. pros.
45. And be it further enacted and ordained, that if the replication of the said Rejoinder :-in
what cases and
plaintiff shall contain any new matter, the defendant shall be allowed to rejoin to the within what
time.
said replication, but not otherwise, unless with leave of the Court, or Chief Justice at
chambers, for that purpose given ; and such rejoinder of the defendant shall be filed,
and notice thereof given, within eight days after the filing and notice of the replication
or answer of the plaintiff ; unless upon application to the Court, or to the Chief Justice
thereof, further time be given for that purpose ; and in default thereof, and after the
expiration of twenty-four hours after a written demand thereof, the defendant shall be
barred from rejoining thereto, and the plaintiff shall be at liberty to sign judgment.
46. And be it further enacted and ordained, that whenever it shall happen that Judgment
against the
the plaintiff, by his default, shall be barred from declaring or making claim, and that plaintiff for not
proceeding in
the cause.
the defendant, by reason of such default, shall be at liberty to sign judgment against
him for not proceeding in the said cause, such judgment shall be signed and entered in
a book kept by the Registrar for that purpose : and thereupon the said defendant shall
proceed to tax the costs of the said cause against the plaintiff.
47. And be it further enacted and ordained, that whenever either party in the Consequences of
default and how
cause shall, by his default, be barred from declaring or making claim pleading, answer remedied.
ing, replying, or rejoining, as the case may be, the pleadings therein shall be considered
as closed : Provided, however, that the party in default may, at any time before final
judgment, by order of the Chief Justice of the said Court, purge his said default, and
be admitted to declare or make claim, plead, answer, reply, or rejoin, upon an affidavit
of merits and other sufficient grounds, to the satisfaction of the said Chief Justice ,
upon such terms as the said Chief Justice shall impose.
48. And be it further enacted and ordained, that either party may, upon applica Time to declare,
or plead, &c.,
tion to the Chief Justice of the said Court at chambers , obtain time to declare, or make how obtained.
claim, plead, answer, reply, or rejoin, or an order to amend the pleadings, or schedule
thereto annexed respectively, upon sufficient cause shown to the satisfaction of the said
Chief Justice, and upon such terms as he shall impose.
49. And be it further enacted and ordained, that all pleadings, in any civil case, Pleadings to be
signed by
shall be signed by a barrister, and filed with the Registrar of the said Court, within the counsel, time of
filing pleadings.
office hours, on the day on which the same should, by any rule or practice of the said
Court, be filed, and either party in the cause may, at all reasonable times, search for
such pleadings, and ask for, and obtain copies of the same, at his own expense.
66 ORDINANCE No. 15 OF 1844.
Supreme Court .
Schedule of 50. And be it further enacted and ordained , that there shall be annexed to the
documentary
evidence to be
annexed to declaration and pleadings, in every civil cause, a schedule of all documents or papers
pleadings.
which the plaintiff and defendant respectively propose to give in evidence upon the
trial of the said cause, and inspection and copies of all such documents and papers
shall be given, if in the possession, or under the control, of either of the parties
respectively, to the opposite party, or his attorney, upon his request, and at his expense.
Setting aside 51. And be it further enacted and ordained , that where any proceeding in a cause
proceedings for
irregularity . has been irregular or improper, it shall be competent to the party complaining of the
irregularity, before taking any further step therein, to apply to the Court, in term time,
to set aside such proceeding, by a motion for a rule of Court, calling upon the opposite
party to show cause why the same should not be set aside for irregularity ; and the
Court, upon service of such rule, shall make such further order therein as shall seem fit.
Setting down 52. And be it further enacted and ordained, that where after the written plead
cases for
argument. ings in any suit or action are closed, and, the facts therein stated being admitted the
law arising therefrom only is disputed, either party may set down the case for hearing
in the paper of cases for argument, upon giving seven days notice thereof to his
opponent previous to the day for argument ; and for that purpose shall give a note
thereof to the Registrar of the Court, containing the names of the parties, their counsel,
and attornies, four days at least before the day appointed for argument, and shall at
the same time deposit with the said Registrar, for the use of the Court, a written
statement of the matters and points of law intended to be argued .
Setting down 53. And be it further enacted and ordained, that where after the written plead
causes for trial.
ings in any suit or action are closed, the facts therein stated, whether dependent upon
documentary evidence, or otherwise, as well as the law applicable thereto, or the facts
alone, are disputed, the plaintiff may forthwith set down the cause in the paper of
causes for trial ; and for that purpose shall give a note thereof to the Registrar of the
Court, containing the names of the parties, their counsel and attornies, four days at
least before the day appointed for trial : and in like manner the defendant may set
down the cause for trial , if the plaintiff shall neglect to do so within the term next after
that in which issue is joined.
Notice of trial. 54. And be it further enacted and ordained, that notice of trial shall be given by
the party setting down the cause, to his opponent, seven days previous to the day of
trial ; but where it shall be made to appear to the Court, or to the Chief Justice
thereof at chambers, upon the application of either party, that the witnesses in the said
cause, or any of them reside out of, or are absent from the said Colony, then it shall be
lawful for the said Court, or for the said Chief Justice, to grant such further time for
the trial of the said cause, as shall seem reasonable and proper.
Countermanding 55. And be it further enacted and ordained, that the party giving notice of trial
notice of trial.
may, at any time before the day of trial, countermand the said notice, upon payment of
the costs, if any, incurred by his giving such notice and countermand ; such costs to be
taxed by the Registrar.
ORDINANCE No. 15 OF 1844 . 67
Supreme Court.
56. And be it further enacted and ordained, that either party desiring the Witnesses.
Subpæna.
attendance of any person to give evidence on the trial of a cause, may, of right, without
any prior proceeding whatsoever, take out from the office of the Registrar of the Court,
one or more writs of subpoena for that purpose ; each of which said writs of subpœna
may contain the name of four persons, and service thereof upon any person therein
named, shall be made by delivering to him a copy of the said writ of subpoena, and at
the same time showing him the original, and informing him of the exigency thereof ;
and any person being so served with a copy of the said writ of subpoena, a reasonable
time before the day of trial, and his reasonable expenses having been paid, or tendered
to him , and not having any lawful impediment, shall on his default, be liable to be
attached, fined, and imprisoned , for his contempt of the process of the Court, without
prejudice to any other claim or remedy the party aggrieved by his default may, by law,
have against him on that account : and the said writ of subpoena shall, as near as may
be, be in the form in the schedule hereunto annexed , marked (No. 5. ) .
57. And be it further enacted and ordained, that if any witness shall have in his Subpoena duces
tecum.
possession or control, any deed, instrument, or writing, which the party requiring his
attendance is desirous to give in evidence, then the said writ of subpoena shall be in the
form in the schedule hereunto annexed , marked (No. 6. ) .
58. And be it further enacted and ordained, that when the testimonyof any Examination of
witnesses de
witness is in danger of being lost , before the matter to which it relates can be made the bene esse.
subject of judicial investigation , either party desiring his testimony shall apply in term
time to the Court, on motion, or in vacation, upon affidavit, to the Chief Justice at
chambers, setting forth the particular circumstances under which the same is made,
that the said witness may be forthwith examined de bene esse, or conditionally, either
before the Court , or before a commissioner to be appointed by the said Court for that
purpose, according as such witness resides near to , or at a distance from Victoria ; and
the said Court, or Chief Justice, will thereupon make such order as the justice of the
case may require.
59. And be it further enacted and ordained , that it shall and may be lawful to Allowance of
expenses and
and for the said Supreme Court, in all proceedings therein, whether of a civil or compensation to
witnesses.
criminal nature, to order and allow to all persons examined as witnesses in any such
proceedings , such sum or sums of money as to the said Court shall seem fit, as well for
defraying the reasonable expenses of such witnesses, as for affording them a reasonable
compensation for their loss of time.
60. And be it further enacted and ordained, that if any person served with a Punishment of
witnesses for
subpæna to attend the said Court as a witness in any suit or action therein , or upon the non-attendance,
and of persons
trial of any indictment or information , shall refuse or neglect to attend the said Court guilty ofa
contempt of
Court.
pursuant to such subpæna , or if any person shall be guilty of any contempt before the
said Court, it shall be lawful for the said Court to punish any such person in a summary
way, by fine not exceeding one hundred dollars, or by imprisonment for any time not
exceeding two calendar months : Provided, that nothing herein contained shall effect
AAJJ
.
68 ORDINANCE No. 15 OF 1844.
Supreme Court.
or abridge the right of any plaintiff or defendant to proceed against any party for not
appearing pursuant to his subpoena, for the recovery of any special damage such
plaintiff or defendant may have sustained by reason of the disobedience of any such
party.
Perjury. 61. And be it further enacted and ordained, that if in any suit or action, or in
any proceeding connected therewith, it shall appear to the Chief Justice of the said
Supreme Court, that any person examined as a witness upon oath , or, if a quaker, on
affirmation , has committed wilful and corrupt perjury, or that any person in swearing
or affirming, in any affidavit or affirmation required to be made before the said Chief
Justice, has been guilty of the like offence, then, and in each and every such case, it
shall and may be lawful for the said Chief Justice to direct a prosecution for perjury
to be forthwith instituted against any such person so falsely swearing or affirming as
aforesaid, in order that he or she may be punished according to law ; or, where such
perjury is committed by any person examined as a witness in open Court, it shall be
lawful for the said Chief Justice, instead of directing such prosecution to be instituted
as aforesaid, either to commit such witness, as for a contempt of the Court, to the prison
of the said Court, for any time not exceeding two calendar months, or to fine such
witness in any sum not exceeding one hundred dollars : Provided, that where any
person examined as a witness, or making any statement in the nature of an affidavit,
shall be of Chinese origin or extraction, the powers hereinbefore given shall be in full
force and operation, although no oath shall have been administered to such witness or
person making such statement as aforesaid, or, if administered , notwithstanding any
irregularity or want of form in the administration thereof.
Court may order 62. And be it further enacted and ordained , that it shall be lawful for the said
money to be paid
by instalments. Supreme Court to order and adjudge any sum of money recovered therein, in any
action or suit whatsoever, to be paid at such time, or intervals of time, and in such
portions, or instalments, as the circumstances of the case may render just and expedient :
Provided, that the time within which any such sum of money shall be made payable,
whether by instalments or otherwise, shall in no case, except with the consent of the
plaintiff, exceed six months from the time of making such order and adjudication as
aforesaid : Provided also, that where the money so recovered shall be ordered to be
paid by instalments, if the defendant shall make default in payment of any of such
instalments, the whole of the instalments then remaining unpaid shall become due, and
the plaintiff shall be at liberty to proceed for the recovery thereof, together with all
costs, in the same manner as if no such order as aforesaid had been made.
Execution of 63. And be it further enacted and ordained , that the party in whose favour any
judgments, &c.
final judgment, decree, or sentence of the said Court, in any civil suit or action , has
been pronounced or given, where, by law, or by this Ordinance, there can be no appeal
to Her Majesty in Council, or where, there being such right of appeal, no petition for
leave to appeal is lodged within the time appointed for so doing, may, at his own risk,
and without any leave for that purpose, sue out of the office of the Registrar of the said
ORDINANCE No. 15 OF 1844 . 69
Supreme Court.
Court one or more writs, or processes for the execution thereof : Provided that no such
writ or process shall issue against the immovable property of any person, to raise any
sum of money, debt, or damages, by the sale thereof, (except where by sentence of the
Court such immovable property may be declared to be specially liable to sale, ) until any
writ or process, which may have been issued against his movable property, shall be first
returned , and the Court shall perceive thereby that the said person has not sufficient
movable property to satisfy the exigency of the said writ or process ; or, if no such writ
or process shall have been issued, then until upon motion to the said Court for that
purpose made it shall appear to the satisfaction of the said Court, that the person, against
whose immovable property such writ or process is desired, has no movable property
which can be taken in execution of the sentence of the said Court, or not sufficient to
satisfy the same : and no writ or process of execution shall issue for the levying and
raising of any costs awarded by the said Court to any party, until the same shall have
been taxed by the Registrar of the said Court ; and, for that purpose, the plaintiff or
defendant, or attorney of the party obtaining any appointment for taxation from the
Registrar, shall give due notice to the opposite party of such appointment, in order that
he may be present thereat : and the Registrar shall, in his taxation and allowances ,
pursue such instructions as shall from time to time be given to him by the Court for that
purpose ; and either party, feeling aggrieved by his decision, may apply to the Court, on
motion, specifying the items, charges, or allowances objected to, that the said Registrar
may review his taxation.
64. And be it further enacted and ordained, that the judgments, decrees , and Judgments, &c.
may be executed
orders of the said Chief Justice, shall be carried into execution in any district, or place, anywhere within
the Colony.
whatsoever within the said Colony and its dependencies, where the defendant, his goods
or chattels, may be found or be met with.
65. Provided always, and be it further enacted and ordained, that no writ of Levy on
defendant's
execution against the goods, chattels, and effects of the defendant, shall be executed goods to be made
between sunrise
and sunset.
at any time after sunset, nor before sunrise, and if any officer or person shall execute
any such writ after sunset, or before sunrise, such officer or other person shall be
subject and liable to a fine of not exceeding fifty dollars, which shall be set by the
Chief Justice of the said Court, and enforced by distress and sale of the offender's goods .
66. And be it further enacted and ordained, that all motions, or special applica Motions.
tions to the Court, shall be supported by affidavits of the facts or circumstances upon
which the same are made, which affidavits shall be sworn before the Chief Justice, or a
Commissioner of the said Court.
67. And be it further enacted and ordained , that all memorials, petitions, and Memorials, &c. to
be brought
special applications to the Court, shall be brought before the Court by motion, in before the Court
by motion.
manner appointed for motions by the sixty-sixth section of this Ordinance ; and all such
memorials, petitions, or applications , shall be delivered to the Registrar, at his office, the
day before the same are moved in Court , and the Registrar shall make a roll thereof, and
call on the same in order ; and no such memorials, petitions, or applications shall be sent
to the Chief Justice of the said Court.
70 ORDINANCE No. 15 OF 1844 .
Supreme Court.
Writ of error. 68. And be it further enacted and ordained , that the Governor, in his Executive
Council, shall constitute and be a Court of Error and Appeal, to whom it shall be lawful
for any party to appeal by writ of error, or petition, from any decision , decree, or
order of the said Supreme Court, in all matters of law and equity, where the matter
in dispute shall amount to the sum of one thousand five hundred dollars, but not
otherwise : Provided , that no such writ of error, or petition , shall be allowed after the
expiration of fourteen days next after the decision, decree, or order of the said Supreme
Court shall have been pronounced.
Appeal. 69. And be it enacted and ordained , that any person or persons may appeal
to Her Majesty, Her Heirs and Successors, in Council, from any judgment, decree ,
order, or sentence of the said Supreme Court, or of the said Court of Error, in such
manner, within such time, and under and subject to such rules , regulations, and
limitations, as are hereinafter mentioned , that is to say, in case any judgment, decree,
order, or sentence, shall be given or pronounced for, or in respect of, any sum or matter
at issue above the amount or value of five thousand lawful current dollars of Hongkong;
or in case such judgment, decree, order, or sentence, shall involve directly or indirectly,
any claim, demand , or question to, or respecting property, or any civil right amounting
to , or of the value of five thousand such dollars as aforesaid, (save and except where the
matter in dispute shall relate to the taking or demanding of any duty payable to Her
Majesty, or to any fee of office, or to any other matter or thing in which the Crown has
an interest, or where rights in future may be bound, or to any general right or duty, in
any of which cases an appeal shall lie, notwithstanding the value of the matter or thing
in dispute shall not amount to five thousand dollars ,) the person or persons feeling ag
grieved by any such judgment, decree, order, or sentence, may, within one calendar month
next after the same shall have been pronounced, made, or given , apply to the said Court,
by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and Successors , in
Council ; and in case such leave to appeal shall be prayed by the party or parties, who is
or are directed to pay any such sum of money , or perform any duty, the said Court shall,
and is bereby empowered , either to direct that the judgment, decree, order, or sentence
appealed from , shall be carried into execution, or that the execution thereof shall be
suspended , pending the said appeal, as to the said Court may appear to be most consistent
with real and substantial justice : and in case the said Court shall direct such judgment,
decree, order, or sentence, to be carried into execution, the person or persons in whose
favor the same shall be given , shall , before the execution thereof, enter into good and
sufficient security, to be approved by the said Court, for the due performance of such
judgment, or order, as Her Majesty, Her Heirs and Successors, shall think fit to make
thereupon : or in case the said Court shall direct the execution of any such judgment,
decree, order, or sentence, to be suspended pending the appeal, the person or persons ,
against whom the same shall have been given , shall in like manner, and before any order
for the suspension of any such execution is made, enter into good and sufficient security
to the said Court for the due performance of such judgment, or order as Her Majesty ,
Her Heirs and Successors, shall think fit to make thereupon : and in all cases it is
ORDINANCE No. 15 OF 1844 . 71
Supreme Court.
required that security shall also be given by the party or parties appellant, to the satis
faction of the said Court, for the prosecution of the appeal and for the payment of all
such costs as may be awarded by Her Majesty, Her Heirs and Successors, to the party
respondent : and if such last mentioned security shall be entered into within one month
from the date of such petition for leave to appeal, then, and not otherwise, the said
Court shall allow the appeal, and the party or parties appellant shall be at liberty to
prefer and prosecute his, her, or their appeal to Her Majesty, Her Heirs or Successors
in Council, in such manner and under such rules as are observed in appeals made to
Her Majesty from her plantations or colonies. Provided always, that nothing herein
contained shall be construed to affect or abridge in any way the right of any person or
persons to present his, her, or their petition or appeal, against any judgment, or determi
nation of the said Court, to Her Majesty, Her Heirs and Successors, in Council .
70. And be it further enacted and ordained , that in all cases of appeal allowed by Copies of
proceedings to
the said Court, or by Her Majesty, Her Heirs and Successors , the said Court shall certify be forwarded to
England.
and transmit to Her Majesty, Her Heirs and Successors in Council, a true and exact
copy of all evidence, proceedings , judgments , decrees, and orders, had or made in such
cases appealed against, as far as the same have relation to the matters of appeal : such
copies to be certified under the seal of the said Court.
71. And be it further enacted and ordained , that the said Court shall in all cases Court to execute
judgment in
of appeal to Her Majesty, Her Heirs or Successors, conform to and execute, or cause to appeal.
be executed, such judgments and orders as Her said Majesty, Her Heirs and Successors
shall think fit to make in the premises, in such manner as any original judgment
decree, or decretal order, or other order or rule of the said Supreme Court of Hongkong,
should or might have been executed .
72. And Whereas , owing to the smallness of the population at present existing in Trial by jury.
the Colony of Hongkong, very great hardship and inconvenience would be entailed
upon such of the inhabitants thereof as are fit and qualified to act as jurors, by
requiring, according to the law and custom of England , the full number of twelve per
sons to constitute a jury upon the trial of civil and criminal proceedings ; Be it
therefore further enacted and ordained , that all questions of fact, whether of a civil Number of
jurors.
or criminal nature, upon which issue shall be taken in the course of any proceeding
before the said Supreme Court, and all questions of idiotcy , lunacy, or unsoundness
of mind, shall be decided by the verdict of a jury of six men.
73. And be it further enacted and ordained , that every male person between the Who qualified
and liable to
ages of twenty- one years and sixty years, being of sound mind, and not afflicted with serve as common
jurors.
deafness, blindness, or other infirmity, who shall hold property in lands, houses, build
ings, or tenements, of the monthly value of twenty- five dollars or upwards, either in his
own right, or as tenant to any other person, or who shall be in the receipt of an annual
salary or income of not less than one thousand dollars per annum, within the said Colony
of Hongkong, and who shall reside within the same, shall be qualified and liable to serve
as a common juror therein : Provided, that no person holding any office or situation of
72 ORDINANCE No. 15 OF 1844 .
Supreme Court .
emolument under the Government of Hongkong, nor any barrister, physician, attorney,
or surgeon actually practising as such within the said Colony, nor any clergyman,
or dissenting minister, nor any officer employed in the military or naval service of
Her Majesty, or the East India Company , shall be, or be deemed liable to serve as a
juror in any case.
Special jury. 74. And be it further enacted and ordained, that if either the plaintiff or the
defendant in any suit or action, or the prosecutor or defendant in any indictment, or
information , other than for treason , or felony, shall be desirous of having such suit or
action, indictment or information, tried by a special jury, (such special jury to consist
of six men qualified as hereinafter mentioned) it shall be lawful for the Court, upon
motion for that purpose, to order and appoint a special jury to be struck before the
Registrar, or other officer of the Court, for the trial of any issue joined in any of
the said cases, and triable by a jury, in such manner as is usual in England , or as the
Court shall direct : Provided that the party applying for such special jury, and who
shall have obtained a rule or order of the Court for that purpose, shall on entering
the cause for trial, deposit with the Registrar, or other officer of the Court, a sum
sufficient to cover the expenses of the special jury, otherwise the said rule or order of
the Court to be of no effect.
Qualification of 75. And be it further enacted and ordained , that every male person between the
special Jurors.
ages of twenty-one years and sixty years, being of sound mind, and not afflicted with
deafness, blindness, or other infirmity who shall be an esquire or person of higher
degree, or who shall carry on the trade or business of a banker or merchant within the
said Colony of Hongkong, and who shall reside within the same, shall be qualified and
liable to serve as a special jury therein : Provided , that no person who is hereinbefore
exempted from serving as a common juror shall be liable to serve on any special jury.
Sheriff to make 76. And be it further enacted and ordained , that from and immediately after the
out jury lists and
transmit same
to Registrar. publication of this Ordinance, the sheriff of the said Colony of Hongkong shall make or
cause to be made out, two separate and distinct lists, in alphabetical order, of all men
who shall be qualified and liable to serve as common or special jurors as aforesaid,
setting forth the christian and sirnames of each at full length, together with his place
of abode, and shall sign and transmit copies of such lists to the Registrar of the said
Supreme Court, which lists when so transmitted shall be called respectively the
"Common Jurors List," and the " Special Jurors List," and shall be in use until the
1st day of March, 1845.
Penalty on 77. And be it further enacted and ordained, that if any sheriff, or other minister,
sheriff for
neglect of duty. or officer, shall wilfully insert, or omit, in the lists of jurors the name of any man which
ought not to be so inserted, or omitted, according to the lists of jurors so to be made
out as aforesaid, or shall fail to sign and transmit correct copies of such lists to the
said Registrar as hereinbefore directed, or shall otherwise fail well and truly to do and
perform all and every the acts, matters, and things, hereby required to be by him
performed, such sheriff, or other minister, or officer , shall be fined at the discretion of
the said Court.
ORDINANCE No. 15 OF 1844 . 73
Supreme Court .
78. And be it further enacted and ordained, that on or before the first day of Jury lists to be
in use for one
January which will be in the year of Our Lord one thousand eight hundred and forty year.
five, and on or before the first day of January in each and every subsequent year, the
said sheriff shall make out, and transmit two fresh jury lists, in manner and form as
hereinbefore directed ; and all such fresh jury lists, when so transmitted , shall be
brought into use the first day of March then next following, and shall continue to be
used for one year then next ensuing.
79. And be it further enacted and ordained, that whenever it shall be requisite to Order of
summoning
summon a jury, the sheriff shall summon the persons whose names shall appear on the juries.
jury list in the order in which they shall be placed ; and, at the commencement of
every year, he shall begin with the names in the new list next after the names of
the persons who were last summoned in the preceding year.
80. And be it further enacted and ordained, that the sheriff shall, before the Summons.
sitting of any Court whereat a jury shall be necessary, issue summonses according to
the form in the schedule hereunto annexed, marked (No. 7. ) requiring the attendance
thereat of eighteen good and lawful men qualified and liable to serve as aforesaid, and
not being of affinity or kin to either of the parties to the suit or prosecution ; and
that every such summons shall be personally served upon, or left at the usual place of
abode of, the person summoned , two clear days before the day appointed for the sitting
of the Court.
81. And be it further enacted and ordained, that the sheriff shall also, at the Panel.
same time, cause to be delivered to the Registrar, or clerk (as the case may be) , of the
said Court, a panel containing the names, places of abode , and additions, of the persons
so summoned.
82. And be it further enacted and ordained, that if any juror having been duly Penalty for
non-attendance.
served with such summons, shall fail to attend, or being present shall not appear when
called , or after appearance shall withdraw himself without the permission of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or affidavit) set
upon the person so making default such fine not exceeding, in the case of a common
juror, the sum of one hundred dollars, and in the case of a special juror, not exceeding
the sum of two hundred dollars, as to the said Court shall seem meet.
83. And be it further enacted and ordained , that at the sitting of the Court the Juryto be
balloted for.
names of all the jurors summoned shall be written on separate pieces of card or paper
of equal size and put into a box, and the Registrar or clerk of the said Court shall, in
open Court, draw therefrom until six jurors appear, who, after all just causes of chal
lenge allowed , shall remain as fair and indifferent, and the same shall be done whenever
it shall be necessary to form a new jury.
84. And be it further enacted and ordained, that no person who shall be put No challenge
except for cause,
upon his trial either for treason, felony, or misdemeanor, shall be allowed to challenge
any of the jurors except for cause.
74 ORDINANCE No. 15 OF 1844.
Supreme Court.
Talesmen. 85. And be it further enacted and ordained , that whenever there shall be a
deficiency of jurors, it shall be lawful for the Court to put upon the jury so many good
and lawful men of the bystanders, as shall be sufficient to make up the full number
thereof.
As to jury for 86. And be it further enacted and ordained , that the names of the persons sworn
new cases.
as jurors, in manner aforesaid , shall be marked on the list ; and those names so drawn
shall be kept apart by themselves until such jury shall have given in their verdict,
and the same shall be recorded, or until such jury shall, by order of the Court, be
discharged ; and then the said names shall be returned to the box, there to be kept with
the other names remaining at that time undrawn ; and so often and so long as any case
remains to be tried : Provided always, that if any case shall be brought on to be tried
in the said Court, before the jury in any other case shall have brought in their verdict,
it shall be lawful for the said Court to order another jury to be drawn from the residue
of the said papers, for the trial of the case which shall be so brought on to be tried :
Provided also, that where no objection shall be made on behalf of the plaintiff, or
prosecutor, or on behalf of the defendant, or prisoner, it shall be lawful for the Court
to try any case with the same jury that shall have previously tried, or been drawn to try,
any other case, without their names being returned to the box and redrawn, or to order
the name or names of any person or persons on such jury, whom both parties may
consent to withdraw, or who may be justly challenged or excused by the Court, to be
set aside, and another name or other names to be drawn from the box, ard to try the
case with the residue of such original jury, and with such person or persons whose
name or names shall be so drawn , and who shall appear and be approved as indifferent ;
and so as often and as long as any case remains to be tried .
Howjury when 87. And be it further enacted and ordained, that after the jury in any case shall
sworn or charged
with any have been sworn, or charged with any prisoner, they shall be kept in some convenient
prisoner, to be
kept. place in Court apart by themselves , until the Chief Justice of the said Court Las
B
summed up the evidence, and has left the case with the said jury ; and if any suca
jury shall desire to withdraw for the purpose of considering their verdict, then they
shall be kept by an officer of the Court in some convenient place apart by themselves
until they are agreed upon their verdict, or be discharged therefrom by the Court ; and
the said officer shall be sworn that he will suffer none to have access to them, or speak
to them, and that he will not speak to them himself, except to ask whether they are
agreed upon their verdict, or to communicate between them and the Court.
How jury to be 88. And be it further enacted and ordained, that whenever it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said Court during the trial of any
adjourn the
Court.
case, it shall be competent to the Court to direct the said jury to be removed to some
convenient place in the neighbourhood of the Court during the said adjournment, under
the charge of a proper officer of the Court.
In case of death 89. And be it further enacted and ordained, that whenever it shall sufficiently
or disability of
juror, jury may appear to the Court, before whom any action, indictment, or information , is to be tried,
be discharged.
that the said jury, by reason of the death or bodily infirmity of any of them, shall be
ORDINANCE No. 15 OF 1844 . 75
Supreme Court.
disabled from returning a verdict, then the said Court shall discharge such jury, and shall
cause a new jury to be impannelled, sworn, and charged with any prisoner ; and the said
action, indictment, or information shall be tried as if such first jury had not been
impannelled.
90. And be it further enacted and ordained , that whenever the jury in any case In case jury
cannot agree
has withdrawn, and been kept apart for the purpose of considering their verdict, and upon verdict.
shall not have returned the same before all the other cases for trial at the same sittings
or sessions shall have been disposed of, and when it shall sufficiently appear to the
Court that the said jury cannot agree upon a verdict, the Court shall discharge such
jury, and shall cause a new jury to be impannelled, and sworn , and charged with any
prisoner, and the action , indictment, or information , shall be tried as if such first jury
had not been impannelled .
91. And be it further enacted and ordained , that the verdict of the jury shall in Verdict.
all cases be given by the foreman , in open Court, and in the presence of all the said
jury, and, if a criminal proceeding , in the presence of the prisoner, and shall be there
upon recorded by the Registrar of the said Court ; and the said Registrar shall before
taking the said verdict ask if they are all agreed thereon , and whether they find for the
plaintiff, or for the defendant, and in the case of a prisoner whether they find such
prisoner " Guilty" or " Not Guilty ;" and the said jury shall either pronounce a general
verdict for the plaintiff, or defendant, or of " Guilty " or " Not Guilty," or else, shall
return a special verdict finding the facts of the case : Provided always, that the said jury
may acquit any prisoner of a part of the charge against him, and find him guilty of the
remainder.
92. And be it further enacted and ordained, that for the purpose of bringing a Indictment or
information .
criminal case under the cognizance of the said Court, an indictment or information,
duly signed by the Attorney General, or, in his absence, by the Colonial Secretary , shall
be as valid and effectual in all respects as if the same had been presented by a grand
jury.
93. And be it further enacted and ordained, that the process of the said Court Process for
summoning
for summoning the defendant to answer any indictment or information , and for the defendant on
indictment, or
information .
service of a copy of the indictment or information, on any defendant therein named ,
shall be by writ sued out by the Registrar of the said Court, or when the prosecution
is at the instance of a private party, by the prosecutor or his attorney, and the same
shall be directed to the sheriff of the said Colony in the form , or as near as may be, in
the schedule hereunto annexed , marked (No. 8.) .
94. And be it further enacted and ordained, that the said Registrar or his deputy Notice of trial
on indictment
in Crown cases, or the prosecutor or his attorney shall indorse on , or annex to, every or information.
indictment or information, and every copy of any indictment or information, delivered
to the sheriff for service thereof, a notice of trial ; which notice shall specify the Court
before which, and the particular session and time when , he will bring the defendant to
trial on the said indictment or information ; and which shall be as near as may be in
the form in the schedule hereunto annexed , marked (No. 9.) .
76 ORDINANCE No. 15 OF 1844.
Supreme Court.
Prosecutor to 95. And be it further enacted and ordained, that the said Registrar, or his deputy
deliver to
sheriff process, or the prosecutor or his attorney shall deliver, or cause to be delivered to the sheriff,
copy of
indictment or
information and [together with the process of the Court for summoning the defendant] the copy of the
notice of trial.
indictment or information , with notice of trial indorsed on the same, or annexed thereto ;
and, if there are more defendants than one, then as many copies and notices as there
are defendants ; and, if the prosecution be at the instance of any private party, the
prosecutor shall also , at the same time, pay to the said sheriff his lawful costs and
charges for serving the same.
Time and mode 96. And be it further enacted and ordained, that the sheriff shall, as soon as may
of summoning
defendant on
indictment or be, after having received a copy or copies of the indictment or information, and notice
information .
or notices of trial, and the process of the Court for serving the same, and, ten days at
least before the day therein specified for trial of the said defendant or defendants , by
himself, or his deputy, or other officer, deliver to the said defendant or defendants, the
said copy or copies, and notice or notices, and explain to him, her, or them, the nature
and exigency thereof ; and when the said defendant or defendants, or any, or either of
them, cannot be found, he shall leave a copy or copies of the said indictment or
information, and notice or notices of trial, with some one of his, her, or their household
for him, her, or them, at his, her, or their dwelling -house or with some one of his, her,
or their clerks, for him, her, or them, at his, her, or their counting house, or place of
business, and, if none such can be found, shall affix the said copy or copies, and notice
or notices, to the outer, or principal door of the said dwelling-house or houses .
Return of service 97. And be it further enacted and ordained, that the officer serving the copy or
of copy of
indictment, &c. copies of the said indictment or information , and notice or notices, shall forthwith
transmit to the Registrar of the Court, a copy of the return of the mode of service
of the said indictment or information indorsed on the writ or process for serving the
same.
Proceedings on 98. And be it further enacted and ordained, that when it shall appear by the
non-appearance
of defendant indorsement made on the writ or process by the officer executing the same, that the
thereon.
copy or copies of the indictment or information , and notice or notices of trial have been
duly served in manner hereinbefore provided, and the defendant or defendants, on
being thrice called on the day appointed for the said trial does, or do not appear, it shall
be competent for the prosecutor to move the Court, if the defendant or defendants have
been admitted to bail, that he, she, or they, and his, her, or their sureties may be
called upon their recognizance or recognizances , and in default of his , her, or their
appearance that the same may be estreated ; and it shall also be competent for the
prosecutor to apply to the Chief Justice of the said Court for his warrant for the
apprehension of the said defendant or defendants.
Proceedings on 99. And be it further enacted and ordained , that, if the prosecutor or his attorney,
non-appearance
of prosecutor having given notice of trial, shall not appear in Court to prosecute or prefer the said
after notice of
trial. indictment or information, before the close of the session of that Court, before which
he gave notice for trial, it shall be competent for the defendant or defendants to move
the Court to discharge him, her, or them, therefrom ; and when the said defendant or
ORDINANCE No. 15 OF 1844. 77
Supreme Court.
defendants, or any other person on his, her, or their behalf, has, or have been bound by
recognizance for the appearance of the said defendant or defendants so to take his ,
her, or their trial, then that the said recognizance may be discharged ; and, where the
indictment or information is at the instance of a private party, it shall also be competent
to the defendant or defendants to move the Court that the said private prosecutor or
prosecutrix and his, or her sureties shall be called on their recognizance, and, in default
of his, or her appearance, that the same may be estreated.
100. And be it further enacted and ordained, that the subpoena, or process of Process for
procuring
the Court, for procuring the attendance of any person before the said Court to give attendance of
witnesses on
criminal cases.
evidence in any criminal case, shall be sued out of the Registrar's office by the Registrar
thereof, or, where the prosecution is at the instance of a private party, by the prosecutor
or his attorney , or by the defendant or defendants, or his, her, or their, attorney ; and
the same shall be delivered to the sheriff, at his office, for execution thereof, together
with so many copies of the subpoena as there are persons to be served therewith .
101. And be it further enacted and ordained , that the names of four witnesses How many
witnesses in one
may be inserted in one subpana, and they shall be described therein with such certainty subpæna.
that the summoning officer may be able readily to find them : and the form of the said
subpoena shall, as near as may be, be according to the like form established in the said
Court in and for civil cases .
102. And be it further enacted and ordained, that when the prosecution is at the Private
prosecutor to
instance of a private person, he, or she, or some one on his behalf, shall, at the time of pay sheriff's
costs together
with expenses.
delivering the said subpoena, and copies thereof, also pay to the said sheriff his lawful
costs and charges for executing the same, together with such further sum or sums of
money as the said private party intends the said sheriff to give or tender to the said
witnesses respectively for their travelling expenses.
103. And be it further enacted and ordained , that service of any subpoena upon Service of
subpana .
any person therein named to give evidence, shall be made by delivering to him, or her,
or by leaving with some one of his , or her household for him, or her, at his, or her
dwelling-house, or with some one of his or her clerks at his or her counting house or
place of business , when he, or she, cannot be found, a copy of the said subpana, and the
summoning officer, shall, at the same time, show him, or her, or the person with whom
such copy is left, the original, and shall inform him, or her, of the exigency thereof ;
and the said officer shall in all cases indorse on, or annex to, the original, a return of
the manner of his execution thereof, and shall transmit the same to the Registrar of the
Court.
104. And be it further enacted and ordained, that the prisoner or prisoners to Pleading to
indictment or
be tried on any indictment or information , shall be placed at the bar unfettered , unless information.
the Court shall see cause otherwise to order ; and the indictment or information shall
be read over to him, her, or them, by the Registrar, or other officer of the Court, and
explained, if need be, by that officer, or the interpreter of the Court ; and such prisoner
or prisoners, shall be required to plead instantly thereto ; unless where the prisoner or
78 ORDINANCE No. 15 OF 1844.
Supreme Court.
prisoners is, or are entitled to service of a copy of the indictment or information , he,
she, or they, shall object to the want of such service, and the Court shall find that he,
she, or they, has or have not been duly served therewith.
Refusal to plead. 105. And be it further enacted and ordained, that if any prisoner, being arraigned
upon, or charged with any indictment or information , will not answer to the indictment
or information, the Court shall, if it shall so think fit, order the Registrar to enter a
plea of " not guilty " on behalf of such prisoner, and the plea so entered shall have the
same force and effect as if such prisoner had actually pleaded the same ; or else the
Court shall thereupon cause a jury to be impannelled to try whether the prisoner be
of sound or unsound mind ; and if he, or she, shall be found to be of unsound mind ,
the Court shall make such order touching the safe custody of the said prisoner as to
the Court shall seem just and proper ; and if he, or she, shall be found of sound mind
the Court shall proceed with the trial of the said prisoner.
Noting plea. 106. And be it further enacted and ordained, that the Registrar, or other officer
of the Court, shall note the plea of the said prisoner upon the indictment, or annex
the same thereto.
Effect of plea 107. And be it further enacted and ordained, that the prisoner upon the general
of " not guilty, "
or of special plea. plea of " not guilty," shall, without any further form, be deemed to have put himself,
or herself, upon the jury for trial ; but when he, or she, shall plead any special plea,
the prosecutor shall forthwith verbally reply to the same, unless further time be
granted to him, or her, by the Court, for that purpose, and the Registrar or the officer
of the Court shall note such replication upon the indictment, or information, or annex
the same thereto, and the Court shall forthwith dispose thereof, or such further
proceedings shall be had thereon as to the said Court may seem meet.
Amendment of 108. And be it further enacted and ordained , that before the jury are charged
indictment or
information.
with the trial of any prisoner, or during the progress of any such trial, it shall be
lawful for the Court to amend the indictment or information in any matter of form
not calculated to prejudice or mislead the prisoner, in his or her defence .
When the jury 109. And be it further enacted and ordained, that as soon as the prisoner shall
shall be charged
with prisoner. have put himself, or herself, upon the jury for trial, and the Court shall order a jury
for the trial of such prisoner accordingly, or for the trial of any special issue arising
upon the record, the said jury shall be thereupon called, sworn , and charged, in manner
provided for that purpose.
Judgment not to 110. And be it further enacted and ordained, that no judgment upon any indict
be reversed,
except upon ment, or information, whether after verdict of the jury, or upon confession of the
objections
arising upon
record, prisoner, or otherwise, shall be stayed or reversed, except upon objections arising upon
the said indictment or information, as on record, and whereby the proceedings thereon
are rendered erroneous or defective.
Judgment not to 111. And be it further enacted and ordained, that no such judgment shall be
be reversed for
want of
averments stayed or reversed for want of the averment of any matter unnecessary to be proved ;
of immaterial
matter, & c. nor because any person or persons mentioned in the indictment or information , is, or
are, designated by name of office or other descriptive appellation, instead of his or their
ORDINANCE No. 15 OF 1844 . 79
Supreme Court.
proper name or names ; nor for omitting to state, or erroneously stating , the time or
place at which the offence was committed , in any case in which time or place is not of
the essence of the offence, provided that the Court shall appear by the indictment or
information to have had jurisdiction in the case ; nor on the ground of any objection
to the form or relevancy of the indictment or information which, if stated before the
jury were impannelled , or during the process of the trial, might have been amended by
the Court ; nor because of any error committed in summoning the jury, or any of
them ; nor because any person who has served upon the jury has not been returned by
the sheriff ; nor because of any objection which might have been stated as a ground of
challenge of any of the jurors, except the objection of minority.
112. And be it further enacted and ordained, that in all matters and proceedings Fees.
in the said Supreme Court there shall be taken and allowed such fees as the Court shall
from time to time order and direct ; and that the fees specified in the schedule hereunto
annexed, marked (No. 10.) shall be the lawful fees to be taken and allowed in the said
Court (other than in proceedings under the summary jurisdiction thereof as hereinafter
provided) , unless and until the Court shall otherwise order and direct. And all fees
received by the Registrar, as well as those received by the inferior officers of the Court,
shall be accounted for quarterly by them respectively to the Colonial Treasurer.
113. And be it further enacted and ordained , that the said Court shall have full Summary
jurisdiction of
power and authority to hear and determine in a summary way, and without the inter Court.
vention of a jury, all disputes and differences between party and party, touching any
matter of debt, breach of covenant or promise, injury to the person or property, or
other matter, where the debt or damages sought to be recovered shall not exceed the
sum of one hundred dollars , except the matter in question shall relate to the title of
any lands, tenements, or hereditaments, or to the taking of any duty payable to Her
Majesty, or to any fee of office, or other matter, where rights in future might be bound,
or to any general right or duty ; Provided , that no party shall be precluded or exempted
from suing or being sued under the aforesaid summary jurisdiction by reason of his or
her not having attained the full age of twenty- one years , or by reason of coverture
where the husband shall not be resident within the said Colony of Hongkong.
114. And be it further enacted and ordained , that no cause of action or complaint No cause of
action to be split,
which shall exist at any one time and shall amount in the whole to a sum exceeding the but the Court
may decide
sum of one hundred dollars as aforesaid shall be split or divided, so as to be made the thereon if
plaintiff be
satisfied to
ground of two or more different actions or complaints, in order to bring such cases receive the sum
awarded in full
within the summary jurisdiction created by this Ordinance ; but if the Chief Justice of of all demands.
the said Court shall find that the plaintiff in any case shall have split his cause of
action or complaint as aforesaid he shall dismiss the said action or complaint with the
ordinary costs of a dismissal, without prejudice however to the plaintiff's right to sue
upon such cause of action or complaint in such other manner as he lawfully may : Pro
vided, that if such plaintiff shall be satisfied to recover such sum as, according to this
Ordinance, the summary jurisdiction of the said Court is made to extend to, in full of
the whole of such his demand , then the said Chief Justice shall and may, if such plaintiff
80 ORDINANCE No. 15 OF 1844.
Supreme Court.
shall satisfactorily prove his case, make and pronounce an order or decree for such
plaintiff for such sum as shall in such case be demanded by the process, so as such sum
does not exceed the summary jurisdiction created by this Ordinance : and the same
shall be expressed in such order or decree to be, and shall be , in full discharge of the
whole of such demand, and shall be a full and complete bar to any other action or
complaint, which may be brought or made thereon in the same or any Court whatever.
No summary
jurisdiction in 115. And be it further enacted and ordained, that nothing herein contained
certain cases.
relating to the summary jurisdiction aforesaid shall extend to any debt being the
disputed balance of an unsettled account orginally exceeding one hundred dollars, nor
to any debt, or supposed debt, for any money or thing won , or alleged to have been
won, at or by means of any horse-race, cock-match, wager, or any kind of chance,
gaming, or play, or to any debt for which there has not been a contract, acknowledg
ment, undertaking, or promise to pay, whithin three years before the taking out of the
summons.
Power to 116. And for the better discovery of the truth, and the more speedily obtaining
examine
plaintiff's the end of such actions or complaints, be it further enacted and ordained , that it shall
and defendants
on oath and to
award costs, &c. and may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs ,
defendant or defendants, vivá voce on their several corporal oaths ; and that it shall be
lawful for the said Chief Justice to award costs in all actions or complaints, heard and
determined under the aforesaid summary jurisdiction, and to allow to the plaintiff or
defendant, and to his, her, or their witnesses such reasonable sum or sums of money
for his, her, or their attendance and loss of time as he the said Chief Justice shall think
fit.
Proceedings, 117. And be it further enacted and ordained , that the several proceedings, orders ,
orders &c. to be
in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in
prescribed in
schedule.
pursuance of the aforesaid summary jurisdiction , shall be in the form prescribed in the
schedule hereunto annexed, marked (No. 11. ) or as near thereto as circumstances will
admit.
Court may 118. And be it further enacted and ordained , that it shall be lawful for the said
dismiss action or
complaint with Chief Justice, and he is hereby authorized and empowered, to dismiss any such action
costs, &c.
or complaint before him with costs, and either on the merits, or without prejudice to
further or other proceedings, as he shall think fit.
Consequences of 119. And be it further enacted and ordained, that if any action or suit shall be
not proceeding
under summary
jurisdiction. commenced in the Supreme Court of Hongkong for any debt, or damages, other than
hereinbefore excepted , not exceeding the sum of one hundred dollars, and recoverable
under and by virtue of the summary jurisdiction given by this Ordinance, the plaintiff
or plaintiffs in such action or suit shall not by reason of any verdict for him, her, or
them , or otherwise, be entitled to any costs whatsoever ; and if the verdict shall be given
for the defendant or defendants in such action or suit, and the Chief Justice of the said
Court shall think fit to certify that such action or suit ought to have been brought and
tried before him under the summary jurisdiction of the Court, then such defendant or
ORDINANCE No. 15 OF 1844. 81
Supreme Court.
defendants shall have double costs , and shall have such remedy for recovering the
same as any defendant or defendants may have for his, her, or their costs in any case
by law.
120. And be it further enacted and ordained, that no person whatever shall be Plaintiffs and
defendants to
permitted to appear and act in any such summary proceeding for or on behalf of any attend personally
unless
plaintiff or defendant therein , unless it shall be first proved to the satisfaction of the unavoidably
prevented.
Chief Justice of the Court that such plaintiff or defendant is prevented by some
unavoidable necessity, or some good and sufficient cause, from attending such Court in
person.
121. And be it further enacted and ordained , that the provisions hereinbefore Witnesses not
attending, and
made with respect to the non-attendance of witnesses pursuant to their subpœnas, and persons guilty
of contempt, how
to persons guilty of a contempt of the Court, shall apply to and be in force as to all punished.
matters and proceedings under the summary jurisdiction of the said Court.
122. And be it further enacted and ordained, that the provisions hereinbefore Perjury.
made with respect to persons guilty of wilful and corrupt perjury shall apply to and be in
force as to all matters and proceedings under the summary jurisdiction of the said Court.
123. And be it further enacted and ordained, that in each and every case within Execution.
the summary jurisdiction of the Court where the Chief Justice thereof shall have made
any order or decree for the payment of money, it shall and may be lawful for the said
Chief Justice, at the prayer of the party so prosecuting such order or decree, to issue
a precept signed by the said Chief Justice, in the nature of a writ of fieri facias, or
capias ad satisfaciendum, which precept shall be directed to one or more bailiff or bailiffs
of the said Court who is and are hereby authorized and empowered to levy the amount.
thereof of the goods chattels and effects of the defendant, or to arrest the defendant, as
the case may be : Provided , that it shall be lawful for the said Chief Justice and he is Power to appoint
special bailiffs.
hereby empowered and authorized, when thereto required by the plaintiff in any suit or
proceeding wherein such precept or writ may be issued, to appoint one or more special
bailiff or bailiffs, to be named by the said plaintiff, to execute such precept or writ
upon receiving from such plaintiff full and sufficient security against any improper use
or abuse of such precept or writ .
124. And be it further enacted and ordained, that all such orders and decrees Orders and
decrees may be
shall and may be carried into execution in any district or place whatsoever within the executed any
where within
said Colony where the defendant, his goods, chattels, or effects may be found or be met the Colony.
with : Provided, that all executions and processes against the goods, chattels , and Time of levy.
effects of the defendant shall be executed between sunrise and sunset, in like manner as
is hereinbefore provided with respect to such executions ; and that any officer or person
executing the same at any other time shall be liable to the same fine as is hereinbefore
also provided in such cases .
125. And be it further enacted and ordained, that for the purpose of preventing Mode of
proceeding in
the writ of
any disputes as to the mode of executing the said last mentioned writ or precept , the execution.
same shall be executed in the following manner ; that is to say, that the bailiff or bailiffs
be directed, in the first instance, to levy on the goods, chattels, and effects of the
82 ORDINANCE No. 15 OF 1844.
Supreme Court.
defendant, and that, in the event of such bailiff or bailiffs not being able to find any goods,
chattels, or effects of the defendant, and the defendant failing to point out to his or their
notice any goods , chattels , or effects whereon to levy the amount, it shall and may be
lawful for the said bailiff or bailiffs to enforce the order, or decree of the Court by the
Proviso as to personal arrest and imprisonment of the defendant as hereinafter is mentioned : Provided,
disputed claim
to goods, &c. that if previous to the sale of the property so levied upon a disputed claim shall be made
thereto, and such claim shall be deposed to on oath before a Magistrate by the party
claiming the same, or by some person on his or her behalf the bailiff or bailiffs , on
payment to him, or them, or either of them, of the costs of the levy by such party, or
other person claiming on his or her behalf, shall release such property from the
execution, and proceed to enforce the order or decree of the Court by levying upon
other goods , chattels, and effects of the defendant, if any can be found or pointed out
to him or them , or by arresting the body of the defendant as hereinbefore is directed .
Imprisonment by 126. Provided always, and be it further enacted and ordained, that every such
process of
Court not to defendant who shall be arrested and taken in execution under the process of the said
exceed three
months. Court, as last aforesaid, shall and may be imprisoned in the prison of the said Court,
and shall be there detained for a space of time not exceeding three calendar months ,
unless before the expiration thereof, the order or decree of the said Court shall have
been satisfied ; and in case such order, or decree, shall not then be satisfied, such
Liability of defendant shall be discharged from such prison ; but it shall be lawful for the
future effects.
complainant at any time within three years after such order, or decree, to take out
fresh execution against any estate, or effects which such defendant may have become
possessed of, or entitled to, until such order, or decree, shall be fully satisfied.
Execution not to 127. And be it further enacted and ordained , that no execution awarded against
prejudice
landlords.
the goods of any party or parties shall extend to, or be construed to extend to deprive
any landlord or landlords of the power vested in such landlord or landlords by an act
8 Anne C. 14. passed in the eighth year of the reign of Her late Majesty Queen Anne, intituled , “ An
Act for the better security of Rents and to prevent frauds committed by Tenants " of
recovering one year's rent by virtue of, and in pursuance of the said Act .
Court may order 128. And be it further enacted and ordained, that it shall be lawful for the said
money to be paid
by instalments. Chief Justice, whenever it shall appear to him that the levy of the full amount of any
such order, or decree, of the said Court at one time may be attended with great distress
to the defendant, and that such distress may be avoided or lessened by enlarging the
time for satisfying such order, or decree, to order and direct the amount thereof,
together with the costs and charges, to be levied by instalments, at such stated times ,
and in such proportional amounts, as shall be expressed in such order, and as shall be
reasonable and just : Provided, that the time for satisfying any such order, or decree,
shall not exceed three months from the time of making such order as aforesaid :
Provided also, that in case such defendant shall fail to pay any such instalment agreeably
to such order, in every such case the plaintiff may proceed to take out execution for
the amount of such order or decree, and the costs and charges thereof, then remaining
due and unsatisfied, in like manner as if no such order as aforesaid had been made.
ORDINANCE No. 15 OF 1844. 83
Supreme Court.
129. And be it further enacted and ordained , that all orders, and decrees , or Orders to be
final.
other decision, so to be made or pronounced by the said Chief Justice in any such
summary proceeding as aforesaid, shall be final and conclusive to all intents and
purposes whatsoever.
130. And be it further enacted and ordained, that in case any action or suit , Actions against
officers, &c.
shall at any time hereafter be commenced, or brought against any officer, or officers of
the said Court, or against any other person or persons, for any thing done in pursuance
of, or under the authority of this Ordinance, it shall and may be lawful for such officer
or officers, or other person or persons , in every suit or action to plead the general General issue.
issue, and give this Ordinance, and the special matter in evidence : and in case the
plaintiff or plaintiffs , in such action or suit, shall have a verdict passed against him or
them, or be nonsuit, or discontinue his, her, or their action or suit, the defendant or
defendants shall in any of the said cases be allowed double costs.
131. And be it further enacted and ordained, that no action or complaint, or Proceedings not
to be set aside
other proceeding under the summary jurisdiction given by this Ordinance shall be for want of form.
treated or considered as invalid , or subject to be set aside, on account of any verbal or
technical error ; but that all errors and mistakes not having a tendency to mislead the
opposite party shall and may, in all cases, be amended or altered by the Court.
132. And be it further enacted and ordained, that in all actions and complaints Allowance and
recovery of fees.
or other proceedings under the summary jurisdiction given by this Ordinance, the
fees specified in the schedule hereunto annexed, marked ( No. 12.) shall, unless and
until otherwise ordered and directed , be established, and be deemed and taken , as
the lawful fees and emoluments for the discharge of the several duties therein
specified ; and the Chief Justice of the said Court shall have full power to compel the
payment thereof in a summary way, by order, and on non-payment, by warrant of
distress and sale, under his hand and sealed with the seal of the Court ; and the said. Registrar to
receive and
account for fees.
fees shall be received and accounted for by the Registrar of the said Court, and be
paid over quarterly to the Colonial Treasurer for the public uses of the said Colony.
133. And be it further enacted and ordained , that any poor person, before com Right to sue or
defend in forma
mencing or defending any action or suit in the said Court, in his own right, or pauperis.
becoming poor during the progress thereof, may apply to the Court, on motion, for
leave to sue or defend as a pauper, which motion shall be supported by an affidavit of the
party so applying, and of two householders living in his neighbourhood , that he is not
possessed of property to the amount of fifty dollars in value, excepting household
goods, wearing apparel, tools of trade, and the matter or thing claimed by him in the
action or suit, if he be plaintiff, and thereupon it shall be referred to a barrister of
the said Court, to consider the said case ; and upon the party so applying producing
a certificate signed by such barrister, that he has considered the case of the said party,
and believes him to have a good cause for action, or defence, as the case may be, it
shall be lawful for the said Court to grant a rule to the party applying calling upon
the opposite party to show causes why the applicant should not be allowed to sue, or
84 ORDINANCE No. 15 OF 1844.
Supreme Court.
defend, (as the case may be) in formâ pauperis, and unless sufficient cause be shown
against the said rule the same shall be made absolute .
Appointment of 134. And be it further enacted and ordained , that if the party applying to sue or
barrister and
attorney to defend as a pauper, in any case not being within the summary jurisdiction of the
appear for
pauper.
Court, shall also pray that any barrister, or attorney consenting thereto, may be
appointed to appear for him, the Court will so order ; or else will appoint a barrister
and attorney, or other persons duly authorized to act as such, to appear for the said
party.
No fees to be 135. And be it further enacted and ordained , that no fee shall be taken by any
taken in pauper
causes.
barrister or attorney, or officer of the Court, from any person admitted to sue or
defend as a pauper, for anything done in the conduct of the cause ; but if he succeed
and the costs should be awarded to be paid by his opponent, then the barrister and the
attorney of the said party, and the officers of Court, shall be entitled to, and shall
receive, all such fees, as the Registrar of the Court shall allow to them on taxation.
When privilege 136. And be it further enacted and ordained , that any person having been so
of suing or
defending as a admitted to sue or defend as a pauper, and becoming of ability during the progress of
pauper to cease.
the cause, or misbehaving himself therein by any vexatious or improper conduct or
proceeding, or wilfully delaying the cause, shall on the same being shown to the Court,
be deprived of all the privileges of such his admission.
Interpretation 137. And be it further enacted and ordained, that in the construction of this
clause.
Ordinance wherever in describing any person or party, matter or thing, the word
importing the singular number or the masculine gender only is used , the same shall be
understood to include and shall be applied to several persons or parties as well as one
person or party, and females as well as males, and several matters or things as well as
one matter or thing, respectively, unless there be something in the subject or context
repugnant to such construction .
SCHEDULE (No. 1. ) Sec. 31 .
Writ of Capias ad Respondendum.
Writ of Capins ad VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen,
Respondendum.
Sec. 31. Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy,
Greeting :
We command you that you take C. D. of Street in Victoria, merchant, (or as
the case may be) if he be found in this Colony, and him safely keep, until he shall have given you bail,
or made deposit with you according to law, or until the said C. D. shall by other lawful means be
discharged from your custody, so that he appear before our Chief Justice of the Supreme Court of our
said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such
execution, then and there to answer A. B. wherefore he hath not [ " paid to the said A. B. the sum of
dollars of good and lawful money current in the said Colony which he owes
to and unjustly detains from him" or " hath not delivered to the said A. B. a certain boat together with
its oars furniture &c. " or "other movable thing which the said C. D. unlawfully detains from the said
A. B. ", or " hath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect
ORDINANCE No. 15 OF 1844 . 85
Supreme Court.
of &c.", (stating any wrong or injury committed by the defendant as the case may be) as it is said ; ] and
in default of such appearance after having given a bail-bond , the plaintiff may proceed against the
sheriff or on the bail-bond ; and we do further command you, that on execution hereof, you do deliver
a copy hereof to the said defendant ; and we do further command you, that immediately after the
execution hereof, you do return this writ to our said Supreme Court of Hongkong, together with the
manner in which you shall have executed the same and the day of the execution thereof.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plantiff's Attorney
(or if the plaintiff sue in person)
A. B. of
Plaintiff.
SCHEDULE (No. 2.) Sec. 31.
Form of Bail-bond.
KNOW all men by these presents that we C. D. of Bail-bond to the
and L. M. of are held and firmly bound to Sheriff. Sec. 31.
sheriff of the Colony of Hongkong in the penal sum of dollars (double
the sum or value of the thing mentioned in the writ ) of good and lawful money current in the said
Colony, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns ; for
which payment to be well and faithfully made we bind ourselves, and each of us for himself, in the
whole, our and every of our heirs, executors, and administrators, firmly by these presents. In witness
whereof we have hereunto set our hands and seals this day of
in the Year of our Lord
The condition of this obligation is such that if the above bounden C. D. do appear in person, or by his Condition.
attorney, before the Chief Justice of the Supreme Court of our Lady the Queen of the Colony of
Hongkong on the day of to answer A. B. wherefore
(following the statement in the writ of Capias ad Respondendum) and also shall stand to, abide, and
perform the judgment of the said Court thereon, or render himself to the prison of the said Court in
execution thereof, and shall not remove or withdraw any of his property from and out of the jurisdiction
of the said Court, then this obligation to be void, otherwise to remain in full force.
Signed sealed and delivered C. D. (L. S.)
in the presence of L. M. (L. S.)
M. N.
O. P.
SCHEDULE (No. 3. ) Sec. 35.
Form of Writ of Summons in Ordinary cases.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Writ of Summons.
Soc. 35.
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy,
Greeting ::
Command C. D. of Street, Victoria, merchant (or as the case may be)
that justly and without delay he render to A. B. the sum of dollars
86 ORDINANCE No. 15 OF 1844 .
Supreme Court.
of good and lawful money current in the said Colony which he owes to and unjustly detains from him ,
(or " perform " that which the plaintiff claims or demands to be performed, or " satisfy the damages "
which the plaintiff seeks, as the case may be, stating shortly and distinctly the nature and cause
ofthe action or complaint) as it is said ; and unless he shall do so, then summon the said C. D. , by
delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said
Colony at Victoria within eight days after the service hereof, inclusive of the day of such service , at
ten o'clock in the forenoon to show wherefore he hath not done it ; and immediately after the service
hereof, return you there this writ of summons, with whatever you have done thereupon ; and we
hereby require the defendant to take notice that in default of his so appearing the plaintiff may cause
an appearance to be entered for him the said defendant, and proceed thereon to judgment and execution .
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H.
Street, Victoria,
Plaintiff's Attorney
(or ifthe plaintiff sue in person)
A. B. of
Street, Victoria,
Plaintiff.
Writ of Summons Form of Writ of Summons in Actions on Bills and Notes and other Written Instruments. Sec. 35 .
on Bills &c.
Sec. 35. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen,
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy,
Greeting :
Command C. D. of Street, Victoria, merchant, that justly and
without delay he render to A. B. the sum of dollars, of good and lawful money current in
the said Colony, which he owes to the said A. B. upon and by virtue of a certain promissory note (or
other instrument, describing it) bearing date the day of
in the Year of our Lord signed by the said C. D. , or signed by
and endorsed by the said C. D. (as the case may be) together with the interest thereon from the
day of as it is said ; and unless he shall do so then summon
the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme
Court of our said Colony at Victoria, within eight days after the service hereof, inclusive of the day of
such service, at ten o'clock in the forenoon to show wherefore he hath not done it, and also to
acknowledge or deny his hand writing or "signature " affixed to the said promissory note (or other
instrument, as the case may be) and serve on the said C. D. a copy of the said promissory note (or other
document, &c.) whereon the said action or claim is founded ; and, immediately after the service hereof
return you there this writ of summons with whatsoever you have done thereupon ; and we hereby
require the defendant to take notice that in default of his so appearing the plaintiff may cause an
appearance to be entered for him the said defendant, and proceed thereon to judgment and execution.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria.
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney
(or ifthe plaintiff sue in person)
A. B. of
Plaintiff.
1
ORDINANCE No. 15 OF 1844 . 87
Supreme Court.
SCHEDULE (No. 4. ) Sec. 38.
Assignment of Bail-bond.
I the within named sheriff at the request of A. B. the plaintiff within named hereby assign to him, Assigament of
Bail-bond. Sec. 38.
the said A. B. the within bail-bond , and all the benefit and advantage arising therefrom.
In witness whereof I have hereunto set my hand
this day of
in the Year of our Lord
W. C.
Sheriff.
SCHEDULE (No. 5.) Sec. 56, 101 .
Subpana .
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Subpana. Sec. 58
101.
Defender of the Faith , to G. H., I. R., L. M., and N. O. , Greeting *
:
We command you, that laying aside all and singular business and excuses, you, and every of you,
be and appear in your proper person before our Chief Justice of the Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten
of the clock in the forenoon of the same day, to testify all and singular those things which you or
either of you know, in a certain cause now depending in our said Supreme Court at Victoria, between
A. B. plaintiff, and C. D. defendant ; wherein the said A. B. complains, &c., (or claims , &c., stating
shortly the nature of the action, ) on the part of the plaintiff, ( or defendant ; ) and this you or any of
you shall by no means omit, under the penalty, upon each of you of one hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney,
(or if the plaintiffsue in person)
A. B. of
Plaintiff.
SCHEDULE (No. 6.) Sec. 57.
Subpana Duces Tecum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Subpona duces
tecum. Sec. 17.
Defender of the Faith, to G. H. , I. K., L. M., and N. O. , Greeting :
:
We command you , that laying aside all and singular business and excuses, you , and every of you ,
be and appear in your proper persons before our Chief Justice of our Supreme Court of our Colony of
Hongkong, at Victoria, on the day of at ten of the
clock in the forenoon of the same day ; and also that you bring with you and produce at the time and
place aforesaid, a certain deed, or instrument in writing, bearing the date, &c . , (describing the document
to be produced) then and there to testify and show all and singular those things which you or any or
either of you know concerning a certain cause now depending in our said Supreme Court at Victoria,
between A. B. plaintiff and C. D. defendant, wherein the said A. B. complains, &c., ( or claims, &e ..
88 ORDINANCE No. 15 OF 1844 .
Supreme Court.
stating shortly the nature of the action) on the part of the plaintiff ( or defendant) and this you, or any
of you shall by no means omit, under the penalty, upon each of you of one hundred dollars.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney
(or ifthe plaintiff sue in person)
A. B. of
Plaintiff.
SCHEDULE (No. 7.) Sec. 80.
Summons to Juror.
Mr. A. B.
Summons to juror. You are hereby summoned to appear as a (either common or special, as the case may be,) juror at
Seo. 80.
the Supreme Court to be holden at Wellington Terrace in this Colony, on the day of
next and there to attend from day to day until you shall be discharged from
the said Court.
(Signed) W. C., Sheriff.
N. B.—The penalty for disobedience hereto is any sum not exceeding one hundred dollars in the case
of a common juror or two hundred dollars in the case of a special juror.
SCHEDULE (No. 8.) Sec. 93.
Process for Summoning defendant on Indictment or Information.
Process for sum VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen ,
moning defendant
on indictment &c. Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greet
Sec. 93.
*
ing :
We command you that you summon (the defendant, or defendants following the description in
the indictment or information,) that he (she, or they) appear before our Supreme Court of the said
Colony, at the session of the said Court, to be holden in and for the said Colony, at Victoria, on the
day of next, and following days, there to answer to a certain
indictment or information preferred or, to be preferred , filed , or to be filed, against him, (her, or them)
by our Attorney General in our behalf (or when the prosecution is at the instance of a private party or
private parties describing the prosecutor or prosecutors as in the indictment or information) and not
to depart until he (she, or they) be discharged in due course of law ; -and serve upon the said
defendant (or upon each of the said defendants) a copy of the said indictment or information, and
the notice of trial indorsed on the same, or annexed thereto, and return on that day to the Registrar
of the Court this writ, with whatsoever you have done thereupon.
Witness The Honorable John Walter Hulme,
Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Lord 1844.
SCHEDULE (No. 9.) Sec. 94.
Notice of Trial of Indictment or Information.
Notice of trial, &c. C. D.
Sec. 94.
Take notice that you will be tried on this indictment (or information or on the indictment or
information whereof this is a true copy) at the Criminal Sessions of the Supreme Court, to be holden
at Victoria, in and for the Colony of Hongkong, on the day of
89
ORDINANCE No. 15 OF 1844.
Supreme Court.
SCHEDULE (No. 10. ) Sec. 112. Fees. Sec. 112 .
FEES . $ cents.
For filing and entering plaint, or statement of cause of action 1.00
For filing and entering declaration where the amount claimed shall not exceed 100 dollars 2.00
And for every 100 dollars after the first 100 dollars ............ …………………. ....... 1.00
And in all ejectments, and in all actions and proceedings where the thing sought to be
recovered shall consist of lands or houses or both, the charge on filing and entering
declaration shall be 1 per cent upon the valuation at which the same is assessed by
Government
And in all actions or proceedings brought for the recovery of a specific personal chattel ,
or for damages done thereto, or for conversion of the same, the charge for filing and
entering declaration shall be 1 per cent on the value of the chattel, and 1 per cent on
the damage laid in the declaration
Writ of Summons, each defendant .... 1.00
Registrar's Certificate of declaration being filed ……………........ …………………. 1.00
For filing every affidavit of debt where the sum sworn to is under or amounts to 100 dollars 1.00
filing every affidavit of debt where the sum sworn to exceed 100 dollars for every 100
dollars 1.00
For Judge's order for a capias ..... 1.00
For capias in pursuance in every case ...... 2.00
For filing and entering every appearance 1.00
For annexing every plea, answer, defence, or demurrer to declaration, each defendant 1.00
For subpoena, each witness 1.00
For entering every cause .50
For calling same .50
For administering every oath in Court or Chambers ...... …………… . .50
For reading every exhibit, document, or paper produced in evidence, unless the Court or Judge
shall at the time direct a larger sum to be paid ................ .......... …………………………………………. .50
For every judgment or decree pronounced by the Court or Judge, where the amount recover
ed does not exceed 100 dollars ......... ………………………….. 1.00
And for every 100 dollars above the first 100 dollars 1.00
For entering every Judgment or Decree............ .... 1.00
For taxing costs where the bill does not exceed 100 dollars.. 1.00
And for every 100 dollars above the first 100 dollars 1.00
For all Writs of Execution.......... 1.00
For every copy of declaration , bill, petition , plea, answer, demurrer, or any other document,
paper, or proceeding in Court, not otherwise charged, in all matters , per folio ........... .50
For Registrar, or Clerk, examining or attesting, and certifying same in all matters ............... 1.00
For every Habeas Corpus, Mandamus, Certiorari, or any other writ or process whatsoever,
not otherwise charged ……………………….. 1.00
For every attachment for contempt in the presence of the Court or otherwise, or disobedience
of Order or Rule of Court ......... ……………………….. *******.... 1.00
For all interrogatories and answers filed thereto in pursuance thereof, per folio
For every Commission to examine or swear witnesses, each witness ....... 1.50
For every search in the Registrar's Office ........
For every Rule or Order of Court 1.50
For every receipt granted by the Registrar when demanded .50
For every attendance by the Registrar, or other person appointed by the Court, within the
limits of Victoria, to administer oaths, or transact other business, exclusive of expenses 1.00
Beyond the limits of Victoria *******... ******.. 2.00
Appealable Matters.
For filing and entering every petition for leave to appeal ....
………………………. 50.00
For every Certificate of Appeal allowed ........... ******* 5.00
90 ORDINANCE No. 15 OF 1844.
Supreme Court.
Ecclesiastical Matters.
$ cents.
For filing and entering petition for Probate or Letters of Administration 1.00
Swearing petitioner to the truth of petition 1.00
For every caveat filed ....... 1.00
For granting Probate or Letters of Administration 5.00
For filing and entering Bond by Administrator 2.00
For every certificate by the Registrar, or other officer, of accounts and inventories being filed .
where the sum realized shall exceed 100 dollars ..... 2.00
And for every 100 dollars above the first 100 dollars 1.00
Swearing party to truth of account or inventory 1.00
For every exemplification of Will per folio 1.00
For affixing the Seal of the Court to any Process, during Court hours... 1.00
After Court hours 2.00
CROWN FEES to be taken and received by the Registrar when the Court sits as
Court of OYER and TERMINER and GAOL DELIVERY.
For preparing any Bench Warrant, and every other process issuing out of the Court of Oyer
and Terminer ……………………… 2.00
For every Venire, taking every recognizance, or discharging, or respiting the same, recording
the appearance, plea , or acquittal of every defendant, for every Bail, and justification
of Bail, and for every order of the Court, and copy thereof, in case of felony .. 2.00
For the same except in felony 1.00
For copies of indictments, or other papers when ordered or required , per folio .50
For every Subpœna .50
For every Search in Office . 1.00
For calling and swearing the jury on trial 1.00
For entering and recording verdict ..... 1.00
For reading every notice or other document exhibited in Court as evidence . .50
For every oath administered in Court ..... .50
For every prisoner discharged by Proclamation , or acquitted of felony 2.00
For the same except in felony 1.00
For every prisoner convicted of felony 2.00
For the same except in felony 1.00
Sheriff's Fees.
For service of every Writ of Summons, Summons, Subpana, Citation, or Order . 1.00
For serving every Writ of Capias and other bailable Process 5.00
For discharging every defendant at the desire of the plaintiff .50
For releasing property seized under Writ of Sequestration, or Fieri Facias by the desire of
the plaintiff ..... 5.00
For drawing and taking each Bail-bond, every defendant ..... 1.00
When any Summons, Writ or Process of any kind shall be executed , or act done.
for which a fee is authorized to be taken as above, the deputy duly appointed who
shall execute such process, or do such act, shall be entitled to one half the fee or fees
which the sheriff may claim under this table.
Poundage.
Five per cent to be charged on the first five hundred dollars, and two and a half per cent
upon every one hundred dollars above five hundred dollars.
ORDINANCE No. 15 OF 1844. 91
Supreme Court.
SCHEDULE ( No. 11. ) Sec. 117.
Forms relating to the Summary Jurisdiction of the Court. Forms relating to
Summary Jurisdic
tion. Sec. 117.
ENTRY OF PLAINT.
Colony of Hongkong A. B. of Entry of plaint.
to wit
in the Colony of Hongkong hereby requires entry to be made in the Supreme Court of the said Colony
acting under its Summary Jurisdiction , of his plaint against C. D. of
in the said Colony, for a sum of
being for (here state generally the cause ofaction ) in the particular hereunto annexed fully set forth.
And the said A. B. hereby declares that the said particular contains a correct, full, and true statement
of his demand against the said C. D. and that the said C. D. is justly and truly indebted to him the said
A. B. in the said sum of and thereupon the said A. B. prayeth that
the said C. D. may be summoned to attend on the day of at the said
Supreme Court so acting as aforesaid to answer such his demand.
Dated this day of A. D. 184 •
A. B., Plaintiff.
Witness
Registrar
Summons.
To
Hongkong You are hereby summoned and required to attend the Supreme Court of Hongkong to be Summons.
to wit
holden at the Court House in Wellington Terrace at ten o'clock in the forenoon of day of
next, then and there to answer the demand of entered against you in the said
Court for the sum of being for (here state cause of action and complaint) . And herein
fail not, or judgment will be passed, and execution issued, against you for the said sum and costs.
And you will take notice, that if you have any debt or demand to set off against the said plaintiff's
claim you are hereby required to file or deliver the same at the Registrar's office at
on or before the day of or you will be precluded
from giving evidence thereof on the trial or hearing. And you will further take notice that a plaint
containing the particulars of the plaintiff's demand against you has been filed in the Registrar's office at
and that you are at liberty to obtain a copy of the same, ifyou shall think proper.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria.
the day of
in the Year of our Reign.
Endorsed on the back of Summons.
The within summons was served on the within named defendant by delivering a true copy thereof
on the day of 184
(Officer who served the summons.)
92 ORDINANCE No. 15 OF 1844 .
Supreme Court.
Notice of Trial or Hearing to be Endorsed on Copy of Summons.
SUPREME COURT OF HONGKONG.
Between A. B. Plaintiff.
and C. D. Defendant.
Notice of trial. Hongkong The Chief Justice having appointed the day of next to hear
to wit
the above case I have received his instructions to require your attendance on that day at ten o'clock in
the forenoon and to bring with you any witnesses you may deem necessary to support your claim or
demand .
By Order of the Chief Justice,
Registrar.
To
In the above case.
Subpæna.
To
Subpæna. Hongkong You, and cach of you, are hereby commanded that , all excuses being laid aside, you, and
to wit
each of you, be and appear in your own proper person before the Supreme Court of Hongkong, to be
holden at the Court House in Wellington Terrace, on the day of
at ten o'clock in the forenoon , to testify all and singular what you, or either of you , know in a certain
cause, or matter of complaint, now pending and undetermined between
plaintiff, and defendant, then and there to be heard and tried. And herein
fail not at your peril.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria.
the day of
in the Year of our Reign .
Order, or Decree, in favour of plaintiff.
A. B. Plaintiff.
C. D. Defendant.
Decree in favor of Hongkong It appearing to the Court that the plaintiff hath proved his demand (wholly or in part) it
plaintiff. to wit
is ordered and decreed, that the said plaintiff do recover from the said defendant the sum of
together with costs and the said C. D. the defendant is
hereby ordered to pay to the said A. B. the plaintiff the said sum of in full satisfaction
of the said debt and costs (forthwith, on demand thereof, or by the following instalments ; namely :
as the case may be.)
Dated the day of
in the Year of our Lord, 184
Debt
Costs
£
Entered Chief Justice.
Registrar.
ORDINANCE No. 15 OF 1844 .
333
Supreme Court.
Form of Dismissal. Sec. 118 .
A. B. Plaintiff.
C. D. Defendant.
Hongkong It appearing to this Court that the plaintiff entered his plaint and caused the above de Dismissal. Sec. 118.
fendant to be summoned to attend this Court for (here state the cause ofaction or complaint ; ) and the
said plaintiff having failed to prove his said plaint, it is hereby ordered and decreed by the said Court,
that the plaint of the said A. B. be, and the same is hereby dismissed : And that the said defendant
do recover against the said plaintiff the sum of for costs : And the said A. B. the
plaintiff is hereby ordered and directed forthwith , on demand , to pay the said C. D. the defendant the
said sum of so awarded for his costs herein as aforesaid and on failure
thereof, let execution issue to take in execution the goods, chattels, and effects of the said A. B. or his
body, to satisfy the said costs.
Dated the day of
in the Year of our Lord , 18
Defendant's costs ......... £
Chief Justice.
Entered
Registrar.
Warrant, or Order, on Decree of Dismissal, for non-payment of Costs. Sec. 118 .
I authorize and empower the bailiff of this Court and his assis Warrant on
Dismissal. Sec. 118.
tants to execute the above decree.
Dated the day of in the Year of our Lord, 18
Costs .....
Warrant .
£
Chief Justice.
Precept to Bailiff. Sec. 123.
SUPREME COURT OF HONGKONG .
Between (A. B. Plaintiff.
C. D. Defendant.
To Mr. bailiff, and his assistants.
Hongkong You are hereby commanded to levy of the goods, chattels , and effects of
to wit ) Precept to bailiff.
Sec. 123.
of in the Colony of Hongkong the sum of
which of
lately recovered against for damages and costs ;
and if you shall not find any goods, chattels, or effects belonging to the said defendant whereof to levy ,
then you are hereby commanded to take and arrest the body of the said defendant and him safely to
lodge in the custody of one of Her Majesty's gaols within ten days from the date hereof to satisfy the
94 ORDINANCE No. 15 OF 1844.
Supreme Court.
said plaintiff his damages and costs, as aforesaid ; and have
you there this writ.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign .
Entered
Registrar.
Judgment..
Costs .
Subpæna..
Execution.....
Alias ......
Pluries .
Alias, or Pluries.
Aliis &c. You are hereby commanded as before you were commanded (or, as " oftentimes " before you were
commanded and then follow the above form.)
Order to discharge defendant out of Custody.
day of 18
A. B. Plaintiff .
C. D. Defendant.
Order to discharge Supreme Court of Hongkong You are hereby authorized to discharge out of your custody the above
defendant out of to wit
custody.
named defendant, as far as regards the execution in the above case.
By Order of the Court,
Registrar.
To the sheriff of Hongkong, or any
deputy sheriff thereof
SCHEDULE (No. 12. ) Sec . 132 .
Table of Fees. cents.
Fees. Soc. 132. For entering every plaint, action, &c., and particulars of demand ... .50
Entering every appearance and defence ........ 25
Summons for defendant, and copy .50
Entering notice of hearing .25
Copy and service on plaintiff, and defendant, each .40
Any notice required during the course of proceedings ... .25
Fee on hearing and adjudication , where the sum to be recovered shall not exceed $ 50 .. .50
Exceeding $50 and not exceeding $100 .75
Each Subpana of witness, and copy .40
Drawing and signing order for costs, decree, or dismissal , each .50
Every oath of party, or witness examined …………….... .25
Chief Justice's warrant to bailiff for executing decree .. 1 .25
Executing any decree or order, where the sum shall not exceed $50 .... .50
Exceeding $50 and not exceeding $100 1 .25
Copies of any other proceedings per folio .12
[ Disallowed in C. O. D. , No. 96, 24th March, 1845. Repealed by Ordinance
No. 6 of 1845. ]
ORDINANCE No. 16 OF 1844. 95
Registration of Inhabitants.
No. 16 of 1844 .
An Ordinance for establishing a Registry of the Inhabitants of the Island Title.
of Hongkong and its Dependencies .
[ 21st August, 1844. ]
HEREAS to secure tranquillity and good order in the Colony of Hongkong and Preamble.
W its dependencies, and to prevent the resort thereto of abandoned characters
and of persons without any ostensible means of subsistence it is expedient that a
registry be established of persons resident therein. Be it therefore enacted and
ordained by His Excellency the Governor of Hongkong with the advice ofthe Legislative
Council thereof that there be established in some convenient locality in Victoria an
office to be entitled " The Registration Office " and that this office do consist of a
Registrar, and of such further officers and assistants and at such salaries as the
Governor in Council may be pleased to appoint subject to Her Majesty's pleasure.
And be it further enacted and ordained that from and after the first day of Commencing 1st
November, 1844.
November next , all male inhabitants of the age of twenty- one years and upwards or
capable of earning a livelihood resident in the Colony of Hongkong shall be required
once in every year to appear personally at the said office or at such branch offices as may
be from time to time established by the Governor in Council to be there registered in
manner hereinafter mentioned unless where it shall appear advisable to the said
Registrar General to dispense with the personal appearance of any one hereby required
to be registered.
And be it further enacted and ordained that the said Registrar General or such Entry of
particulars.
other officer so to be appointed as aforesaid shall and may in all cases where he shall
deem it advisable enquire into, and acquaint himself with the age birthplace and
residence of every person so to be registered and with his occupation, and date of
arrival in the Colony aforesaid and with the circumstances of his family and con
nexions and with their places of residence and occupation , and shall and may ascertain
whether the said applicant be married and of what number his family consists and
whether male or female and that he do enter or cause to be entered all such particulars
in a book to be kept for that purpose.
And be it further enacted and ordained that if upon enquiry it shall appear to Ticket to be
granted or
the Registrar General or such other officer so to be appointed as aforesaid that the said otherwise.
applicant is a fit and proper person to be permitted to reside in the said Colony it shall
be lawful for the said Registrar General or such other officers to be appointed as
aforesaid to grant him a registration ticket upon payment of the fees hereinafter
mentioned . Provided also that if upon enquiry it shall appear to the said Registrar
General or such other officer so to be appointed as aforesaid that the said unregistered
person is a vagabond or bad character or without visible means of subsistence the said
Registrar General or such other officer as aforesaid shall have full power and authority
to prohibit him from residing in the said Colony.
96 ORDINANCE No. 16 OF 1844.
Registration ofInhabitants.
Ticket. And be it further enacted and ordained that the said registration ticket shall
contain the name of the applicant and the number of the ticket and the date at which it
is granted and such other particulars as to the aforesaid Registrar General may seem
fit. Provided always, that as regards persons of Chinese origin or extraction the
name of the applicant shall be in the Chinese character also .
Ticket to And be it further enacted and ordained that the said registration ticket shall
continue in
force for one
year. continue in force for the period of one year from the date thereof and no longer and
that on the expiration thereof any person who shall not forthwith apply to be again
registered and obtain a fresh registration ticket shall be liable to the penalties inflicted
by the provisions of this Ordinance on persons residing in the said Colony without
being registered.
Headmen And be it further enacted and ordained that if any person being a headman
contractors &c.
required to have contractor or other shall hire any or other persons coolies or workmen not being
the men in their
employ previously resident in the Colony for the purpose of executing any work or service in
registered.
the said Colony he shall be bound and is hereby required as soon as the said coolies
or workmen are landed in the said Colony to cause them to proceed to the said office
or such branch offices as may be appointed in the manner hereinbefore provided .
Penalty for And be it further enacted and ordained that if any person retain in his or her
neglecting the
preceding. employment or harbour or suffer to reside in his or her house or on his or her
premises any person hereby required to be registered who is not duly registered
according to the provisions of this Ordinance he shall be liable to a penalty of not
more than twenty dollars .
Penalty. And be it further enacted and ordained that if any person liable to be registered
under the provisions of this Ordinance shall be found residing in the said Colony for
the space of twenty-four hours without having been registered he shall be liable to a
Exemptions. penalty of not more than twenty dollars. Provided always that nothing herein
contained shall be construed to extend to persons employed on board ships of war
or to officers or seamen belonging to merchant vessels lying in the harbour or roads
of Victoria who previous to landing shall obtain from the master or said officer in
charge of the said vessels leave to go ashore in writing under his hand.
Tepos to send in And be it further enacted and ordained that all headmen or tepos shall be bound
returns when
called for.
to give a return when called upon by the said registering officer of the names and
occupation together with the particulars hereinbefore set forth of all persons residing
in their respective villages or districts and shall specify in the said return the number
of the house according to the register and the number of persons residing in each
house and shall be liable to a penalty of not more than twenty dollars for each
and every person hereby required to be registered found residing within their respective
villages or districts without being duly registered as aforesaid or whom they shall
not have reported to or caused to be brought before the said registering officer.
Return to be And be it enacted and ordained that the said Registrar General or such other
made by
householders. officer so to be appointed as aforesaid shall if he or they think fit cause to be delivered
ORDINANCE No. 16 OF 1844 . 97
Registration of Inhabitants.
or left at the residence or place of business of any householder or householders a
blank return to be filled up before a certain day to be therein named with the names
and numbers of persons in his or their employment or residing within his or their
house or houses or on his or their premises and that on or after the said day named
in the said blank return the said householder or householders is or are hereby
required to transmit the said return so filled up to the said Registrar General or
such other officer so to be appointed as aforesaid and on failure to do so the said
householder or householders shall be liable to a penalty of twenty dollars each .
And be it further enacted and ordained that the following fees shall be taken for Fees.
registration and shall be received by the Registrar General or such other officer
so to be appointed as aforesaid at the time of the granting of the registration ticket .
For registering any person being a merchant shopkeeper or comprador or
being in the receipt of a monthly income of twenty dollars or upwards the sum of
five dollars .
For registering any person being a servant clerk mechanic or in the receipt of a
monthly income not exceeding twenty dollars and not less than ten dollars the sum
of three dollars.
For registering any person being a coolie boatman or labourer or being in
receipt of a monthly income of less than ten dollars the sum of one dollar.
And be it further enacted and ordained that all lighters bumboats ferry boats Boats &c. to be
registered.
and other vessels plying for hire within the harbours and waters of this Colony shall
be duly registered with the number and description of the crew and of the persons
living therein by the said registering officer or such other officer so to be appointed
as aforesaid the said particulars to be entered in a book to be kept for that purpose
and a certificate of such registry shall be given to the master or headman of such
lighter bumboat ferry boat or other vessel the number of such registry to be legibly
painted in some conspicuous part of such lighter bumboat ferry boat or other vessel.
And be it further enacted and ordained that a fee shall be levied on every Boat fee.
certificate of registry so granted according to the rate of 6d per registered ton or
if the boat be under one ton then 6d for such boat and in the case of Chinese vessels
after the rate of 6d for every twenty peculs.
And be it further enacted and ordained that if any person not having previously Penalty on boat
owners &c.
obtained such certificate of registry and not having painted the number on such
lighter bumboat ferry boat or other vessel as is hereinbefore provided shall let or
hire or cause to be let or hired any such lighter bumboat ferry boat or other vessel
within the waters of the said Colony or shall show a false certificate of registry or
one granted for another vessel or shall permit or connive at the said certificate being
made use of for another vessel or shall paint or exhibit a false number on the said
lighter bumboat ferry boat or other vessel he shall for every such offence forfeit and
pay a sum not exceeding one hundred dollars.
98 ORDINANCES Nos . 16 AND 17 OF 1844 .
Registration ofInhabitants. Peace and Quiet.
Masters of And be it further enacted and ordained that all masters of Chinese vessels
Chinese vessels
to report frequenting the waters of this Colony shall report themselves immediately upon their
themselves.
arrival in such waters and previous to their departure to the registering officer who
shall grant them a certificate of entry or clearance on payment of a fee to be levied in
accordance with a scale hereafter at any time to be published by the Governor in
Council and subject to such alterations as the Governor in Council may at any time
declare.
Penalty on And be it further enacted and ordained that every master of a Chinese vessel
preceeding.
who shall not conform to the provisions of the section hereinbefore last mentioned
shall forfeit and pay a sum not exceeding twenty dollars .
Penalty on And be it further enacted and ordained that if any person shall wilfully conceal
evasion of this
Ordinance. or falsify the particulars of any information required of him for the purposes of this
Ordinance or shall on applying to be registered give a false name or description or shall
transfer or lend his registration ticket to any other person or shall wear or show the
registration ticket of another as his own for the purpose of evading the provisions of
this Ordinance he shall be liable to a penalty not exceeding fifty dollars.
And be it further enacted and ordained that all penalties enforced by this
Ordinance shall be recovered in a summary manner before any Police Magistrate and
that one moiety thereof shall go and be paid to the informer and in default of
payment the party shall be liable to imprisonment for any time not exceeding two
calendar months.
[ Repealed by Ordinance No. 18 of 1844. ]
No. 17 of 1844 .
Title. An Ordinance for the better securing the Peace and Quiet of
the Inhabitants of the Town of Victoria and its vicinity
during the night- time.
[ 11th September, 1844. ]
Preamble. HEREAS the inhabitants of Victoria and its vicinity have hereto
WH
been disturbed and annoyed during the night-time by various
loud and unnecessary noises made by private watchmen and other persons
to such an extent as to become a public nuisance, and it is expedient for
the comfort and tranquillity of the said inhabitants that the said public
nuisance should be surpressed and whereas it is manifest that such
watchmen or other person could from time to time during the night
notify their state of vigilance and convey to their respective masters and
employers that they are on the watch and alert, without occasioning any
disturbance or annoyance to the public or to the inhabitants of adjoining
ORDINANCE No. 17 OF 1844. 99
Peace and Quiet.
houses : Be it therefore enacted and ordained by the Governor for the No person to
make noise or
time being of the Colony of Hongkong and its dependencies with the disturbance
advice of the Legislative Council thereof that from and after the publication betweensun
set and six in
the morning.
of this Ordinance no person or persons whatsoever shall between sunset
and the hour of six in the following morning make or cause to be made
any noise or noises whatever calculated to disturb annoy or interfere with
the public tranquillity or the quiet of the occupier or inhabitant of any
dwelling- house within the said town of Victoria or its vicinity : And
that in case any person or persons shall make or cause to be made any
such noise or noises as aforesaid it shall and may be lawful for any such
occupier or inhabitant or for any officer charged with the preservation of
the peace or any constable or policeman or other person to summon the
party so offending before any Police Magistrate to whom it shall and may
be lawful on due investigation and proof of the party having offended
against the provisions aforesaid , to proceed against and in a summary
manner to fine the party so offending in any sum not exceeding ten dollars
and in default of payment to commit the said party to prison for any
period of time not exceeding one calendar month.
2. And be it further enacted and ordained that if on any such Watchmen or
servants
investigation or proof as aforesaid it shall appear to the said presiding being
orders not to
Magistrate that the party so offending acted as watchman or servant of be held re
the proprietor or occupier of any dwelling- house warehouse or other sponsible.
out - house office or premises or of the inhabitant person or persons in
charge thereof, or by or with the direction knowledge sanction sufferance
or permission of such proprietor or occupier or of such inhabitant or person
in charge as aforesaid then and in such case it shall and may be lawful
to and for such Magistrate to dismiss the charge as against the watch
man or servant or person acting as such so offending as aforesaid and to
summon or cause to be summoned forthwith before him the proprietor or
occupier inhabitant or person in charge thereof as aforesaid having so
directed , sanctioned suffered or permitted the making such noise or noises
as aforesaid, and on due investigation and proof that any suchoccupier
or proprietor inhabitant or person in charge as aforesaid directed sanctioned
suffered or permitted the making of the said noise or noises so made by
the watchman or servant or person acting as such as aforesaid , then it
shall and may be lawful to and for such presiding Magistrate to fine such
proprietor or occupier or inhabitant or person in charge as aforesaid in
any sum not exceeding fifty dollars and in default of payment to levy the
100 ORDINANCES Nos . 17 AND 18 OF 1844 .
Peace and Quiet. Registration and Census.
same by distress and sale of the goods and chattels of such proprietor or
occupier or inhabitant or person in charge as aforesaid by virtue of a warrant
in writing under his hand to be issued for that purpose, and in case of the
offender not having sufficient goods and chattels within the Colony of
Hongkong whereon to levy the said fine together with all costs and charges
consequent thereon it shall and may be lawful , for the said Magistrate to
commit such offender to prison for any period of time not exceeding one
calendar month.
Proprietor 3. And be it further enacted and ordained that when so often as
occupier or
inhabitant of any such noise or noises as aforesaid shall be made in or upon any
any house to
be summoned dwelling-house or premises if it shall be impracticable or difficult to
in case of not
being able to apprehend discover or identify the person or persons so making such noise
apprehend
offender. or noises as aforesaid then and in such case it shall and may be lawful to
and for such Magistrate upon information thereof to summon before him
the proprietor or occupier or inhabitant or person in charge of such dwelling
house or premises and if it shall appear on due investigation and proof
that such noise or noises as aforesaid was or were made in or upon the
said dwelling-house or premises by the direction or with the knowledge
sanction sufferance or permission of the owner occupier inhabitant or
person in charge thereof, to impose on him such and the like penalty as
is lastly hereinbefore provided , the said penalty to be recovered in the
same manner as is also lastly herein before provided.
No. 18 of 1844.
Title. An Ordinance to repeal Ordinance No. 16 of 1844 , and to establish
a Registry and Census of the Inhabitants of the Island of Hongkong.
[ 13th November, 1844. ]
Preamble. HEREAS it is expedient and required by Her Majesty's Government, that
W" a census should from time to time be taken of the population of the
Colony of Hongkong, in common with other parts of Her Majesty's dominions ,
and whereas to secure tranquillity and good order in the said Colony and its depen
dencies, consideration being had of the migratory habit of a portion of the population ,
and to prevent the resort thereto of abandoned characters and of persons without any
ostensible means of subsistence , it is also expedient that a registry be established of
persons resident and sojourning therein, and whereas also it is further deemed fitting
to repeal Ordinance No. 16 of the 21st August, 1844, passed for the purpose of such
registration :
ORDINANCE No. 18 OF 1844. 101
Registration and Census.
1. Be it therefore enacted and ordained by His Excellency the Governor of Registration
office to be
established.
Hongkong with the advice of the Legislative Council thereof for the several purposes
aforesaid that the said Ordinance No. 16 of the year 1844 be hereby repealed and that
there be established in some convenient locality in Victoria an office to be entitled
"The Census and Registration Office," and that the duties and business of this office be
discharged by a Registrar and such other officers and assistants and at such salaries as
the Governor in Council may be pleased to appoint subject to Her Majesty's pleasure.
2. And be it further enacted and ordained that from and after the 1st day of Persons required
to appear
personally before
January next, all male inhabitants of the age of twenty-one years and upwards, or capable Registrar.
ofearning a livelihood , resident in the Colony of Hongkong, with the exception of persons
employed in the civil, military, or naval services of Her Britannic Majesty, or the
Honorable East India Company, members of the learned professions, merchants,
shopkeepers, householders , and tenants of the Crown paying an annual rent of not less
than two hundred and fifty dollars for houses or lands, or persons possessing a means
of livelihood amounting to the annual sum or value of not less than five hundred dollars
a year shall be required once in every year to appear personally at the said office or at
such branch offices as may be from time to time established by the Governor and
Executive Council, to be there registered in manner hereinafter mentioned unless where
it shall appear advisable to the said Registrar General to dispense with the said
personal appearance of any one hereby required to be registered.
3. And be it further enacted and ordained that if upon enquiry it shall appear to Ticket to be
granted or
the Registrar General or such other officers so to be appointed as aforesaid that the otherwise.
said applicant is a fit and proper person to be permitted to reside in the said Colony it
shall be lawful for the said Registrar General or such other officers to be appointed as
aforesaid to grant him a registration ticket without any fee or charge whatsoever :
Provided, also, that if upon enquiry it shall appear to the said Registrar General or
such other officers so to be appointed as aforesaid that the said unregistered person is a
vagabond or bad character or without visible means of subsistence the said Registrar
General or such other officers as aforesaid shall have full power and authority to pro
hibit him from residing in the said Colony, unless such person shall have been born
within the Colony in which case he she or they shall be dealt with according to law
provided in such cases.
4. And be it further enacted and ordained that it shall and may be lawful to and Registrar by
direction of
for the said Registrar General, for the more effectual discharge of his duty, by and with Governor in
Council to divide
the direction of the Governor in Council , to divide the said Island into districts for the the Island into
districts, and
register one or
purpose of registry and to proceed to register one or more of such districts on such days more at different
periods.
and at such hours as shall appear fitting for such purpose.
5. And be it further enacted and ordained that the said registration ticket shall Ticket.
contain the name of applicant and the number of the ticket and the date at which it is
granted and such other particulars as to the aforesaid Registrar General may seem fit,
and that in the exercise of such discretion the said Registrar General shall have regard
to the particulars requisite to the formation of the returns of population required from
102 ORDINANCE No. 18 OF 1844 .
Registration and Census.
the Colonies of Great Britain by the Home Government : Provided always that as
regards persons of Chinese origin or extraction the name of the applicant shall be in
the Chinese character also .
Ticket to 6. And be it further enacted and ordained that the said registration ticket shall
continue in force
for one year.
continue in force for the period of one year from the date thereof and no longer and
that on the expiration thereof any person who shall not forthwith apply to be again
registered and obtain a fresh registration ticket shall be liable to the penalties inflicted
by the provisions of this Ordinance on persons residing in the said Colony without
being registered.
Headmen 7. And be it further enacted and ordained that no person being a headman
contractors, &c.,
prohibited from contractor, or other shall hire any or other persons coolies or workmen, not being pre
employing any
person
unprovided with viously resident in the Colony for the purpose of executing any work or service in the
a registration
ticket. said Colony, unless such person or coolie or workman not hereinbefore excepted shall
have previously obtained a registration ticket and shall produce the same to the
person so hiring him or them .
Penalty for 8. And be it further enacted and ordained that if any person shall knowingly
knowingly
retaining retain in his or her employment or harbour or suffer to reside in his or her house or on
unregistered
persons.
his or her premises any person hereby required to be registered who shall not be duly
registered according to the provisions of this Ordinance he shall be liable to a penalty
not exceeding twenty dollars.
Penalty for 9. And be it further enacted and ordained that if any person liable to be registered
neglecting to
register. under the provisions of this Ordinance shall be found residing in the said Colony for
the space of twenty-four hours without having been registered he shall be liable to a
Exemptions. penalty not exceeding twenty dollars : Provided always that nothing herein contained
shall be construed to extend to persons employed on board vessels of war or government
transports under any circumstances, nor to officers or seamen belonging to merchant
vessels lying in the harbour or roads of Victoria who previous to landing shall obtain
from the master or officer in charge of the said vessel leave to go ashore in writing
under his hand.
Tepos to send 10. And be it further enacted and ordained that all headmen or tepos shall be
in returns when
called for.
bound to give a return when called upon by the said registering officer of the boundaries
of their districts, of the names and occupation together with the particulars hereinbefore
set forth of all persons residing in their respective villages or districts and an account
of the sex, ages and country of all such persons and shall specify in the said return the
number of the house according to the register and the number of persons residing in
each house and every such tepo shall be liable to a penalty not exceeding twenty dollars
for each and every person hereby required to be registered found residing within their
respective villages or districts without being duly registered as aforesaid or whom they
´shall not have reported to or caused to be brought before the said registering officer,
or who shall fail after due requisition to make every such return as is hereby required .
Census. 11. And be it further enacted and ordained that for the purposes of the census
the said Registrar General or such other officer so to be appointed as aforesaid shall
ORDINANCE No. 18 OF 1844. 103
Registration and Census.
when and so often as he may be directed by the Governor and Executive Council cause
to be delivered or left at the residence or place of business of any householder or
householders a blank return to be filled up before a certain day to be therein named
with the names and numbers of persons in his or their employment or residing within
his or their house or houses or on his or their premises and shall in every such return Return to be
made by
distinguish and describe the sex country and occupation of every person so resident as householders.
also whether any and which of them be either aliens or resident strangers and that on
or after the said day named in the said blank return the said householder or householders
is or are hereby required to transmit the said return or deliver the same on demand
within five days after its being left at such residence or place of business as aforesaid
so filled up to the said Registrar General or such other officer so to be appointed as
aforesaid and on failure to do so the said householder or householders shall be liable
to a penalty not exceeding fifty dollars each.
12. And be it further enacted and ordained that all lighters bumboats ferry boats Boats, &c. to be
registered.
and other vessels plying for hire within the harbours and waters of this Colony shall be
duly registered with the number and description of the crew and of the persons living
therein by the said registering officer or such other officer so to be appointed as
aforesaid the said particulars to be entered in a book to be kept for that purpose and
a certificate of such registry shall be given to the master or headman of such lighter
bumboat ferry boat or other vessel the number of such registry to be legibly painted on
each side and on the stern of such lighter bumboat ferry boat or other vessel.
13. And be it further enacted and ordained that if any person not having pre Penalty on
boat-owners, &c.
viously obtained such certificate of registry and not having painted the number on
such lighter bumboat ferry boat or other vessel as is hereinbefore provided shall let
or hire or cause to be let or hired any such lighter bumboat ferry boat or other
vessel within the waters of the said Colony or shall show a false certificate of
registry or one granted for another vessel, or shall permit or connive at the said
certificate being made use of for another vessel, or shall paint or exhibit a false
number on the said lighter bumboat ferry boat or other vessel he shall for every such
offence forfeit and pay a sum not exceeding twenty-five dollars, and be liable to confis
cation of the boat on non -payment of the fine.
14. And be it further enacted and ordained that all masters of Chinese vessels Masters of
Chinese vessels
frequenting the waters of this Colony shall report themselves immediately upon their to report
themselves.
arrival in such waters and previous to their departure to the registering officer who
shall grant them a certificate of entry or clearance or if he see cause to withhold the
certificate of clearance, he shall report the same to Government.
15. And be it further enacted and ordained that every master of a Chinese vessel Penalty for
neglect.
who shall not conform to the provisions of the section hereinbefore last mentioned shall
forfeit and pay a sum not exceeding twenty dollars.
16. And be it further enacted and ordained that if any person shall wilfully conceal Penalty on
evasion of this
or falsify the particulars of any information required of him for the purposes of this Ordinance in
cases not
otherwise
Ordinance or shall on applying to be registered give a false name or description or shall provided for.
104 ORDINANCES Nos. 18 AND 19 OF 1844 .
Registration and Census. Harbour Regulation.
transfer or lend his registration ticket to any other person or shall wear or show the
registration ticket of another as his own for the purpose of evading the provisions of
this Ordinance, or shall refuse or fail to comply with any provisions of this Ordinance
he shall where no other penalty is hereinbefore specially provided be liable to a penalty
not exceeding fifty dollars.
Power to 17. And be it further enacted and ordained that in order to provide for the
Governor in
Council to vary
by proclamation changing circumstances of the said Colony it shall and may be lawful from time to
the provisions
of this time for the Governor and Executive Council by proclamation made in the usual
Ordinance.
manner to alter or vary the several provisions of this Ordinance.
Recovery of 18. And be it further enacted and ordained , that all penalties enforced by this
penalty.
Ordinance shall be recovered in a summary manner before any Police Magistrate and
that one moiety thereof shall go and be paid to the informer and in default of payment
and on failure of any sufficient distress the party shall be liable to imprisonment with
hard labor for any time not exceeding two calendar months.
Provided always that the penalty of imprisonment shall not in any case attach to
the violation of any of the provisions hereinbefore contained respecting the returns to
be made by any householder for the purpose of any census, so required as hereinbefore
mentioned and it is hereby further ordained and provided that in the interpretation of
this Ordinance every word importing the singular number only shall extend and be
General applied to several persons as well as one person and every word importing the mas
interpretation. culine gender only shall extend and be applied to a female as well as a male unless
when such rule of interpretation shall be inconsistent with the context of this Ordinance.
[ Repealed by Ordinance No. 7 of 1846. ]
No. 19 of 1844.
Title . An Ordinance for the better regulation of the Harbour and surrounding
Waters of the Island of Hongkong .
[ 26th November, 1844. ]
Preamble. HEREAS from the vicinity of the said Island to the mainland and from the
W circumstance of a considerable portion of the Chinese dwelling in boats and
the general necessity of introducing harbour and police regulations into the surrounding
waters of the said Island it is expedient and necessary that concerning the same present
and future regulations should be made :
Powers to Gov Be it therefore enacted by His Excellency the Governor of Hongkong with the
ernor in Council
from time to time advice of the Legislative Council thereof that it shall and may be lawful to and for the
to make laws and
regulations for said Governor with the advice of the Executive Council of the said Island from time
the harbour and
surrounding to time after the passing of this Ordinance to publish and declare such laws rules and
waters ofthe
ORDINANCES Nos . 19 AND 20 OF 1844. 105
Harbour Regulation. Martial Law.
regulations to be enforced by such fines and penalties as to him shall seem fit for the Island of Hong
kong ; such laws
better regulation of the harbour and surrounding waters of the Island of Hongkong, and regulations
to have the same
and that all such rules and regulations after being duly published in the newspaper or force and effect
as any ordinance
passed by the
Gazette used at the time for Government advertisements, shall respectively have the said Governor
with the advice
force and effect of any ordinance which might be passed by the said Governor with of the Legislative
Council.
the advice of the said Legislative Council.
[ Repealed by Ordinance No. 11 of 1845. ]
No. 20 of 1844 .
An Ordinance to empower the Governor of Hongkong with the advice of Title.
the Executive Council thereof in cases of exigency, to place any
Districts or Public or Military Stations of the said Island under
Martial Law.
[ 26th November , 1844. ]
HEREAS , it has been found that from the vicinity of the said Island to the Preamble.
W mainland of China a facility is afforded to armed and predatory parties of
landing in considerable numbers on the said Island of Hongkong : And whereas from
the yet unformed state of the Colony a considerable Police force is not of sufficient
ability to afford Her Majesty's subjects resident thereon adequate protection .
1. Be it therefore enacted and ordained by the Governor of Hongkong with the Power to Gov
ernor with the
advice of the Legislative Council thereof that from and after the passing of this advice ofthe Exe
cutive Council
to declare any
Ordinance it shall and may be lawful to and for the said Governor with the advice of district or public
or military post
the Executive Council of the said Island when and so often as the exigency of the case of the said Island
to be under mar
may seem to him and them to require such procedure, to declare by any public pro tial law by pro
clamation.
clamation or proclamations made in the usual manner and form that in and throughout
any certain district or in any public or military station of the said Island martial law
shall prevail, or that such place shall be under the control and governmentof such
law by the force and effect of such proclamation.
2. And be it further enacted and ordained that any such proclamation shall from Proclamation
to have the effect
and after the publication thereof have the full force and effect as of an ordinance passed of an ordinance.
by the said Governor with the advice of the Legislative Council of the said Island .
[Disallowance Proclaimed, 19th August, 1845.]
106 ORDINANCE No. 21 OF 1844 .
Salt, Opium Licensing &c.
No. 21 of 1844 .
Title. An Ordinance for licensing the Sale of Salt Opium Bhaang Ganja Paun
Betel and Betel -leaf within the Colony of Hongkong and for the
licensing of Pawnbrokers and Auctioneers with a Table of Fees on
Official Licences and Signatures .
[ 26th November , 1844. ]
Preamble. HEREAS it is expedient to raise such funds as may be necessary to defray the
W civil expenses of the Colony of Hongkong and its dependencies.
No person to act 1. Be it therefore enacted and ordained with a view to the part performance of
as weigher or
broker of salt or such object by His Excellency the Governor of Hongkong with the advice of the
retail opium
bhaang ganja
paun betel or Legislative Council thereof : That no person shall within the said Island of Hongkong
betel-leaf
without a licence or its dependencies or the waters thereof carry on the trade or occupation of a weigher
for that purpose.
or broker of salt or sell or retail any opium bhaang ganja paun betel or betel -leaf in
a smaller quantity than one chest for consumption without having previously obtained
a licence for that purpose from the Governor for the time being in Council .
Power given to 2. And be it further enacted and ordained that it shall be lawful for the Governor
Governor in
Council to grant
such licences to for the time being in Council to grant by licence to one or more persons the exclusive
one or more
persons. right and privilege of exercising the trade or occupation of a broker or weigher of
salt and of selling or retailing opium bhaang ganja paun betel and betel-leaf for
consumption in any quantity less than one chest within the said Colony and its
dependencies and the waters thereof.
Licences how to 3. And be it further enacted and ordained that the said licence or licences shall
be granted.
be granted to the highest bidders to be ascertained either by public auction or by
tenders to be sent in, in pursuance of public notice to that effect, and on such conditions
relative to the giving of security for the payment of the sum tendered and for the
maintenance of good order and the prevention of riots or disturbances among the
persons engaged in the salt-trade or on the premises of persons retailing or selling
opium bhaang ganja paun betel and betel-leaf for consumption within the said Colony
of Hongkong or its dependencies or the waters thereof and subject to such other
regulations in all respects as from time to time to His Excellency the Governor with
the advice of the said Executive Council may seem fit.
Penalty for 4. And be it further enacted and ordained that if any person without having
weighing salt or
retailing opium obtained such licence as aforesaid or the permission or authority of the person so
bhaang ganja
pann betel and licensed as aforesaid shall exercise or carry on the trade or occupation of weighing
betel-leaf
contrary to law
and regulations . salt within the said Colony of Hongkong and its dependencies or the waters thereof
or shall sell or retail opium bhaang ganja paun betel and betel-leaf for consumption
in any quantity less than one chest or shall infringe any of the regulations from time
to time established by the Governor in Council under the authority of this Ordinance
he shall be liable to a penalty not exceeding five hundred dollars to be recovered in
a summary manner before any Magistrate of Police and in default of the said penalty
ORDINANCE No. 21 OF 1844 . 107
Salt, Opium Licensing &c.
being duly paid after conviction the same shall be levied by distress in the usual man
ner on the offender's goods and chattels and if there be no sufficient distress every such
offender shall be liable to imprisonment for a period not exceeding six calendar
months.
5. And be it further enacted and ordained that it shall and may be lawful to and Power to
Governor in
for the said Governor in Council from time to time to make such further regulations Council to make
regulations from
time to time.
or orders as to him shall seem fit, respecting the weighing or vending of salt or
opium bhaang ganja paun betel and betel -leaf with a power to enforce the same by
such penalties as shall seem expedient, provided always that such penalties shall not
exceed those hereinbefore imposed.
6. And be it further enacted and ordained that it shall and may be lawful to and Power to
Governor in
for the said Governor with the advice of the said Council to make hereafter all such Council to make
like regulations
for the farming
rules and regulations as to him may seem expedient concerning the farming selling selling and
retailing of
and retailing of bhaang ganja paun betel and betel-leaf and that in the making bhaang ganja
pann betel and
and enforcing of such rules and regulations he shall be vested with all and singular the betel-leaf as for
opium.
powers and authority hereby vested in him with respect to the farming selling and
retailing of opium.
7. And be it further enacted and ordained that no person shall exercise or carry No person to act
as pawnbroker
on the trade or occupation of a pawnbroker or of an auctioneer or shall keep a public auctioneer or
keep public
billiard table
billiard table without having previously obtained a licence from the Governor for the without a
licence.
time being in Council which licence shall endure for the space of one year from the
date thereof provided always that every person taking out a pawnbroker's or an
auctioneer's licence or licence for a public billiard table shall pay into the Colonial
Treasury such sums as to His Excellency the Governor with the advice of the
Executive Council may seem fit the said sums to be paid previous to the granting of
such licence or licences.
8. And be it further enacted and ordained that if any person shall without having Penalty $200.
obtained such licence as aforesaid carry on or exercise the trade or occupation of a
pawnbroker or auctioneer or keep a public billiard table or either or any of them
or shall be convicted of exposing for sale or putting up any thing whatever to public
auction or of taking any thing whatever in pawn he shall be liable to a penalty not
exceeding two hundred dollars to be recovered in a summary manner before any Police
Magistrate and in default of payment the same to be levied by distress of his goods and
chattels.
9. And be it further enacted and ordained that the Governor in Council if he see Auction duty
of 2 per cent.
fit shall be empowered to levy an auction duty of two-and -a-half per cent on all sales
by auction within this Colony.
10. And be it further enacted and ordained that every person who shall act as an Auctioneer to
make quarterly
auctioneer in the said Colony shall make and give at the office of the Colonial returns on oath
and deduct
auction duties.
Secretary once in every three months a faithful and true return on oath of all the sums
received at sales made by him as auctioneer within the said three months and that
108 ORDINANCES Nos . 21 AND 22 OF 1844.
Salt, Opium Licensing &c. Weights and Measures.
every such auctioneer shall from every sum received by him on the sale of any article
by him in that capacity deduct the sum sanctioned under this Ordinance and pay the
amount thereof into the Colonial Treasury quarterly and it is hereby declared that any
such auctioneer failing duly to comply with the provisions of this section shall be
considered to have forfeited his licence and such licence shall be absolutely void by
such neglect or default.
Table of official 11. And be it further enacted and ordained that the following official fees as set
fees to be levied
after the
passing of this forth in the annexed table shall be levied and made payable from and after the passing
Ordinance.
of this Ordinance all fees so levied to be paid into the Colonial Treasury.
TABLE OF FEES TO BE LEVIED AS FOLLOWS :
For granting a marriage licence $5
For the signature ofthe Governor "" 5
For the signature of the Colonial Secretary 99 2
A fee amounting to per cent on the annual value or salary of any commissions
or appointments by His Excellency the Governor.
[ Repealed by Ordinance No. 5 of 1845.]
No. 22 of 1844.
Title. An Ordinance for establishing Standard Weights and Measures, and for
preventing the Use of such as are False and Deficient .
[ 30th December , 1844. ]
Preamble. THEREAS it is necessary to provide against the use of fraudulent weights and
WH measures in Hongkong and its dependencies, and for that purpose to establish
certain standards by which all other weights and measures may be regulated , and to
prohibit the use of any other weights and measures than such as shall agree with such
standards : And whereas certain weights and measures of the standard now in force
and in use in China and the United Kingdom of Great Britain and Ireland (schedules
whereof marked with the letters A. and B. are hereunto annexed) have been deposited
in the Colonial Treasury in the town of Victoria :
Certain weights 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with the
and measures in
the Colonial advice of the Legislative Council thereof, that the said several weights and measures
Treasury,
Victoria,
declared to be deposited in the Colonial Treasury in Victoria as aforesaid shall be there safely kept ,
standards.
and shall be, and they are hereby declared to be, the standard weights and measures of
Hongkong.
ORDINANCE No. 22 OF 1844 . 109
Weights and Measures.
2. And be it further enacted, that it shall be lawful for the Governor of the said Copies of such
standards to be
Colony to cause copies and models of the several weights and measures so deposited in made by order
of the Governor,
and having been
the Colonial Treasury in Victoria as aforesaid to be carefully made, and upon every verified and
marked, to be
such weight or measure being verified before such Governor, and approved of by him, deposited with
the Magistrate
to cause a mark or stamp to be legibly impressed or engraven thereon, to shew that of Police and
others.
the same hath been so verified and approved : and such mark or stamp shall consist of
such letters and figures as are commonly used to signify Her Majesty's name or
mark, together with S. W. or S. M. signifying standard weight or standard measure as
the case may be, and the number of pounds or other denomination of such weight or
measure ; and such copies or models, after being so verified, approved, and marked,
shall be deposited with all Magistrates of Police, and such other proper persons as
may be appointed, and shall be by them respectively, safely and securely kept for the
purpose of reference as hereinafter directed ; and if any such person shall falsify or Penalty if
Magistrate or
otherwise wilfully injure such copies or models so deposited with him as aforesaid, he other person
shall falsify or
shall, on conviction thereof in a summary manner, forfeit and pay for every such wilfully injure
such copies.
offence the sum of one hundred dollars.
3. And be it further enacted, that in case any of the said standard weights or In case of
standards or
measures, or the copies or models thereof, shall be lost, destroyed, defaced, or other copies being
lost, others to be
supplied.
wise injured, another weight or measure shall be provided with the approbation of the
Governor for the time being, of the same size and weight or measure as the weight or
measure so lost, destroyed, defaced, or otherwise injured, and the same shall thereupon
be deemed to be a true and genuine weight or measure to all such and the like intents
and purposes as the weight or measure which shall have been lost, destroyed, defaced,
or otherwise injured.
4. And be it further enacted, that all persons who may be desirous of comparing Persons to have
access to such
and adjusting any weights and measures, shall have access to all such copies and copies at all
reasonable times.
models of the standards so deposited as aforesaid at all reasonable times ; and it shall
be the duty of the respective Magistrates of Police, and such other persons as aforesaid, Magistrates and
others to
compare and
to compare every such weight and measure as shall be brought before them respectively stamp such
weights and
with such copies or models as aforesaid, and to stamp them accordingly with such measures as
shall be brought
marks as are herein aforesaid , without taking any fee or reward therein . before them for
that purpose.
5. And if any such Magistrate or other person shall fail, neglect, or refuse to Penalty ifthey
shall neglect or
compare or stamp any such weights and measures at all such reasonable times as he or refuse.
they shall be thereunto required, he shall on conviction forfeit and pay the sum of
fifty dollars, to be recovered in a summary manner in manner aforesaid .
6. And be it further enacted , that as soon as conveniently may be after the taking Persons to be
appointed to
effect of this Ordinance, the * Chief Magistrate of Police in Hongkong shall be, and he examine
balances,
weights, and
is hereby directed to appoint one or more person or persons, who shall have power to measures.
[ * See Ord. No. 6
examine the balances , weights, and measures in Hongkong, and shall be duly sworn of 1862.]
well and faithfully to execute the office in him or them reposed by virtue of such
appointment and of this Ordinance, which oath the said Chief Magistrate of Police is
hereby directed and empowered to administer.
110 ORDINANCE No. 22 OF 1844 .
Weights and Measures.
Examiners, 7. And be it further enacted , that it shall and may be lawful to and for the person
when so
directed, to visit
shops, &c., and or persons so to be appointed examiners as aforesaid, and they are hereby required, as
seize false or
deficient often as may be necessary, in the day-time to enter into the shop, house, mill,
balances,
weights, and store, outhouse, and other places near to such shop, mill, store, or house, and into the
measures.
stall or standing-place of any person or persons who shall sell by weight or measure
any wares, provisions, goods, or merchandise, or any liquid or dry goods, or other
articles whatsoever, and then and there to search for, view, and examine all balances,
and all weights and measures of length and capacity therein, and to seize any false or
unequal balance or balances, and any weight or weights, measure or measures, being
fraudulently stamped , or not being according to the standards, or the copies or models
thereof, as hereinbefore is mentioned , which shall upon such search be found therein
and to detain the same to be produced before any Justice of the Peace for the
Upon conviction district or place within which any such balance, weight, or measure shall have been
false weights
and measures to seized as aforesaid ; and such Justice of the Peace is hereby authorized and required to
be destroyed .
inquire into, hear, and determine in a summary way, all informations , matters, and
things touching such seizures, and the person or persons in whose shop, house , mill,
store-house, outhouse, premises, stall, or standing-place, any such false, deficient, or
fraudulently stamped balance or balances, weight or weights, measure or measures , shall
be found, shall, upon conviction thereof, forfeit all such false, deficient, or fraudulently
stamped balances, weights, and measures, which balances, weights, and measures, so
forfeited, shall be broken or otherwise disposed of, as such Justice before whom such
And offender to conviction shall have taken place shall order and direct, and shall also forfeit and pay
forfeit a sum not
exceeding one for every such false, deficient, or fraudulently stamped balance, weight, or measure, such
hundred dollars.
sum of money, not exceeding the sum of one hundred dollars , as the said Justice
before whom any such person or persons shall be convicted shall in his discretion order
and adjudge .
Penalty on 8. And be it further enacted, that if any person shall wilfully obstruct, hinder,
persons
obstructing
examiners, or resist, or in anywise oppose any of the persons hereby authorized and empowered to
refusing to
produce view and examine such balances, weights , and measures, in the execution of his office,
balances,
weights, or or if any person, selling by weight or measure shall refuse to produce his balances,
measures for
examination. weights, or measures, in order to be viewed or examined, he shall for every such offence
forfeit and pay any sum not exceeding two hundred dollars, nor less than fifty dollars .
No person to sell 9. And be it further enacted , that from and after the first day of February, one
by any other
than the thousand eight hundred and forty-five, it shall not be lawful for any person to bargain ,
standard
weights and
measures. sell, deliver in payment, barter, or exchange, any goods, wares, merchandise, or other
thing, by any other weights and measures than by such as shall agree with the said standard
weights and measures, or the copies or models thereof, as aforesaid (except as herein
after excepted , ) upon pain of forfeiting for each and every such offence the sum of
Not to apply to one hundred dollars, to be recovered in a summary way ; Provided, however, that
contracts made
previous to nothing hereinbefore contained shall apply to contracts or bargains for the sale,
commencement
of Ordinance.
exchange, or delivery of any goods, wares, merchandise, or other thing bona fide made
ORDINANCE No. 22 OF 1844. 111
Weights and Measures.
and entered into before the said first day of February, one thousand eight hundred
and forty-five ; but that all goods, wares, merchandise, and other thing so contracted
and bargained for, as last aforesaid, shall and may be sold and delivered according to
the ratio and proportion which the weights or measures in use in the Colony at the
time such contracts or bargains shall have been made shall bear to the standard weights
and measures established by this Ordinance.
10. And be it further enacted, that in every sale, barter, and exchange of any For stricken
measures.
goods, or things which are not commonly or which shall not be contracted or agreed to
be delivered by heaped measure, the measure shall not be heaped, but shall be stricken
with a round stick or roller straight and of the same diameter from end to end.
11. And be it enacted , that all fines and penalties provided by this Ordinance Fines &c. to be
levied and
shall (except when it is otherwise specially provided) be recovered, levied, and distri distributed in
manner provided
buted, on the offender being convicted in a summary way before any Magistrate of by Ordinance
No. 10 of 1844.
Police, or before any two Justices of the Peace, in the manner provided by Ordinance
No. 10 of 1844.
12. And be it further enacted, that nothing in this Ordinance contained shall be Not to apply to
the sale of
deemed or taken to extend or apply to the sale of medicines or precious metals , or medicines or
precious metals
precious stones , nor to the weights or measures bonâ fide used for the sale thereof. or stones.
13. And be it further enacted, that this Ordinance shall commence and take effect Commencement
of Ordinance.
from and after the first day of February, one thousand eight hundred and forty-five.
SCHEDULES TO WHICH THIS ORDINANCE REFERS .
A.
WEIGHTS .
10 Candareen or 分 Fun, make one Tseen, (Mace .)
10 Mace 39 錢 Tseen, "" 兩 Leang, (Tael. )
16 Taels 29 兩 Leang, در 斤 Kin, (Catty. )
100 Catties 担
+ Tam, (Picul.)
斤 Kin,
1 Picul "" 担 Tam, "" 石 Shik, (Stone. )
MEASURES OF LENGTH.
10 Fun, make one
寸 Tsun.
10 Tsun, + "" Chih. (or Covid. )
10 Chih, R 33 丈 Chang.
10 Chang, 99 引 Yin.
112 ORDINANCE No. 22 OF 1844.
Weights and Measures.
MEASURES OF GRAIN.
6 Suh, 粟 make one 圭 Kwei.
10 Kwei, 99 Tsoh, (or Pugil. )
10 Tsoh, 39 Chau, (or Handful . )
10 Chau, Choh, (or Ladle.)
5 Choh, "" Yoh, (or Cup. )
2 Yoh, "" Koh, (or Gill.)
10 Koh, A "" Shing, (or Pint. )
10 Shing, 27 Taw.
5 Taw, 39 #Hoh.
B.
LIST OF STANDARD WEIGHTS AND MEASURES DEPOSITED IN THE
COLONIAL TREASURY, HONGKONG.
Standard Weights, English. Standard Measures of Length.
Fifty-six Pounds. One Yard.
Twenty-eight Pounds. One Foot.
Fourteen Pounds. One Inch.
Seven Pounds.
Standard Measures of Capacity.
Avoirdupois Four Pounds.
Two Pounds. One Bushel.
One Pound . One Half Bushel.
One Half Pound. One Peck.
One Quarter Pound. One Gallon.
Two Ounces. One Half Gallon.
One Ounce. One Quart.
Eight Drams. One Pint.
Troy
Four Drams. One Half Pint.
Two Drams. One Gill.
One Dram. One Half Gill.
[Repealed by Ordinance No. 8 of 1885.]
ORDINANCES Nos . 1 AND 2 OF 1845 . 113
Triad and Secret Societies. Rating.
No. 1 of 1845.
An Ordinance for the suppression of the Triad and other secret Societies Title.
[See Ord. No. 12
of 1815.]
within the Island of Hongkong and its Dependencies.
[ 8th January, 1845. ]
HEREAS the Triad society and other secret societies prevalent in China exist Preamble.
W H among the inhabitants of the Island of Hongkong and whereas these associa
tions have objects in view which are incompatible with the maintenance of good order
and constituted authority and with the security of life and property and afford by
means of a secret agency increased facilities for the commission of crime and for the
escape of offenders.
1. Be it therefore enacted and ordained by the Governor of Hongkong with the Member of Triad
and other secret
advice of the Legislative Council thereof that from and after the passing of this Or Societies guilty
offelony.
dinance if any person or persons being of Chinese origin in the said Island or its
dependencies shall be a member or members of the Triad society or other secret socie
ties as aforesaid he she or they shall in consequence thereof be guilty of felony and
being duly convicted thereof shall be liable to be imprisoned for any term not exceed
ing three years with or without hard labour and at the expiration of such term of
imprisonment that such person shall be marked on the right cheek in the manner
usual in the case of military deserters and be expelled from the said Island. [ So as it
can be construed to provide any penalty against members of any secret society other than the
Triad society under that or any assumed name repealed by Ordinance No. 12 of 1845. ]
[ Repealed by Ordinance No. 8 of 1887. ]
No. 2 of 1845.
An Ordinance to raise an assessed Rate on Lands, Houses, and Premises , Title.
within the Colony of Hongkong, for the Upholding of the requisite
Police Force therein .
[ 23rd May, 1845. ]
HEREAS it is deemed expedient and necessary that the Colony of Hongkong Preamble.
W should defray the Expenses attendant on the upholding and maintaining the
――――
Police Force thereof :
1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Governor to
appoint valuators
advice of the Legislative Council thereof, that it shall and may be lawful to and for of the lands,
houses, and
the said Governor, with the advice of the Executive Council, from time to time to premises within
the Island . [See
appoint two or more persons for the purpose of estimating the annual value of the Ord. No. 3 of
1851.]
114 ORDINANCE No. 2 OF 1845 .
Rating.
lands , houses, and premises , within the said Island, or within any particular district
thereof, which shall be in the tenure or occupation of any person or persons ; and the
said valuators shall, when thereunto required, make a return in writing and on oath of
such valuation to the said Governor and Council ; and also at the time of having valued
each property respectively, he or they shall leave or cause to be left with some inmate
or the proprietor thereof, a written notification of their having made such valuation,
and of the amount thereof.
Valuation may be 2. And be it further enacted and ordained , that for the purposes of this Ordinance,
made annually.
the said Governor and Council may cause a new valuation to be made annually.
Assessment to be 3. And be it further enacted and ordained that for the purpose of levying the
made on the
annual valuation, said rate, a percentage at such an amount in the hundred as may annually be
and provision for
periods of determined on by the Governor, with the advice of the Executive Council, not exceeding
payment, notice
of assessment,
period of such a sum as shall be equal to the expenses of the Police establishment, shall be
payment, and
remedy for non assessed and paid in respect of every such valuation by the occupier, or owner of each
payment.
parcel of ground , house, or building, within such time and times as the said Governor,
with the advice of the said Council, shall direct, or as is hereinafter provided. In the
absence of such direction, and in default ofthe same being so paid, it shall be lawful for
any person or persons appointed to collect the said tax, to apply to the Chief
Magistrate of Police of the Island , who shall, on satisfactory proof of the same having
been duly demanded, and being due and unsatisfied, grant his warrant to levy the same
by distress of any goods on or in the lands, houses, or premises so rated ; and that
any such rate, while unpaid, shall be a lien on the property so assessed or charged
therewith : Provided always, that when and so often as any assessment shall be made
on any such valuation , the particulars and nature of such assessment shall be published
in one or more public newspapers of the said Colony.
Charitable 4. Provided always, that all religious edifices, hospitals, cemeteries , and buildings
institutions
exempted from strictly and exclusively appropriated to charitable purposes, and not being used as
assessment.
dwelling-houses, shall be exempted from assessment under this Ordinance.
Provisions forthe 5. And be it hereby enacted and ordained , that the Governor, with the advice of
appointment of
collectors. the Executive Council, shall have power to appoint such officer or officers as may be
deemed requisite for the collection of the rate leviable under this Ordinance, allowing
him or them, as remuneration for this service, such a percentage as to the Governor
in Council shall seem fit.
Collectors to 6. And be it hereby enacted and ordained, that as soon after the first day of
make annual
returns and January in each year as may be found practicable, the officer collecting the assessment
provision for
their publication. under this Ordinance shall prepare a detailed statement exhibiting the sums collected
during the preceding year, and the said statement, duly attested by the said officer,
shall be inserted in some newspaper published within this Colony, and shall also be
open to general inspection at the office of such officer for one month from and after the
date of its publication .
ORDINANCE No. 2 OF 1845 . 115
Rating.
7. And be it hereby enacted and ordained , that the said rate shall be payable Rate payable
quarterly in
advance.
quarterly in advance, unless otherwise prescribed and directed, as hereinbefore
mentioned, and that it shall be charged and chargeable on the lands, dwelling-houses,
and premises respectively assessed at the time of such assessment.
8. And be it hereby enacted and ordained, that the owner of any land, dwelling Exemption as to
property not let,
house, or premises assessed, which may not be let to any tenant, shall be deemed the occupied, or
used.
occupier thereof : Provided always, that if such owner can show that the property
has not been inhabited for a period of three months or upwards in any year, he
shall be entitled to a proportional abatement of assessment levied on the same for the
said year.
9. Provided always, that if any person from whom payment of the assessment Appeal against
assessment after
leviable under this Ordinance may have been demanded, and who shall have already payment thereof.
paid in the amount demanded of him, objects to the demand on any other ground than
that of valuation, it shall be competent to such person, after payment of the amount
demanded, to appeal against such demand to the Chief Justice of the Supreme Court
at such time and place as the said Chief Justice may be pleased to direct ; or that if
any person be dissatisfied, or objects to any valuation to be made under this Ordinance
on the ground of over- valuation , he or they may, within the period of three calendar
months after such valuation , or when the said Chief Justice may appoint or direct, appeal
to him against such valuation , and that it shall be lawful for him , if he deem it advisable
or necessary, to have any three persons taken from the existing list of special jurors to
assist him in ascertaining the question of value which may arise on any such appeal .
10. And be it further enacted and ordained, that it shall and may be lawful for Districts may be
exempted.
the said Governor, with the advice of the said Executive Council, to exempt such
districts or portions of the said Island from the operation of this Act, or from the
payment of the said rates, as to him and them may seem advisable.
11. And be it hereby enacted and ordained, that no assessment made under the Interpretation
clause.
authority of this Ordinance shall be impeached or affected by reason of any mistake
in the name of any person liable to assessment, or of any thing chargeable with
assessment, provided the directions of this Ordinance be in substance and effect
complied with .
12. And be it further enacted and ordained , that this Ordinance shall come into
operation and take effect from and after the first day of July next ensuing.
[ Repealed by Ordinance No. 5 of 1863. ]
116 ORDINANCE No. 3 OF 1845 .
Tobacco, &c. Licensing.
No. 3 of 1845.
Title. An Ordinance for Licensing the Retail of Tobacco and Snuff, within the
Colony of Hongkong, and the waters thereof.
[ 7th July, 1845. ]
Preamble. HEREAS it is expedient to make further provision towards defraying the civil
WH expenses of the Colony of Hongkong.
No person to 1. Be it thereof enacted and ordained by the Governor of Hongkong, with the
retail cigars, che
roots, snuff, or advice of the Legislative Council thereof, that from and after the first day of October
tobacco, without
a licence for that
purpose. next, no person or persons shall sell, or barter, or retail cigars, cheroots, snuff, or
tobacco, manufactured or unmanufactured, in less quantities or weights than those
hereinafter specified , without first duly having had and obtained such licence as is
hereinafter directed for that purpose : That is to say ; No person shall vend , sell , or
barter cigars and cheroots in less number than one thousand thereof at a time, or
snuff in a smaller quantity than 1 b. weight, or tobacco, manufactured or unmanufac
tured, (except prepared in the state of snuff, ) in a smaller or less quantity than 2 lbs.
weight thereof at a time, without such licence for that purpose .
Licence how to 2. And it is hereby provided, that every such licence shall be obtained from, and
be granted, and
particulars there granted by, the Colonial Secretary, on payment of a fee of twenty dollars, who shall
of.
duly register the issuing thereof, and that the said licence shall continue and be in
force from the day of the issuing thereof for a period of twelve months from the date
of its being issued, which shall be duly specified in the said licence.
Penalties impos 3. And be it further enacted and ordained, that if from and after the time limited
ed for the infrin
gement or viola for this Ordinance to come into operation and effect, any unlicensed person or persons
tion ofthis Ordi
nance. shall sell, vend, barter, or retail cigars, cheroots, snuff, or tobacco, manufactured or
unmanufactured , in less quantities or weights at a time than as above prescribed and
mentioned, he or they, for every such offence, shall be liable to a penalty not exceeding
two hundred dollars, to be recovered in a summary manner before any Magistrate of
Police, and in default of said penalty being paid after conviction , the same shall be
levied by distress and sale of the offender's goods and chattels, and if there be no suf
ficient distress, every such offender shall be liable to imprisonment for a period not
exceeding one calendar month. Provided always, that in case any such conviction
shall take place and be had on the evidence of any common or public informer, he or
she shall be entitled to one moiety of said penalty.
[ Repealed by Ordinance No. 2 of 1858.]
ORDINANCES Nos . 4 AND 5 OF 1845 . 117
Licensing Public Houses &c. Salt and Opium.
No. 4 of 1845.
An Ordinance to amend Ordinance No. 11 of 1844 , entitled " An Ordi Title.
66
nance for Licensing Public Houses, and for Regulating the Retail
"of Fermented and Spirituous Liquors in the Colony of Hong
" kong."
[ 7th July, 1845. ]
HEREAS in and by the said Ordinance No. 11 of 1844, a sum of fifty dollars Preamble.
W is made payable on the issuing or registering of each licence for keeping a
public house, and the other purposes in said Act specified ; And whereas it is Fee on future
licences and
expedient that the said sum or fee of fifty dollars should be increased to the sum of renewals to be
raised to $ 100.
one hundred dollars : Be it therefore enacted and ordained by the Governor of
Hongkong, with the advice of the Legislative Council thereof, that from and after
the passing of this Ordinance, the fee payable for and upon all such licences mentioned
in said Ordinance ( No. 11 of 1844, ) and on all renewals thereof as may hereafter be
granted or issued , shall be a sum of one hundred dollars in the place and stead of
the said fee of fifty dollars.
[ Repealed by Ordinance No. 7 of 1858. ]
No. 5 of 1845 .
An Ordinance to repeal Ordinance No. 21 of 1844 , and to make better Title.
Provision for licensing the Weighing and Brokerage of Salt, and the
Sale of Opium , Bhaang, Ganja, Paun, Betel , and Betel -leaf, within
the Colony of Hongkong, and for the Licensing of Pawnbrokers
and Auctioneers , with a Table of Fees on official Licences and
Signatures.
[ 12th July, 1845. ]
HEREAS it is expedient to raise such funds as may be necessary to defray Preamble.
W the civil expenses of the Colony, and to amend the said Ordinance No. 21
of the year 1844 :
1. Be it therefore enacted and ordained, with a view to the part performance of No person to act
as a broker or
such objects by His Excellency the Governor of Hongkong, with the advice of the weigher ofsalt,
or retail opium,
Legislative Council thereof, that said Ordinance be and is hereby repealed, and that bhaang, ganja,
paun, betel, or
betel-leaf,
no person shall, within the said Colony of Hongkong or its dependencies, or the without a
licence.
waters thereof, carry on the trade or occupation of a broker or weigher of salt, or
118 ORDINANCE No. 5 OF 1845 .
Salt and Opium.
barter, sell, or retail any opium in a smaller quantity than one chest, or barter, sell ,
or retail bhaang, ganja, paun, betel, and betel-leaf in any less quantity than may
hereafter be determined in manner hereinafter mentioned, without having previously
obtained a licence for that purpose from the Governor for the time being in the
Executive Council.
Powers of the 2. And be it further enacted and ordained , that it shall be lawful for the said
Governor with
respect to the
granting of such Governor for the time being in said Executive Council to grant by licence to one or
licences.
more persons the exclusive right and privilege of exercising the trade or occupation
of a broker or weigher of salt, or of selling or retailing opium in any quantity less
than one chest, and of selling and retailing bhaang, ganja, paun , betel, and betel-leaf
in any quantity less than that which may be determined on from time to time
hereafter by the said Governor, with the advice of the said Council within the Colony
of Hongkong and its dependencies, and the waters thereof.
Provisions re 3. And be it further enacted and ordained, that the said licence or licences
specting the
granting of such shall be granted to the highest bidders for the same respectively, to be ascertained by
licences.
public auction, or by tenders to be sent in, in pursuance of public notice to that effect,
and on such conditions relative to the giving of security for the payment of the sum
tendered, and for the maintenance of good order, and the prevention of riots or
disturbances among the persons engaged in the salt trade, or on the premises of
persons retailing or selling opium, bhaang, ganja, paun, betel, and betel-leaf, under
such licence or licences, within the said Colony of Hongkong or its dependencies, or
the waters thereof, and subject to such other regulations in all respects as from time
to time to His Excellency the Governor, with the advice of the said Executive
Council, may seem fit.
Penalties impo 4. And be it further enacted and ordained, that if any person , without having
sed on unlicensed
dealers. obtained such licence as aforesaid , shall exercise or carry on the trade or occupation
of weighing salt within the said Colony of Hongkong and its dependencies , or the
waters thereof, or shall sell, barter, or retail opium in any quantity less than one
chest, or sell, barter, or retail bhaang, ganja, paun, betel, and betel-leaf, in any
quantity less than may be so determined on in Council as aforesaid, or shall infringe
any of the regulations after public notice thereof, from time to time to be established
――――――
by the Governor in Council under the authority of this Ordinance, he shall be liable
to a penalty not exceeding five hundred dollars, to be recovered in a summary manner
before any Magistrate of Police ; and in default of the said penalty being duly paid
after conviction, the same shall be levied by distress and sale of the offender's goods
and chattels ; and if there be no sufficient distress, every such offender shall be liable
to imprisonment for a period not exceeding six calendar months.
Power reserved 5. And be it further enacted and ordained, that it shall and may be lawful to
to the Governor
in Council to and for the said Governor in Council from time to time to make such further
make further
regulations
from time to regulations or orders as to him shall seem fit, respecting the weighing or brokerage
time.
of salt, or the sale of opium, bhaang, ganja, paun, betel, and betel-leaf, with the power
ORDINANCE No. 5 OF 1845 . 119
Salt and Opium.
to enforce the same by such penalties as shall seem expedient, provided always that
such penalties shall not exceed those hereinbefore imposed .
6. And be it further enacted and ordained , that it shall and may be lawful to Power to Gov
ernor in Council
and for the said Governor, with the advice of the said Council, to make hereafter all to make like
regulations for
the farming,
such rules and regulations as to him may seem expedient concerning the farming, selling, and
retailing of
selling, and retailing of bhaang, ganja, paun, betel, and betel-leaf, and that in the bhaang, ganja,
paun, betel, and
making and enforcing of such rules and regulations he shall be vested with all and betel-leaf, as
for opium.
singular the powers and authority hereby vested in him with respect to the selling,
farming, and retailing of opium.
7. And be it further enacted and ordained, that no person shall exercise or carry No person to act
as pawnbroker
on the trade or occupation of a pawnbroker or of an auctioneer, or shall keep a public or auctioneer,
or keep a public
billiard table,
billiard table, without having previously obtained a licence from the Governor of without a licence
for such
Hongkong for the time being in Council, which licence shall endure for the space of purposes.
one year from the date thereof : Provided always, that every person taking out a
pawnbroker's or an auctioneer's licence, or a licence for a public billiard table, shall
pay into the Colonial Treasury such sums as to His Excellency the Governor, with
the advice of the Executive Council, may seem fit, the said sums to be paid previous
to the granting of such licence or licences.
8. And be it further enacted and ordained, that if any person shall, without Under penalty
not exceeding
having obtained such licences aforesaid, carry on or exercise the trade or occupation two hundred
dollars.
of a pawnbroker or auctioneer, or keep a public billiard table, or either or any of
them, or shall be convicted of exposing for sale, or putting up anything whatever to
public auction, or of taking anything whatever in pawn, he shall be liable to a penalty
not exceeding two hundred dollars, to be recovered in a summary manner before any
Police Magistrate ; and in default of payment, the same to be levied by distress and
sale of his goods and chattels .
9. And be it further enacted and ordained, that the Governor in Council, if he Discretionary
power to levy
see fit, shall be empowered to levy an auction-duty of two -and-a-half per cent on all an auction-duty
of two-and-a-half
per cent on all
sales by auction within this Colony. * sales. [ Duty
abolished: See
Government
Notification 15th
March, 1849, and
an annualfee
of$150 imposed.
Subsequently
increased to $300:
See Government
Notification ,
Gazette
27th June, 1857.]
10. And be it further enacted and ordained, that every person who shall act as an Auctioneer to
make quarterly
auctioneer in the said Colony shall make and give, at the1 office of the Colonial returns on oath,
and deduct the
auction-duties-
Secretary, once in every three months, a faithful and true return on oath of all the his books being
liable to inspec
sums received at sales made by him as auctioneer within the said three months, and tion.
that every such Auctioneer shall, from every sum received by him on the sale of any
article by him in that capacity, deduct the sum sanctioned under this Ordinance, and
pay the amount thereof into the Colonial Treasury quarterly ; and the books of such
120 ORDINANCES Nos . 5 AND 6 OF 1845 .
Salt and Opium. Supreme Court.
auctioneer shall at all times be liable to inspection by any person or persons duly
authorized by the Governor: And it is hereby declared, that any such auctioneer
failing duly to comply with the provisions of this section shall be considered to have
forfeited his licence, and such licence shall be absolutely void by such neglect or
default.
Official fees to 11. And be it further enacted and ordained, that the following official fees, as
be levied.
set forth in the annexed table, shall be levied and made payable from and after the
passing of this Ordinance -all fees so levied to be paid into the Colonial Treasury.
[ Repealed by Ordinance No. 5 of 1888. ].
TABLE OF FEES.
1. For granting a marriage licence, $5 .
2. For the signature of the Governor, $ 5 .
3. For the signature of the Colonial Secretary , $ 2 .
[ So much as relates in this Ordinance to smoking divans, opium, &c. repealed
by Ordinance No. 2 of 1858 : the whole Ordinance repealed by Ordinance No. 21 of
1887, except section 11. ]
No. 6 of 1845 .
Title. An Ordinance to repeal Ordinance No. 15 of 1844 , for the Establishment
of a Supreme Court of Judicature at Hongkong , and to substitute
other provisions in lieu thereof.
[ 19th August, 1845. ]
Preamble. HEREAS it is expedient that the matters embraced in Ordinance No. 15
W relating to the establishment of the Supreme Court of Hongkong, trial by
jury, criminal proceedings , and the summary jurisdiction of the Court, should be pro
vided for by separate and distinct ordinances ; Be it therefore enacted and ordained
by His Excellency the Governor of Hongkong, by and with the advice of the Legislative
Ordinance No. Council thereof, that the said Ordinance No. 15 shall, from and after the passing of
15 of 1844 re
pealed. this Ordinance , be, and the same is hereby repealed .
Former Court 2. And be it further enacted and ordained, that from and after the passing of
at Hongkong
abolished. this Ordinance, the Court at Hongkong with criminal and admiralty jurisdiction, which
has hitherto been holden by the Chief Superintendent, shall be, and it is hereby
abolished.
A Supreme Court 3. And be it further enacted and ordained, that there shall be within and for the
of Record to be
instituted Colony of Hongkong a Court, which shall be called "The Supreme Court of Hongkong,"
therein.
and that the said Supreme Court of Hongkong shall be a Court of Record.
ORDINANCE No. 6 of 1845 . 121
Supreme Court.
4. And be it further enacted and ordained, that the law of England shall be in How far the law
of England to
full force in the said Colony of Hongkong, except where the same shall be inapplicable prevail.
to the local circumstances of the said Colony, or of its inhabitants ; and that in all
matters relating to the practice and proceedings of the said Supreme Court, the practice
of the English Courts shall be in force, unless and until otherwise ordered by rule of
the said Court.
5. And be it further enacted and ordained , that the said Supreme Court of Hong Constitution of
Court.
kong shall consist of, and be holden by, and before, a Judge to be called the Chief
Justice of the Supreme Court of Hongkong and its dependencies, and to be appointed
by Letters Patent under the public seal of the Colony from time to time by the
Governor of Hongkong, in accordance with such instructions as he may receive from
Her Majesty, Her Heirs and Successors ; and such Chief Justice shall hold his office.
during the pleasure of Her said Majesty, subject to suspension by the Governor in like
manner as other officers in the said Colony : Provided that in case the said office of
Chief Justice shall become vacant by death or otherwise, it shall be lawful for the
Governor to appoint another fit and proper person to fill the said office of Chief Justice,
until Her said Majesty's pleasure be known ; or in case of the temporary illness or
absence of the Chief Justice , it shall be lawful for the Governor to appoint another fit
and proper person to fill the said office of Chief Justice until the Chief Justice shall
resume the duties of his said office.
6. And be it further enacted and ordained , that the said Supreme Court shall have Seal ofthe Court.
and use, as occasion may require, a seal, bearing a device and impression of the Royal
Arms, within an exergue or label surrounding the same, with this inscription, " The
Seal of the Supreme Court of Hongkong," and all writs and other process issuing out
of the said Court shall be sealed therewith.
7. And be it further enacted and ordained, that no Judge of the said Supreme Judges to hold
no other office
Court shall be capable of accepting, taking, or performing, any other office or place of of profit.
profit or emolument, on pain that the acceptance of any such other office or place as
aforesaid, shall be and be deemed in law de facto an avoidance of his office of Judge,
and the salary thereof shall cease, and be deemed to have ceased accordingly, from the
time of such acceptance of any such other office or place.
8. And be it further enacted and ordained, that there shall be and belong to the Officers of the
Court.
said Supreme Court the following officers , that is to say, a Registrar, a clerk, and an
interpreter thereof, and such, and so many other officers, as to the Governor, or Acting
Governor for the time being, of the said Colony, shall from time to time appear to be
necessary for the administration of Justice, and the due execution of all the powers
and authorities which are granted and committed to the said Court by this Ordinance.
9. And be it further enacted and ordained, that the several superior officers of the Officers how to
hold office.
said Court, who now are, or hereafter may be appointed to their said offices by Her
Majesty, Her Heirs and Successors, shall hold their several offices during the pleasure
of Her said Majesty, subject to suspension by the Governor, in like manner as other
122 ORDINANCE No. 6 OF 1845 .
Supreme Court.
officers in the said Colony ; and that all other officers, shall be removable from their
several offices in the said Court by the Governor, or Acting Governor for the time
being, upon reasonable cause.
Admission of 10. And be it further enacted and ordained , that the said Supreme Court is hereby
barristers and
attornies.
authorized and empowered to approve, admit, and enrol such persons as shall have
been admitted barristers or advocates in Great Britain or Ireland, to practise as bar
risters ; and such persons as shall have been admitted as solicitors , attornies , or writers
in one of the Courts at Westminster, Dublin, or Edinburgh, or as proctors in any
Ecclesiastical Court in England , or who shall have served for a period of three years as
an articled clerk to any solicitor, attorney, or proctor, actually practising as such within
the Colony of Hongkong, or shall have been admitted as solicitors, attornies, or proc
tors, in any other of Her Majesty's British colonies, to practise as solicitors, attornies,
and proctors in the said Court ; subject nevertheless to be removed and struck off from
the rolls of the said Court, upon reasonable cause. [ Repealed by Ordinance No. 3 of
1871.]
Fit persons to 11. Provided always, and be it further enacted and ordained, that in case there
be admitted to
practise for shall not be a sufficient number of barristers, solicitors , attornies, and proctors within.
three months in
case of necessity.
the said Colony, competent and willing to appear and act for the suitors of the said
Supreme Court, it shall be lawful for the said Court, and the said Court is hereby
authorized, to admit temporarily so many other fit and proper persons to appear and
act as barristers , solicitors , attornies, and proctors, as may be necessary, according to
such rules and regulations as the said Court shall, for that purpose, make and establish :
Provided that the persons so admitted shall be admitted for a period of three months
only, and shall not be readmitted without obvious necessity.
Sheriff of Hong 12. And be it further enacted and ordained, that the sheriff of Hongkong for the
kong to execute
writs and pro time being shall, by himself or his sufficient deputy, (to be by him appointed, and
cess.
duly authorized under his hand and seal, and for whom he shall be responsible during
his continuing in such office, ) execute, and the said sheriff and his said deputy is and
are hereby authorized to execute all writs, summonses, rules, orders , warrants, com
mands, and processes of the said Supreme Court, (other than such as shall be issued
under the summary jurisdiction of the said Court, as hereinafter provided by Ordinance
No. 6 of 1845 ,) and make a return of the same, together with the manner of the execu
tion thereof, to the said Court, and to receive and detain in prison all such persons as
shall be committed to the custody of such sheriff by the said Court . [Repealed by Or
dinance No. 1 of 1873. ]
Process against 13. And be it further enacted and ordained, that whenever the said Supreme
sheriff.
Court shall direct or award any process against the said sheriff, or award any process in
any cause, matter, or thing wherein the said sheriff, on account of his being related to
the parties, or any of them, or by reason of any good cause of challenge which would
be allowed against any sheriff in England, cannot or ought not by law to execute the
same, in every such case the said Court shall name and appoint some other fit person
ORDINANCE No. 6 OF 1845 . 123
Supreme Court.
to execute and return the same, and the said process shall be directed to the person so
to be named for that purpose, and the cause of such special proceedings shall be sug
gested and entered on the records of the said Court. [ Repealed by Ordinance No. 1 of
1873. ]
14. And be it further enacted and ordained , that the said Supreme Court shall Jurisdiction of
Court.
have the same jurisdiction in the said Colony of Hongkong and its dependencies, as
Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have Legal.
in England ; and shall be a Court of Oyer and Terminer and Gaol delivery, Assize, and
Nisi Prius.
15. And be it further enacted and ordained , that the said Supreme Court shall be Equitable.
a Court of Equity, with such and the like jurisdiction as the Court of Chancery in
England ; and shall have and execute all and singular the powers and authorities of
the Lord High Chancellor of England, with full liberty to appoint and control guar
dians of infants, and their estates, and also keepers of the persons and estates of
idiots, lunatics, and such as being of unsound mind , are unable to govern themselves
and their estates.
16. And be it further enacted and ordained, that the said Supreme Court shall Ecclesiastical.
be a Court of Ecclesiastical Jurisdiction , with full power to grant probates, under the
seal of the said Court, of the last wills and testaments of all or any of the inhabitants
of the said Colony and its dependencies, and all other persons who shall die, and leave
personal effects within the said Colony and its dependencies ; and to commit letters of
administration, under the seal of the said Court, of the goods, chattels, credits, and all
other effects whatsoever of the persons aforesaid, who shall die intestate, or who
having left a will, shall not have named an executor resident within the said Colony or
its dependencies ; or where an executor, resident as aforesaid, being duly cited, shall not
appear and sue forth such probate : annexing the will to the letters of administration,
when such persons shall have left a will without naming an executor, or where an
executor shall have been named not resident within the said Colony, or where an
executor shall have been named resident within the said Colony or its dependencies, but
who, being duly cited thereunto , shall not appear and sue forth a probate thereof: and to
sequester the goods and chattels , credits, and other effects whatsoever of such persons
so dying, in cases allowed by law, as the same is and may be now used in the diocese
of London : and to demand, require, take, hear, examine, and allow, and, if occasion
require, to disallow and reject the account of them , in such manner and form as may be
used in the said diocese and to do all other things whatsoever needful and necessary in
that behalf. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 18
17. Provided always, and be it further enacted and ordained, that the said Court to reserve
power of revo
Supreme Court is hereby authorized and required, where letters of administration shall cation.
be committed with the will annexed for want of an executor applying in due time to
sue forth the probate, to reserve in such letters of administration full power and
authority to revoke the same, and to grant probate of the said will to such executor,
124 ORDINANCE No. 6 OF 1845 .
Supreme Court.
whenever he shall duly appear and sue forth the same. [Repealed by Ordinances No. 5
of 1858 and No. 8 of 1860.]
Court to grant 18. And be it further enacted and ordained, that the said Supreme Court shall
letters of admi
nistration to
next of kin, grant and commit letters of administration to any one or more of the lawful next of
kin of persons so dying as aforesaid, being then resident within the jurisdiction of the
said Court, and being of the age of twenty-one years ; and in case no such person shall
then be residing within the jurisdiction of the said Court, or, being duly cited , shall
or to the Re not appear and pray the same, to the Registrar of the said Court, or to such person or
gistrar.
persons, whether creditor or creditors, or not, of the deceased person, as the Court
shall see fit : Provided always, that probates of wills , and letters of administration to
be granted by the said Court, shall be limited to such money, goods, chattels, credits ,
and effects as the deceased person at the time of his or her death shall have been
entitled to within the said Colony of Hongkong and its dependencies. [ Repealed by
Ordinances No. 5 of 1858 and No. 8 of 1860. ]
Administrator
to enter into 19. And be it further enacted and ordained, that every person to whom letters of
bond.
administration shall be committed shall, before the granting thereof, give sufficient
security, by bond to be entered into to Her Majesty, Her Heirs and Successors, for the
payment of a certain sum of money, with one, two, or more sureties, respect being had
to the value of the estates, credits, and effects of the deceased ; which bond shall be
deposited in the said Court among the records thereof, and there safely kept, and a
copy thereof shall be also recorded among the proceedings of the said Court ; and the
Condition of condition of the said bond shall be to the following effect, -" that if the above bounden
bond.
"administrator of the goods, chattels, and effects of the deceased, do make, or cause to
" be made, a true and perfect inventory of all and singular the goods, credits , and
"effects of the said deceased, which have or shall come to the hands, possession, or
" knowledge of him the said administrator, or to the hands or possession of any other
66
person or persons for him, and the same so made do exhibit into the Supreme Court
"of Hongkong, at or before a day therein to be specified ; and the same goods , chattels,
66
credits, and effects , and all other the goods, chattels, credits, and effects of the
"deceased at the time of his death, or which at any time afterwards shall come to
" the hands or possession of such administrator, or to the hands or possession of any
" other person or persons for him, shall well and truly administer according to law;
"and further shall make, or cause to be made, a true and just account of his said
"administration, at or before a time therein to be specified , and afterwards from time
"to time as he, she, or they shall be lawfully required ; and all the rest and residue of
" the said goods, chattels, credits, and effects which shall be found from time to time
"remaining upon the said administration account, the same being first examined and
" allowed by the said Court, shall and do pay and dispose of in a due course of
66
administration, or in such manner as the said Court shall direct, then this obligation
How bond to be "to be void and of none effect or else to be and remain in full force and virtue." And
put in suit.
in case it shall be necessary to put the said bond in suit, for the sake of obtaining the
effect thereof for the benefit of such person or persons as shall appear to the said Court
ORDINANCE No. 6 OF 1845. 125
Supreme Court.
to be interested therein , such person or persons from time to time giving satisfactory
security for paying all such costs as shall arise from the said suit, such person or persons
shall, by order of the said Court, be allowed to sue the same in the name of the
Attorney General for the time being of the said Colony, and the said bond shall not be
sued in any other manner. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860. ]
20. And be it further enacted and ordained , that the said Supreme Court shall Court to fix
periods at which
fix certain periods when all persons to whom probates of wills and letters of administra accounts shall
be passed.
tion shall be granted by the said Court shall from time to time, until the effects of the
deceased persons shall be fully administered , pass their accounts relating thereto before
the said Court ; and in case the effects of the deceased shall not be fully administered
within the time for that purpose to be fixed by the said Court, then, or at any earlier
time, if the said Court shall see fit so to direct, the person or persons to whom such
probate or administration shall be granted shall pay, deposit, and dispose of the balance
of money belonging to the estate of the deceased then in his, her , or their hands , and
all money which shall afterwards come into his , her, or their hands , and also all precious
stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in
such manner, and unto such persons, as the said Court shall direct for safe custody ;
and the said Court shall from time to time make such order as shall be just for the due
administration of such assets, and for the payment or remittance thereof, or any part
thereof, as occasion shall require, to or for the use of any person or persons, whether
resident or non-resident in the said Colony and its dependencies, who may be entitled
thereto, or any part thereof, as creditors , legatees, or next of kin, or by any other right
or title whatsoever. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860. ]
21. And be it further enacted and ordained , that it shall and may be lawful for Allowances to be
made to execu
the said Supreme Court, to allow to any executor or administrator of the effects of any tors or adminis
trators.
deceased person (except as herein mentioned) such commission or percentage out of
their assets as shall be just and reasonable for their pains and trouble therein : Provided
always, that no allowance whatever shall be made for the pains and trouble of any
executor or administrator who shall neglect to pass his accounts at such time, or to
dispose of any money, goods, chattels or securities with which he shall be chargeable in
such manner, as in pursuance of any general or special rule or order of the said Court,
shall be requisite ; and moreover every such executor or administrator so neglecting to
pass his accounts, or to dispose of any such money, goods , chattels, or securities, with
which he shall be chargeable, shall be charged with interest at the rate then current within
the said Colony and its dependencies, for such sum and sums of money, as from time
to time shall have been in his hands , whether he shall or shall not make interest thereof.
[ Repealed by Ordinance No. 8 of 1860. ]
22. And be it further enacted and ordained : that where letters of administration, Payment of
moneyinto
or "ad colligenda bona " have been granted to the Registrar under an Act of Parliament Treasury.
passed at a session holden in the 39th and 40th years of the reign of King George the
Third, intituled An Act for establishing further Regulations for the Government of the 39 & 40 Geo. 3, c.
79. s. 21.
British Territories in India, and the better administration of Justice within the same, or
126 ORDINANCE No. 6 of 1845 .
Supreme Court.
otherwise as Registrar, he shall within fourteen days after receiving any money belonging
to any estate to the amount of one hundred dollars, clear of all just allowances and
deductions for commission, pay the same into the hands of the Colonial Treasurer to
the credit of the said estate, unless the Chief Justice, upon a written statement of facts ,
shall report that it will be more expedient for the said estate to be otherwise held or
disposed of; and such Treasurer shall receive from the Registrar, as administrator as
aforesaid under the statute, all such sums of money as he shall tender to him, and shall
carry the same to the credit of such estates as the said Registrar shall specify, giving
him at the same time a receipt for the specific sums so paid in ; and whenever the said
Registrar shall have occasion to draw any sum of money out of the hands of such
Treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers ,
for an order for the payment thereof, stating in such petition the purpose for which
such money is required, and such Treasurer shall not pay over any monies which
may have been paid into his hands as aforesaid without such order. [ Repealed by
Ordinance No. 8 of 1860. ]
Power to regu
late sittings of 23. And be it further enacted and ordained, that it shall be lawful for the said
the Court, and
to make rules Supreme Court to make and prescribe such rules and orders , touching the times and
and orders.
place of holding the Court, form of process, pleadings, and other business and proceed
ings of the said Court, and of the fees payable therein, as to the said Court shall seem
fit, and such rules and orders from time to time to alter, amend, or revoke, as occasion
may require.
Arrest allowed
in case of deb 24. And be it further enacted and ordained, that if any person shall have a claim
tors being about
to leave the or ground of action , of whatever nature, against any other person who shall be about to
Colony.
[Amended by
Ordinance No. 5 leave the said Colony, and to proceed to parts beyond the jurisdiction of the said
of 1852.]
Supreme Court, or who may reasonably be suspected of an intention so to do, either for
the purpose of avoiding process in such action, or otherwise, whereby, the recovery of
any debt or damages may be delayed, and the party having such claim or ground of
action as aforesaid , or some person on his behalf, shall produce to the said Chief Justice
an affidavit of such his right of action , and of the intention of such other party to leave
the said Colony, and to proceed to parts beyond the jurisdiction of the said Court, and
shall also state in such affidavit the grounds upon which he believes that the other party
is about to leave the said Colony as aforesaid, in such case it shall be lawful for the
said Chief Justice, if he shall think fit, to order a writ of capias ad respondendum, (in
the form given in the schedule hereunto annexed, marked No. 1.) , to be issued to take
and arrest the body of such other party so about to leave the said Colony ; in which said
writ the amount of the debt or damages demanded , or the value of the property sought
to be recovered, shall be truly specified, and the costs and charges of issuing the said
writ shall be indorsed thereon by the Registrar of the said Court ; and of which said
writ the sheriff, or his lawful deputy, shall , upon any arrest to be made by virtue
Bail-bond. thereof, give to the defendant a true copy : Provided always , that if upon any such
arrest the defendant shall give to the sheriff reasonable security by bond or obligation
of the said defendant, and of one or more other person or persons having sufficient pro
ORDINANCE No. 6 OF 1845 . 127
Supreme Court .
perty within the said Colony, as surety or sureties, that the defendant shall appear
according to the exigency of the said writ, and shall also stand to, abide, and perform
the judgment of the said Court thereon, or render himself to the prison of the said
Court in execution for the same, and that the said defendant shall not, from and after
the date of such bond or obligation, remove or withdraw any of his property from and
out of the jurisdiction of the said Court, so as to evade the judgment thereof, if the
same shall be for the plaintiff (which said bond or obligation shall, as near as may be,
be in the form given in the schedule hereunto annexed marked No. 2. ) ; or if the defendant
shall pay to the sheriff or his deputy a sufficient sum of money to cover the amount of
the debt or damages mentioned in the writ, together with the cost and charges indorsed
thereon, and a further sum of five dollars for the charges of making the arrest, or shall
deliver to the said sheriff or his deputy the property specified in the said writ, or the
value thereof, either as a deposit, or security in lieu of giving a bail- bond, or in
satisfaction of the suit or action, then the said sheriff shall permit the said defendant
to go at large, and free of the said arrest as to such suit or action .
25. And be it further enacted and ordained, that if upon the trial of any suit or Malicious arrest.
action in which the defendant shall have been so arrested or held to bail as aforesaid,
it shall appear to the said Supreme Court that the arrest of the defendant was vexatious,
and malicious, and without any reasonable or probable cause, and that the order for
such arrest was obtained upon a wilful misrepresentation of the facts of the
case, it shall be lawful for the Chief Justice of the said Court in his discretion
to order and adjudge the plaintiff in such suit or action to pay to the defendant the costs
of such arrests or holding to bail, together with such further sum of money as to the said
Chief Justice shall seem fit, as a reasonable compensation to the said defendant for
having been so arrested or held to bail ; and in default of payment of any sum of
money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justice,
and he is hereby authorized , to commit the said plaintiff to the prison of the said
Court until the same shall be paid : Provided, that in any case in which compensation
shall have been awarded as aforesaid, it shall not be lawful for the defendant to
proceed against the plaintiff, by action or otherwise, for the recovery of any other or
further sum of money by way of damages for such arrest or holding to bail.
26. And be it further enacted and ordained, that it shall and may be lawful to and Allowance of
expenses and
for the said Supreme Court, in all proceedings therein, whether of a civil or criminal compensation
to witnesses.
nature, to order and allow to all persons examined or detained as witnesses in any such
proceeding, such sum or sums of money as to the said Court shall seem fit, as well for
defraying the reasonable expenses of such witnesses, as for affording them a reasonable
compensation for their trouble and loss of time.
27. And be it further enacted and ordained, that if any person served with a Punishment of
witnesses for
subpæna to attend the said Supreme Court as a witness in any suit or action therein, or non-attendance,
and of persons
upon the trial of any indictment or information, shall refuse or neglect to attend the guilty of a con
tempt of Court.
said Court pursuant to such subpæna , or if any person shall be guilty of any contempt
128 ORDINANCE No. 6 OF 1845 .
Supreme Court.
before the said Court, it shall be lawful for the said Court to punish any such person in
a summary way, by fine not exceeding one hundred dollars, or by imprisonment for
any time not exceeding two calendar months : Provided, that nothing herein contained
shall affect or abridge the right of any plaintiff or defendant to proceed against any
party for not appearing pursuant to his subpana, for the recovery of any special
damage such plaintiff or defendant may have sustained by reason of the disobedience
of any such party.
Perjury. 28. And be it further enacted and ordained, that if in any suit or action, or in any
proceeding connected therewith, it shall appear to the ChiefJustice of the said Supreme
Court, that any person examined as a witness upon oath, or, if a quaker, on affirmation ,
has committed wilful and corrupt perjury, or that any person, in swearing or affirming
in any affidavit or affirmation required to be made before the said Chief Justice, has
been guilty of the like offence, then, and in each and every such case, it shall and may
be lawful for the said Chief Justice to direct a prosecution for perjury to be forthwith
instituted against any such person so falsely swearing or affirming as aforesaid, in
order that he or she may be punished according to law ; or where such perjury is
committed by any person examined as a witness in open Court, it shall be lawful for
the said Chief Justice, instead of directing such prosecution to be instituted as
aforesaid, either to commit such witness, as for a contempt of the Court, to
the prison of the said Court, for any time not exceeding two calendar months, or to
fine such witness in any sum not exceeding one hundred dollars : Provided , that the
powers hereinbefore given shall be in full force and operation , notwithstanding any
irregularity or want of form in the administration of the oath or affirmation.
Writ of error. 29. And be it further enacted and ordained , that the Governor, in his Executive
Council, shall constitute and be a Court of error and appeal, to whom it shall be lawful
for any party to appeal by writ of error, or petition, from any decision , decree, or order
of the said Supreme Court, in all matters of law and equity, where the matter in dispute
shall amount to the sum of one thousand five hundred dollars , but not otherwise :
Provided, that no such writ of error, or petition, shall be allowed after the expiration of
fourteen days next after the decision, decree, or order of the said Court shall have been
pronounced. [ Repealed by Ordinance No. 2 of 1846. ]
Interpretation 30. And be it further enacted and ordained, that in the construction of this
clause.
Ordinance wherever in describing any person or party, matter or thing, the word
importing the singular number or the masculine gender only is used , the same shall be
understood to include, and shall be applied to, several persons or parties as well as one
person or party, and females as well as males, and several matters or things as well as
one matter or thing , respectively, unless there be something in the subject or context
repugnant to such construction .
ORDINANCE No. 6 OF 1845 . 129
Supreme Court .
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
No. 1 .
Writ of Capias ad Respondendum.
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen , Writ of capias ad
respondendum.
Sec. 24.
Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy ,
:
-
Greeting
We command you that you take C. D. of Street in Victoria, merchant, ( or as the
case may be) if he be found in this Colony, and him safely keep, until he shall have given you bail, or
made deposit with you according to law, or until the said C. D. shall by other lawful means be
discharged from your custody, so that he appear before our Chief Justice of the Supreme Court of our
said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of
such execution, then and there to answer A. B. wherefore he hath not [ " paid to the said A. B. the sum
of dollars of good and lawful money current in the said Colony which he owes to, and
unjustly detains from him," or " hath not delivered to the said A. B. a certain boat, together with its
oars, furniture, &c. " or " other movable thing which the said C. D. unlawfully detains from the said
A. B.," or " hath not satisfied the said A. B. his damages which the said A. B. hath sustained in respect
of," &c. (stating any wrong or injury committed by the defendant, as the case may be) as it is said ; ]
and in default of such appearance, after having given a bail-bond, the plaintiff to be at liberty to
proceed against the sheriff or on the bail-bond ; and we do further command you, that on execution
hereof, you do deliver a copy hereof to the said defendant ; and we do further command you, that
immediately after the execution hereof, you do return this writ to our said Supreme Court of
Hongkong, together with the manner in which you shall have executed the same, and the day of the
execution thereof.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney
(or ifthe plaintiff sue in person)
A. B. of
Plaintiff.
No. 2.
Form of Bail-bond.
KNOW all men by these presents, that we, C. D. of Bail-bond to the
and L. M. of sheriff. Sec. 24.
are held and firmly bound to
sheriff of the Colony of Hongkong in the penal sum of dollars
(double the sum or value of the thing mentioned in the writ) of good and lawful money current in the
said Colony, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns ;
for which payment to be well and faithfully made we bind ourselves , and each of us for himself, in the
whole, our and every of our heirs, executors, and administrators, firmly by these presents. In witness
whereof we have hereunto set our hands and seals this
day of in the Year of our Lord
The condition of this obligation is such, that if the above bounden C. D. do appear in person, or by his Condition.
attorney, before the Chief Justice of the Supreme Court of our Lady the Queen of the Colony of
130 ORDINANCE No. 6 OF 1845 .
Supreme Court.
Hongkong on the day of to answer A. B. wherefore (following
the statement in the writ ofcapias ad respondendum ) and also shall stand to, abide, and perform the
judgment of the said Court thereon , or render himselfto the prison of the said Court in execution thereof,
and shall not remove or withdraw any of his property from and out of the jurisdiction of the said Court,
then this obligation to be void, otherwise to remain in full force .
Signed sealed and delivered C. D. (L. S.)
in the presence of L. M. (L. S.)
M. N.
O. P.
[ Repealed by Ordinance No. 12 of1873, saving existence of Supreme Court and Officers. ]
NOTE.- Regula generales were made under this Ordinance at the times and dates following viz. : —
In Easter Term 1845.
99 Michaelmas Term 1st November, 1845.
99 Easter Term 1st March, 1847.
99 Hilary Term 1st January, 1848.
"9 Easter Term 1st March, 1848.
"9 Easter Term 1st March, 1849.
་་ Michaelmas Term 31st October, 1854. ( See Gazette 4th November, 1854. )
99 Michaelmas Term 14th November, 1859. ( See Gazette 26th November, 1859.)
99 "" of the 13th April, 1870. ( See Gazette ofthe 16th of the same month.)
19 99 of the 23rd February, 1871. (See Gazette ofthe 25th ofthe same month.)
ORDINANCE No. 7 OF 1845 . 131
Jurors.
No. 7 of 1845 .
An Ordinance for the Regulation of Jurors and Juries . Title.
[See Ordinance
No. 4 of 1849.]
[ 19th August, 1845. ]
´HEREAS owing to the smallness of the population at present existing in the Preamble.
W Colony of Hongkong, very great hardship and inconvenience would be entailed
upon such of the inhabitants thereof as are fit and qualified to act as jurors, by
requiring, according to the law and custom of England, the full number of twelve
persons to constitute a jury upon the trial of civil and criminal proceedings ; Be it
therefore enacted and ordained by the Governor of Hongkong, with the advice of the Number of
jurors.
Legislative Council thereof, that all questions of fact, whether of a civil or criminal [As to Coroner's
inquests see
nature, upon which issue shall be taken in the course of any proceeding before the Ordinance No.
5 of 1847.]
Supreme Court, and all questions of idiotcy, lunacy, or unsoundness of mind, shall be
decided by the verdict of a jury of six men .
2. And be it further enacted and ordained, that every male person between the Who qualified
and liable to
ages of twenty-one years and sixty years, being of sound mind, and not afflicted with serve as common
jurers.
deafness , blindness, or other infirmity, who shall hold property in lands, houses,
buildings, or tenements, of the monthly value of twenty-five dollars or upwards , either
in his own right, or as tenaut to any other person, or who shall be in the receipt of an
annual salary or income of not less than one thousand dollars per annum, [ “five hundred
dollars" as amended by Ordinance No. 4 of 1849. ] within the said Colony of Hongkong,
and who shall reside within the same, shall be qualified and liable to serve as a
common juror therein : Provided, that no person holding any office or situation of
emolument under the Government of Hongkong, nor any barrister, physician, attorney ,
or surgeon actually practising as such within the said Colony, nor any clergyman, or
dissenting minister, nor any officer employed in the military or naval service of Her
Majesty or the East India Company , shall be, or be deemed liable to serve as a juror in
any case.
3. And be it further enacted and ordained , that if either the plaintiff or the Special jury.
defendant in any suit or action , or the prosecutor or defendant in any indictment or
information , other than for treason or felony, shall be desirous of having such suit or
action, indictment or information , tried by a special jury, (such special jury to consist
of six men qualified as hereinafter mentioned ) it shall be lawful for the Court, upon
motion for that purpose, to order and appoint a special jury to be struck before the
Registrar, or other officer of the Court, for the trial of any issue joined in any of the
said cases, and triable by a jury, in such manner as is usual in England, or as the
Court shall direct : Provided that the party applying for such special jury, and who
shall have obtained a rule or order of the Court for that purpose, shall, on entering
the cause for trial, deposit with the Registrar, or other officer of the Court, a sum
sufficient to cover the expenses of the special jury, otherwise the said rule or order of
the Court to be of no effect.
132 ORDINANCE No. 7 OF 1845 .
Jurors.
Qualification of 4. And be it further enacted and ordained , that every male person between the
special jurors.
ages of twenty- one years and sixty years, being of sound mind , and not afflicted with
deafness, blindness, or other infirmity, who shall be an esquire or person of higher
degree, or who shall carry on the trade or business of a banker or merchant within
the said Colony of Hongkong, and who shall reside within the same, shall be
qualified and liable to serve as a special juror therein : Provided , that no person who
is hereinbefore exempted from serving as a common juror shall be liable to serve on
any special jury .
Sheriff to make 5. And be it further enacted and ordained, that from and immediately after the
ont jury lists,
and transmit publication of this Ordinance, the sheriff of the said Colony of Hongkong shall make
same to Regis
trar. or cause to be made out, two separate and distinct lists, in alphabetical order, of all
men who shall be qualified and liable to serve as common or special jurors as aforesaid ,
setting forth the christian and sirnames of each at full length, together with his place
of abode, and shall sign and transmit copies of such lists to the Registrar of the said
Supreme Court, which lists, when so transmitted , shall be called respectively the
"Common Jurors List," and the " Special Jurors List," and shall be in use until the
first day of March, 1846.
Penalty on 6. And be it further enacted and ordained, that if any sheriff, or other minister,
sheriff for ne
glect of duty. or officer shall wilfully insert or omit, in the lists of jurors, the name of any man
which ought not to be so inserted or omitted, according to the lists of jurors so to be
made out as aforesaid, or shall fail to sign and transmit correct copies of such lists to
the said Registrar as hereinbefore directed , or shall otherwise fail well and truly to do
and perform all and every the acts, matters, and things, hereby required to be by him
performed, such sheriff, or other minister, or officer shall be fined at the discretion of
the said Court.
Jury list to be 7. And be it further enacted and ordained, that on or before the first day of
in use for one
year. January which will be in the year of our Lord one thousand eight hundred and forty
six, and on or before the first day of January in each and every subsequent year, the
said sheriff shall make out and transmit two fresh jury lists, in manner and form as
hereinbefore directed ; and all such fresh jury lists , when so transmitted, shall be brought
into use the first day of March then next following, and shall continue to be used for
one year then next ensuing.
Order of sum 8. And be it further enacted and ordained, that whenever it shall be requisite to
moning juries.
summon a jury, the sheriff shall summon the persons whose names shall appear on the
jury list, in the order in which they shall be placed ; and at the commencement of every
year, he shall begin with the names in the new list next after the names of the persons
who were last summoned in the preceding year.
Summons. 9. And be it further enacted and ordained , that the sheriff shall, before the
sitting of any Court whereat a jury shall be necessary, issue summonses according to
the form in the schedule hereunto annexed , requiring the attendance thereat of eighteen
ORDINANCE No. 7 OF 1845 . 133
Jurors.
good and lawful men qualified and liable to serve as aforesaid , and not being of affinity
or kin to either of the parties to the suit or prosecution ; and that every such summons
shall be personally served upon , or left at the usual place of abode of the person
summoned, two clear days before the day appointed for the sitting of the Court.
10. And be it further enacted and ordained , that the sheriff shall also , at the Panel.
same time, cause to be delivered to the Registrar, or clerk (as the case may be) of the
said Court, a panel containing the names, places of abode, and additions, of the persons
so summoned.
11. And be it further enacted and ordained , that if any juror, having been duly Penalty for non
attendance.
served with such summons, shall fail to attend, or being present , shall not appear when
called, or after appearance shall withdraw himself without the permission of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or affidavit, or
otherwise to the satisfaction of the Court) set upon the person so making default such
fine, not exceeding, in the case of a common juror, the sum of one hundred dollars,
and in the case of a special juror not exceeding the sum of two hundred dollars, as to
the said Court shall seem meet.
12. And be it further enacted and ordained, that at the sitting of the Court the Jury to be
balloted for.
names of all the jurors summoned shall be written on separate pieces of card or paper
of equal size and put into a box, and the Registrar or clerk of the said Court shall, in
open Court, draw therefrom until six jurors appear, who, after all just causes of
challenge allowed, shall remain as fair and indifferent, and the same shall be done
whenever it shall be necessary to form a new jury.
13. And be it further enacted and ordained, that no person who shall be put No challenge
except for cause.
upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge
any of the jurors except for cause.
14. And be it further enacted and ordained , that whenever there shall be a Talesmen.
deficiency of jurors, it shall be lawful for the Court, at the prayer of either of the
parties in the cause, with or without the consent of the opposite party, to put upon the
jury so many good and lawful men of the bystanders, as shall be sufficient to make up
the full number thereof.
15. And be it further enacted and ordained , that the names of the persons sworn As to jury for
new cases.
as jurors, in manner aforesaid, shall be marked on the list ; and those names so drawn
shall be kept apart by themselves until such jury shall have given in their verdict, and
the same shall be recorded, or until such jury shall, by order of the Court, be discharged ;
and then the said names shall be returned to the box, there to be kept with the other
names remaining at that time undrawn ; and so often and so long as any case remains
to be tried : Provided always, that if any case shall be brought on to be tried in the
said Court, before the jury in any other case shall have brought in their verdict, it
shall be lawful for the said Court to order another jury to be drawn from the residue
of the said papers, for the trial of the case which shall be so brought on to be tried :
134 ORDINANCE No. 7 OF 1845 .
Jurors.
Provided also, that where no objection shall be made on behalf of the plaintiff, or
prosecutor, or on behalf of the defendant, or prisoner, it shall be lawful for the Court
to try any case with the same jury that shall have previously tried, or been drawn to
try, any other case, without their names being returned to the box and redrawn, or to
order the name or names of any person or persons on such jury, whom both parties
may consent to withdraw, or who may be justly challenged or excused by the Court, to
be set aside, and another name or other names to be drawn from the box, and to try
the case with the residue of such original jury, and with such person or persons whose
name or names shall be so drawn, and who shall appear and be approved as indifferent ;
and so as often and as long as any case remains to be tried.
How jury, when 16. And be it further enacted and ordained , that after the jury in any case shall
sworn or char
ged with any have been sworn, or charged with any prisoner, they shall be kept in some convenient
prisoner, to be
kept. place in Court apart by themselves, until the Chief Justice of the said Court has
summed up the evidence, and has left the case with the said jury ; and if any such jury
shall desire to withdraw for the purpose of considering their verdict , then they shall be
kept by an officer of the Court in some convenient place apart by themselves until they
are agreed upon their verdict, or be discharged therefrom by the Court ; and the said
officer shall be sworn that he will suffer none to have access to them, or speak to them,
and that he will not speak to them himself, except to ask whether they are agreed upon
their verdict, or to communicate between them and the Court.
How jury to be 17. And be it further enacted and ordained, that whenever it may be necessary
kept when
necessary to for the Court to adjourn the further sitting of the said Court during the trial of any
adjourn the
Court.
case, it shall be competent to the Court to direct the said jury to be removed to some
convenient place in the neighbourhood of the Court during the said adjournment,
under the charge of a proper officer of the Court.
Provision in case 18. And be it further enacted and ordained, that if, during the trial of any action,
of death or dis
ability ofjuror. indictment, or information, any one or more of the jurors, not exceeding the number
of three, shall be disabled by death, illness, or bodily infirmity, from serving on the jury,
it shall be lawful for the Court in its discretion to order the trial of such action, indict
ment, or information, to be proceeded with in like manner as if the full number of
jurors had continued to serve on the jury, and auy verdict returned by the remainder
of the jurors, not being less than three in number, shall be of equal validity and have
the same force and effect, as if it had been returned by a jury consisting of the full
number of six jurors ; or it shall be lawful for the Court to cause a new jury to be im
panelled, sworn, and charged with any prisoner ; and the action, indictment , or infor
mation shall be tried as if such first jury had not been impanelled.
In case jury 19. And be it further enacted and ordained , that whenever the jury in any case
cannot agree
upon verdict. has withdrawn, and been kept apart for the purpose of considering their verdict, and
shall not have returned the same before all the other cases for trial at the same sittings
or sessions shall have been disposed of, and when it shall sufficiently appear to the
ORDINANCE No. 7 OF 1845 . 135
Jurors.
Court that the said jury cannot agree upon a verdict, the Court shall discharge such
jury, and shall cause a new jury to be impanelled, and sworn, and charged with any
prisoner, and the action , indictment, or information shall be tried as if such first jury
had not been impanelled.
20. And be it further enacted and ordained, that the verdict of the jury shall in Verdict.
all cases be given by the foreman, in open Court, and in the presence of all the said
jury, and, if a criminal proceeding, in the presence of the prisoner, and shall be there
upon recorded by the Registrar of the said Court ; and the said Registrar shall, before
taking the said verdict, ask if they are all agreed thereon, and whether they find for
the plaintiff, or for the defendant, and in the case of a prisoner whether they find such
prisoner "Guilty" or " Not Guilty ; " and the said jury shall either pronounce a general
verdict for the plaintiff, or defendant, or of " Guilty " or " Not Guilty," or else shall
return a special verdict finding the facts of the case : Provided always, that the said
jury may acquit any prisoner of a part of the charge against him, and find him guilty
of the remainder.
21. And be it further enacted and ordained , that in the construction of this Or Interpretation
clause.
dinance wherever in describing any person or party, matter or thing , the word import
ing the singular number only is used, the same shall be understood to include, and
shall be applied to, several persons or parties as well as one person or party, and several
matters or things as well as one matter or thing, respectively, unless there be some
thing, in the subject or context repugnant to such construction.
SCHEDULE TO WHICH THIS ORDINANCE REFERS .
Summons to Jurors.
Mr. A. B.
You are hereby summoned to appear as a (either common or special as the case may be,) juror at the Summons to juror.
Sec. 9.
Supreme Court to be holden at in this Colony, on the
day of next, and there to attend from day to day until you shall be discharged
from the said Court.
(Signed,) W. C.,- Sheriff.
N. B.-The penalty for disobedience hereto is any sum not exceeding one hundred dollars in the case
of a common juror, or two hundred dollars in the case of a special juror.
[ Repealed by Ordinance No. 4 of1851. ]
136 ORDINANCE No. 8 OF 1845 .
Criminal Proceedings.
No. 8 of 1845.
Title. An Ordinance to regulate Criminal Proceedings .
[ 19th August, 1845. ]
Indictment or E it enacted and ordained, that for the purpose of bringing a criminal case under
information.
BR the cognizance of the Supreme Court, an indictment or information , duly signed
by the Attorney General, or, in his absence, by the Colonial Secretary, shall be as valid
and effectual in all respects as if the same had been presented by a grand jury. [ See
Ordinance No. 6 of 1846. ]
Effect of plea of 2. And be it further enacted and ordained , that every prisoner, upon being
" Not guilty."
arraigned upon or charged with any indictment or information, by pleading generally
thereto the plea of " not guilty " shall, without further form, be deemed to have put
himself or herself upon the country for trial .
Refusal to plead. 3. And be it further enacted and ordained , that if any prisoner being arraigned
upon, or charge with any indictment or information, stand mute of malice, or will not
answer directly to the indictment or information , the Court shall, if it shall so think
fit, order the Registrar to enter a plea of " not guilty " on behalf of such prisoner, and
the plea so entered shall have the same force and effect as if such prisoner had actually
pleaded the same ; or else the Court shall thereupon cause a jury to be impanelled to
try whether the prisoner be of sound or unsound mind ; and if he or she shall be found
to be of unsound mind, the Court shall make such order touching the safe custody of
the said prisoner as to the Court shall seem just and proper ; and if he or she shall be
found of sound mind, the Court shall proceed with the trial of the said prisoner.
Amendment of 4. And be it further enacted and ordained, that before the jury are charged with
indictment or
information.
the trial of any prisoner, or during the progress of any such trial, it shall be lawful for
the Court to amend the indictment or information in any matter of form not calculated
to prejudice or mislead the prisoner in his or her defence.
Judgment not to 5. And be it further enacted and ordained, that no judgment upon any indictment
be reversed,
except upon or information, whether after verdict of the jury, or upon confession of the prisoner, or
objections
arising upon
record. otherwise, shall be stayed or reversed , except for objections arising upon the face of
the record, and whereby the proceedings thereon are rendered erroneous or defective.
Judgment not to 6. And be it further enacted and ordained, that no such judgment shall be stayed
be reversed for
want of aver or reversed for want of the averment of any matter unnecessary to be proved ; nor
ments of
immaterial because any person or persons mentioned in the indictment or information is or are
matters, &c.
designated by name of office or other descriptive appellation , instead of his or their
proper name or names ; nor for omitting to state, or erroneously stating, the time or
place at which the offence was committed in any case in which time or place is not of
the essence of the offence ; Provided that the Court shall appear by the indictment or
information to have had jurisdiction in the case ; nor on the ground of any objection
to the form or relevancy of the indictment or information which , if stated before the
jury were impanelled, or during the progress of the trial, might have been amended by
ORDINANCES Nos . 8 AND 9 OF 1845 . 137
Criminal Proceedings. Supreme Court- Summary Jurisdiction.
the Court ; nor because of any error committed in summoning or swearing the jury, or
any of them ; nor because any person who has served upon the jury has not been
returned by the sheriff ; nor because of any objection which might have been stated as
a ground of challenge of any of the jurors, except the objection of minority ; nor for
any informality in swearing the witnesses, or any of them.
7. And be it further enacted and ordained , that in the construction of this Interpretation
clause.
Ordinance, wherever, in describing any person or party, matter or thing, the word
importing the singular number or the masculine gender only is used, the same shall be
understood to include, and shall be applied to, several persons or parties as well as one
person or party, and females as well as males, and several matters or things as well as
one matter or thing respectively, unless there be something in the subject or context
repugnant to such construction.
[Repealed by Ordinance No. 3 of 1865. ]
No. 9 of 1845 .
An Ordinance to invest the Supreme Court of Hongkong with a summary Title.
Jurisdiction in certain Cases .
[ 19th August, 1845. ]
THEREAS it is expedient that debts and damages of a small and trifling amount Preamble.
WH should be recoverable in the Supreme Court of Hongkong in a summary and
expeditious manner :
1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Summary
jurisdiction of
advice of the Legislative Council thereof, that the said Supreme Court shall have full Court.
[See Ordinance
No. 5 of 1854.J
power and authority to hear and determine in a summary way, and without the inter
vention of a jury, all disputes and differences between party and party touching any
matter of debt, breach of covenant or promise, injury to the person or property, or
other matter, where the debt or damages sought to be recovered shall not exceed the
sum of one hundred dollars, [Amended by Section 2 of Ordinance No. 3 of 1849. ] except
the matter in question shall relate to the title of any lands, tenements, or hereditaments,
or to the taking of any duty payable to Her Majesty, or to any fee of office or other
matter where rights in future might be bound, or to any general right or duty : Provided
that no party shall be precluded or exempted from suing or being sued under the aforesaid
summary jurisdiction by reason of his or her not having attained the full age of twenty
one years, or by reason of coverture where the husband shall not be resident within the
said Colony of Hongkong. [ Amended further by Ordinance No. 5 of 1854. ]
138 ORDINANCE No. 9 OF 1845 .
Supreme Court - Summary Jurisdiction.
No cause of 2. And be it further enacted and ordained , that no cause of action or complaint
action to be split,
but the Court which shall exist at any one time, and amount in the whole to a sum exceeding the sum
may decide *
thereon, if of one hundred dollars as aforesaid, shall be split or divided so as to be made the
plaintiff be
satisfied to
receive the sum ground of two or more different actions or complaints, in order to bring such cases
awarded in full
of all demands. within the summary jurisdiction created by this Ordinance ; but if the Chief Justice
[* See Ordinance
No. 3 of 1849.] of the said Supreme Court shall find that the plaintiff in any case shall have split his
cause of action or complaint as aforesaid, he shall dismiss the said action or complaint
with the ordinary costs of a dismissal, without prejudice, however, to the plaintiff's
right to sue upon such cause of action or complaint in such other manner as he lawfully
may : Provided that if such plaintiff shall be satisfied to recover such sum as, accord
ing to this Ordinance, the summary jurisdiction of the said Court is made to extend
to, in full of the whole of such his demand, then the said Chief Justice shall and may,
if such plaintiff shall satisfactorily prove his case, make and pronounce an order or
decree for such plaintiff for such sum as shall in such case be demanded by the process ,
so as such sum does not exceed the summary jurisdiction created by this Ordinance ;
and the same shall be expressed in such order or decree to be, and shall be, in full dis
charge of the whole of such demand, and shall be a full and complete bar to any other
action or complaint which may be brought or made thereon in the same or any Court
whatever.
No summary 3. And be it further enacted and ordained, that nothing herein contained relating
jurisdiction in
certain cases.
to the summary jurisdiction aforesaid shall extend to any debt being the disputed bal
ance of an unsettled account originally exceeding one hundred dollars, nor to any debt
or supposed debt, for any money or thing won, or alleged to have been won, at or by
means of any horse-race, cock-match, wager, or any kind of chance, gaming, or play, or
to any debt for which there has not been a contract, acknowledgment, undertaking, or
promise to pay, within three years before the taking out of the summons. [In so far
as it relates to any disputed balance of an unsettled account : Repealed by Ordinance No.
3 of1849.]
Power to 4. And for the better discovery of the truth, and the more speedily obtaining the
examine
plaintiff's and end of such actions or complaints, be it further enacted and ordained, that it shall and
defendants on
oath, and to may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs, defendant
award costs, &c.
or defendants , viva voce on their several corporal oaths ; and that it shall be lawful for
the said Chief Justice to award costs in all actions or complaints heard and determined
under the aforesaid summary jurisdiction , and to allow to the plaintiff or defendant,
and to his, her, or their witnesses, such reasonable sum or sums of money for his, her,
or their attendance and loss of time as he the said Chief Justice shall think fit.
Proceedings, 5. And be it further enacted and ordained, that the several proceedings , orders,
orders, &c. to be
in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in
prescribed in
schedule. pursuance of the aforesaid summary jurisdiction , shall be in the form prescribed in
the schedule hereunto annexed , or as near thereto as circumstances will admit .
ORDINANCE No. 9 OF 1845 . 139
Supreme Court- Summary Jurisdiction.
6. And be it further enacted and ordained , that it shall be lawful for the said Court may
dismiss action or
Chief Justice, and he is hereby authorized and empowered, to dismiss any such action complaint with
costs.
or complaint before him with costs, and either on the merits, or without prejudice to
further or other proceedings , as he shall think fit.
7. And be it further enacted and ordained , that if any action or suit shall be Consequences of
not proceeding
under summary
commenced in the said Supreme Court for any debt or damages other than herein jurisdiction.
[ * See Ordinance
before excepted, not exceeding the sum of one hundred dollars, * and recoverable under No. 3 of 1849.]
and by virtue of the summary jurisdiction given by this Ordinance, the plaintiff or
plaintiffs in such action or suit shall not, by reason of any verdict for him, her, or
them, or otherwise, be entitled to any costs whatsoever ; and if the verdict shall be
given for the defendant or defendants in such action or suit, and the Chief Justice of
the said Court shall think fit to certify that such action or suit ought to have been
brought and tried before him under the summary jurisdiction of the said Court, then
such defendant or defendants shall have double costs, and shall have such remedy
for recovering the same as any defendant or defendants may have for his, her, or
their costs in any case by law.
8. And be it further enacted and ordained , that no person whatever shall be Plaintiffs and
defendants to
attend
permitted to appear and act in any such summary proceeding for or on behalf of any personally,
unless
plaintiff or defendant therein, unless it shall be first proved to the satisfaction of the unavoidably
prevented.
Chief Justice of the said Supreme Court that such plaintiff or defendant is prevented
by some unavoidable necessity, or some good or sufficient cause, from attending
such Court in person .
9. And be it further enacted and ordained, that the provisions contained in the Witness not
attending, and
26th section of Ordinance No. 6, with respect to the non-attendance of witnesses persons guilty
of contempt,
pursuant to their subpoenas, and to persons guilty of a contempt of Court, shall apply how punished.
to and be in force as to all matters and proceedings under the summary jurisdiction
of the said Supreme Court.
10. And be it further enacted and ordained , that the provisions contained in the Perjury.
27th section of Ordinance No. 6, made with respect to persons guilty of wilful and
corrupt perjury, shall apply to and be in force as to all matters and proceedings under
the summary jurisdiction of the said Supreme Court.
11. And be it further enacted and ordained, that in each and every case within Execution.
the summary jurisdiction of the said Supreme Court where the Chief Justice thereof
shall have made any order or decree for the payment of money, it shall and may be
lawful for the said Chief Justice, at the prayer of the party so prosecuting such order
or decree, to issue a writ or precept signed by the said Chief Justice, in the form given
in the schedule hereunto annexed , which writ or precept shall be directed to one or
more bailiff or bailiffs of the said Court, who is and are hereby authorized and
empowered to levy the amount thereof ofthe goods, chattels and effects, lands,
tenements, and hereditaments, of the defendant, or to arrest the defendant, as the
140 ORDINANCE No. 9 OF 1845 .
Supreme Court- Summary Jurisdiction.
Power to appoint case may be : Provided that it shall be lawful for the said Chief Justice, and he is
special bailiffs.
hereby empowered and authorized , when thereto required by the plaintiff in any suit
or proceeding wherein such writ or precept may be issued, to appoint one or more
special bailiff or bailiffs , to be named by the said plaintiff, to execute such writ or
precept, upon receiving from such plaintiff full and sufficient security against any
improper use or abuse of such writ or precept.
Orders and 12. And be it further enacted and ordained, that all such orders and decrees
decrees may be
executed shall and may be carried into execution in any district or place whatsoever within the
anywhere within
the Colony.
said Colony, or in any place within the jurisdiction of the said Supreme Court, where
the defendant, his goods, chattels or effects, lands, tenements, or hereditaments, may
Time of levy. be found or be met with : Provided that all executions and processes against the
property of the defendant shall be executed after sunrise and before sunset, and that
any officer or person executing the same at any other time shall be liable to a fine of
not exceeding fifty dollars, which shall be set by the Chief Justice of the said Court,
and enforced by distress and sale of the offender's goods, and, failing these, then to
levy the amount by sale of the lands, tenements, and hereditaments of the defendant.
Mode of 13. And be it further enacted and ordained, that for the purpose of preventing
proceeding in
the writ of any disputes as to the mode of executing the said last mentioned writ or precept, the
execution.
same shall be executed in the following manner : that is to say, that the bailiff or
bailiffs be directed, in the first instance, to levy on the goods, chattels, and effects of
the defendant , and that in the event of such bailiff or bailiffs not being able to find
any goods, chattels, or effects , or any lands, tenements, and hereditaments of the
defendant, and the defendant failing to point out to his or their notice any property
whereon to levy, it shall and may be lawful for the said bailiff or bailiffs to enforce
the order or decree of the Court by the personal arrest and imprisonment of the
Proviso as to defendant, as hereinafter is mentioned : Provided that if previous to the sale of the
disputed claim
to goods, &c. property so levied upon a disputed claim shall be made thereto, and such claim shall
be deposed to on oath before a Magistrate by the party claiming the same or by some
person on his or her behalf, the bailiff or bailiffs, on payment to him or them , or either
of them, of the costs of the levy by such party, or other person claiming on his or her
behalf, shall release such property from the execution, and proceed to enforce the order
or decree of the Court by levying upon other property of the defendant, if any can be
found or pointed out to him or them, or by arresting the body of the defendant, as
hereinbefore is directed.
Imprisonment 14. Provided always, and be it further enacted and ordained, that every such de
by process of
Court not to fendant who shall be arrested and taken in execution under the process of the said
exceed three
months.
[* But see Supreme Court, as aforesaid, shall and may be imprisoned in the prison of the said
Ordinance No. 3
of 1849.] Court, and shall be there detained for a space of time not exceeding three calendar
months, unless before the expiration thereof the order or decree of the said Court
shall have been satisfied ; and in case such order or decree shall not then be
satisfied, such defendant shall be discharged from such prison ; but it shall be lawful
ORDINANCE No. 9 OF 1845 . 141
Supreme Court- Summary Jurisdiction.
for the complainant, at any time within three years after such order or decree,
to take out fresh execution against any estate or effects which such defendant may Liability of
future effects.
have become possessed of or entitled to, until such order or decree shall be fully
satisfied.
15. And be it further enacted and ordained, that no execution awarded against the Execution not to
prejudice
goods of any party or parties shall extend to or be construed to extend to deprive any landlords.
landlord or landlords of the power vested in such landlord or landlords by an act passed
in the eighth year of the reign of Her late Majesty Queen Anne, intituled An Act for 8 Anne, c. 14.
the better Security of Rents, and to prevent Frauds committed by Tenants , of recovering one
year's rent by virtue of and in pursuance of the said Act.
16. And be it further enacted and ordained , that it shall be lawful for the said Court may order
money to be
Chief Justice, whenever it shall appear to him that the levy of the full amount of any paid by
instalments.
such order or decree of the said Supreme Court, at one time, may be attended with
great distress to the defendant, and that such distress may be avoided or lessened by
enlarging the time for satisfying such order or decree, to order and direct the amount
thereof, together with the costs and charges, to be levied by instalments, at such
stated times, and in such proportional amounts, as shall be expressed in such order,
and as shall be reasonable and just : Provided that the time for satisfying any such
order or decree shall not exceed three months from the time of making such order
as aforesaid : Provided also, that if the defendant shall fail to pay any such instal
ment agreeably to such order, in every such case the plaintiff may proceed to take out
execution for the amount of such order or decree, and the costs and charges thereof,
then remaining due and unsatisfied , in like manner as if no such order as aforesaid
had been made.
17. And be it further enacted and ordained , that all orders and decrees, or other Orders to be
final.
decision, so to be made or pronounced by the said Chief Justice, in any such summary
proceeding as aforesaid , shall be final and conclusive to all intents and purposes what
soever.
18. And be it further enacted and ordained, that in case any action or suit shall Actions against
officers, &c.
at any time hereafter be commenced , or brought against any officer or officers of the
said Supreme Court, or against any other person or persons, for anything done in pur
suance of or under the authority of this Ordinance, it shall and may be lawful for such
officer or officers, or other person or persons, in every such suit or action, to plead the
general issue, and give this Ordinance and the special matter in evidence ; and in case General issue.
the plaintiff or plaintiffs in such action or suit shall have a verdict pass against him or
them , or be non- suit, or discontinue his, her, or their action or suit, the defendant or
defendants shall, in any of the said cases, be allowed double costs.
19. And be it further enacted and ordained , that no action or complaint, or other Proceedings not
to be set aside
proceeding under the summary jurisdiction given by this Ordinance, shall be treated or for want of form.
considered as invalid, or subject to be set aside , on account of any verbal or technical
error ; but that all errors and mistakes not having a tendency to mislead the opposite
party shall and may, in all cases, be amended or altered by the Court.
142 ORDINANCE No. 9 OF 1845 .
Supreme Court - Summary Jurisdiction.
Allowance and 20. And be it further enacted and ordained, that in all actions and complaints or
recovery of fees.
[Sec Ord. No. 3 other proceedings under the summary jurisdiction given by this Ordinance, the fees
of 1849. ]
specified by the schedule hereunto annexed shall, unless and until otherwise ordered
and directed , be established , and be deemed and taken as the lawful fees and emolu
ments for the discharge of the several duties therein specified ; and the Chief Justice of
the said Supreme Court shall have full power to compel the payment thereof in a sum
mary way by order, and on non- payment, by warrant of distress and sale, under his
Registrar to hand, and sealed with the seal of the Court ; and the said fees shall be received and
receive and
account for fees.
accounted for by the Registrar of the said Court, and be paid over quarterly to the
Colonial Treasurer for the public uses of the said Colony .
Power to make 21. And be it further enacted and ordained, that it shall and may be lawful to
rules and orders.
and for the Chief Justice of the said Supreme Court, from time to time, by any general
rule or order, to make such further regulations for the effectual execution of this
Ordinance to him shall seem fit and necessary.
Interpretation 22. And be it further enacted and ordained, that in the construction of this
clause.
Ordinance, wherever in describing any person or party, matter or thing, the word
importing the singular number or masculine gender only is used, the same shall be
understood to include and shall be applied to several persons or parties as well as one
person or party, and females as well as males, and several matters or things as well as
one matter or thing respectively, unless there be something in the subject or context
repugnant to such construction .
Forma relating to SCHEDULE TO WHICH THIS ORDINANCE REFERS .
summary
jurisdiction, Sec. 5
Entry of Plaint.
Entry of plaint. Colony of Hongkong A. B. of
to wit
in the Colony of Hongkong, hereby requires entry to be made in the Supreme Court of the said Colony
acting under its summary juridiction, his plaint against C. D., of
in the said Colony, for a sum of being for (here state generally the cause
ofaction) , in the particular hereunto annexed fully set forth. And the said A. B. hereby declares that
the said particular contains a correct, full, and true statement of his demand against the said C. D. ,
and that the said C. D. is justly and truly indebted to him the said A. B. in the said sum of
and thereupon the said A. B. prayeth that the said C. D. may be summoned to
attend on the day of at the said Supreme Court so acting as
aforesaid, to answer such his demand.
Dated this day of A. D. 184
Witness. A. B., Plaintiff.
Registrar.
Summons.
To
Summons. Hongkong You are hereby summoned and required to attend the Supreme Court of Hongkong to be
to wit
holden at the Court House in at ten o'clock in the forenoon of
day of next, then and there to answer the demand of
ORDINANCE No. 9 OF 1845 . 143
Supreme Court- Summary Jurisdiction.
entered against you in the said Court for the sum of being for (here state
cause ofaction and complaint) ; and herein fail not, or judgment will be passed and execution issued
against you for the said sum and costs. And you will take notice that if you have any debt or demand
to set off against the said plaintiff's claim, you are hereby required to file or deliver the same at the
Registrar's Office at on or before the day of or
you will be precluded from giving evidence thereof on the trial or hearing. And you will further take
notice, that a plaint containing the particulars of the plaintiff's demand against you has been filed in
the Registrar's Office at and that you are at liberty to obtain a copy of the same,
if you shall think proper.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
Endorsed on the Back of Summons.
The within summons was served on the within named defendant by delivering a true copy thereof
on the day of 184
(Officer who served the Summons.)
Notice of Trial or Hearing.
SUPREME COURT OF HONGKONG.
Between A. B., Plaintiff.
and C. D., Defendant.
agkong The Chief Justice having appointed the day of
Notice oftrial.
next to hear the above case, I have received his instructions to require your attendance on that day at
ten o'clock in the forenoon, and to bring with you any witnesses you may deem necessary to support
your claim or demand.
By Order of the Chief Justice,
Registrar.
To
In the above case.
Subpæna.
To
Hongkong
gkong You, and each of you, are hereby commanded that, all excuses being laid aside, you, and Subpana.
each of you, be and appear in your own proper person before the Supreme Court of Hongkong, to be
holden at the Court House in on the day of
at ten o'clock in the forenoon, to testify all and singular what you, or either of you , know in a certain
cause or matter of complaint now pending and undetermined between
plaintiff, and defendant, then and there to be heard and tried. And herein fail
not at your peril.
Witness The Honorable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign.
144 ORDINANCE No. 9 OF 1845 .
Supreme Court- Summary Jurisdiction.
Order or Decree in Favour of Plaintiff.
A. B., Plaintiff.
C. D., Defendant.
Decree in favour of Hongkong It appearing to the Court that the plaintiff hath proved his demand (wholly or in part),
plaintiff.
to wit (
it is ordered and decreed, that the said plaintiff do recover from the said defendant the sum of
together with costs ; and the said C. D. the defendant is
y ed
hereb order to pay to the said A. B. the plaint iff the said sum of in full
satisfaction of the said debt and costs (forthwith, on demand thereof, or by the following instalments ;
namely :--as the case may be).
Dated the day of in the Year of our Lord 184
Debt .£
Costs
£
Entered ChiefJustice.
Registrar.
Form of Dismissal.
A. B., Plaintiff.
C. D., Defendant.
Dismissal, Sec. 6. Hongkong
to wit It appearing to this Court that the plaintiff entered his plaint and caused the above
defendant to be summoned to attend this Court for (here state the cause of action or complaint) ; and
the said plaintiff having failed to prove his said plaint, it is hereby ordered and decreed by the said
Court, that the plaint of the said A. B. be, and the same is hereby dismissed ; and that the said
defendant do recover against the said plaintiff the sum of for costs : And the said
A. B. the plaintiff is hereby ordered and directed forthwith, on demand, to pay the said C. D. the
defendant the said sum of 1 so awarded for his costs herein as aforesaid, and, on
failure thereof, let execution issue to take in execution the goods, chattels, and effects of the said A. B.,
or his body, to satisfy the said costs.
Dated the day of in the Year of our Lord 184
Defendant's costs ..... ..£
Entered Chief Justice,
Registrar.
Warrant or Order on Decree of Dismissal, for Non -payment of Costs.
Warrant on I authorize and empower the bailiff of this Court, and his
dismissal. assistants to execute the above decree.
Dated the day of in the Year of our Lord 184 4
Costs ..... £
Warrant *******
£
Chief Justice.
ORDINANCE No. 9 OF 1845 . 145
Supreme Court- Summary Jurisdiction.
Writ or Precept to Bailiff.
SUPREME COURT OF HONGKONG.
Between A. B., Plaintiff.
and C. D., Defendant.
To Mr. Bailiff, and his assistants.
Hongkong
gkong You are hereby commanded to levy of the goods, chattels, and effects, lands , tenements , Writ or Precept to
bailiff, Sec. 11.
and hereditaments, of of in the Colony of Hongkong, the
sum of which of lately recovered against
for
damages and costs ; and if you shall not find any goods, chattels, or effects, or any lands, tenements ,
or hereditaments belonging to the said defendant whereof to levy, then you are hereby commanded to
take and arrest the body of the said defendant, and him safely to lodge in the custody of one of Her
Majesty's Gaols, within ten days from the date hereof, to satisfy the said
plaintiff his damages and costs, as aforesaid , and have you there this writ.
Witness The Honorable John Walter Hulme ,
Our Chief Justice of our said Colony at Victoria,
the day of
in the Year of our Reign .
Entered
Registrar.
Judgment ………………
Costs
Subpoena
Execution ...
Alias ........
Pluries …………………… ... ..............................
Alias or Pluries.
You are hereby commanded, as before you were commanded (or, as " oftentimes," before you were Alias, &c.
commanded, and then follow the above form.)
Order to discharge Defendant out of Custody.
day of 18
A. B., Plaintiff.
C. D., Defendant.
Supreme Court of Hongkong You are hereby authorized to discharge out of your custody the above
to wit Order to discharge
defendant out of
named defendant, as far as regards the execution in the above case. custody.
By Order of the Court.
Registrar.
To the Sheriff of Hongkong, or any Deputy Sheriff thereof.
146 ORDINANCES Nos . 9 AND 10 OF 1845 .
Supreme Court- Summary Jurisdiction. Aliens - Naturalization .
Table of Fees.
Fees, Sec. 20. For entering every plaint, action, &c., and particulars of demand .... ..$0.50
Entering every appearance and defence ...... 0.25
Summons for defendant and copy. 0.50
Entering notice of hearing .... ..... 0.25
Copy and service on plaintiff and defendant, each 0.40
Any notice required during the course of proceedings .............. 0.25
Fee on hearing and adjudication , where the sum to be recovered shall not exceed $ 50 0.50
Exceeding $50 and not exceeding $ 100 0.75
Each subpoena of witness and copy .............. 0.40
Drawing and signing order for costs, decree, or dismissal, each .......... 0.50
Every oath of party or witness examined ..... 0.25
Chief Justice's warrant to bailiff for executing decree 1.25
Executing any decree or order, where the sum shall not exceed $50 .... ....... 0.50
Exceeding $50 and not exceeding $100 ........ ……….. 1.25
Copies of any other proceedings, per folio 0.12
[ Repealed by Ordinance No. 7 of 1862. ]
No. 10 of 1845.
Title. An Ordinance for the Naturalization of Aliens within the Colony of
Hongkong and its Dependencies.
[ 1st October, 1845. ]
Preamble. HEREAS certain aliens , merchants, and others, have hitherto become residents
W within the said Colony of Hongkong ; and whereas it is probable that other
aliens may hereafter settle therein for the purposes of trade and to the advantage of
the Colony, and it appears fitting and desirable to aid and encourage such persons ; and
whereas, also, some of the said persons have applied to the said Governor that they
:
should be naturalized :
Power to the 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
Governor of
Hongkong to kong, with the advice of the Legislative Council thereof, to encourage the settling of
grant letters
of naturalization aliens, and for the aid and assistance of those already settled, that it shall and may be
in certain cases,
the privileges lawful to and for the Governor of the said Colony, and his successors from time to time,
conferred
thereby being and in all cases where he or they may deem it expedient, to grant letters of naturaliza
limited to the
said Colony.
tion under the seal of the Colony to any person or persons being already settled, or who
shall come to reside and settle therein, and that they respectively, having first duly taken
and subscribed the oath of allegiance before a Magistrate of the said Colony, shall, under
and by virtue of the said letters, be to all intents and purposes fully and completely
naturalized : Provided always, that letters of naturalization shall not be granted by the
Governor under the provisions of this Ordinance to any person who shall not, at the time
ORDINANCES Nos. 10 AND 11 OF 1845 . 147
Aliens- Naturalization . Harbour Regulation.
of the same being granted , be registered in the books of the Land Office, as lessee under
the Crown of lands or houses within the Colony of Hongkong yielding a yearly rent of
not less than ten pounds ; or who shall not have been in the public service within the same
Colony for a period of less than two years before. And it is hereby declared , that the
said letters respectively so to be granted shall only be deemed to confer the privileges
of naturalization within the limits of the said Colony and its dependencies , and that
upon the granting of every such letter patent there shall be charged and payable to
the Colonial Secretary a fee of ten dollars, to be applied to the public purposes of the
said Colony. And it is hereby further declared and provided, that the operation of
this Ordinance be suspended until the pleasure of Her Majesty be known with respect
thereto.
[Disallowance Proclaimed, 1st January, 1848. ]
No. 11 of 1845.
An Ordinance for the further Regulation of the Harbour of Hongkong , Title.
and to repeal Ordinance No. 19 of 1844.
[ 6th October, 1845 .
HEREAS by a certain ordinance made and passed on the twenty-sixth day of Preamble.
WH November, in the year of our Lord one thousand eight hundred and forty- four,
intituled " An Ordinance for the better Regulation of the Harbour and surrounding
Waters of the Island of Hongkong," it was provided , that it should be lawful for the
Governor of Hongkong, with the advice of the Executive Council thereof, to publish
and declare laws and rules for the regulation of the said harbour ; And whereas certain
regulations were made thereunder, and duly published in pursuance thereof ; And
whereas it is deemed advisable that such regulations should be the subject- matter of
legislative enactment, and that the aforesaid Ordinance should be repealed : --
1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Ordinance No. 19
of 1844 repealed .
advice of the Legislative Council thereof, that the said Ordinance No. 19 of 1844 shall
be, and the same is hereby repealed .
2. And be it further enacted and ordained , that all masters and others in charge Masters of
merchant vessels
of merchant vessels shall hoist their numbers on entering the port of Victoria, on to hoist their
signals on
demand being made from the Harbour Master's office by the usual signal for that entering the
port of Victoria,
purpose.
148 ORDINANCE No. 11 OF 1845 .
Harbour Regulation.
Shall on arrival 3. And be it further enacted , that all such masters and other persons shall, within
produce or
deliver certain
documents ; twenty-four hours of their arrival at the said port, report themselves at the Harbour
Master's office, and produce ship's articles , lists of passengers, and manifest of cargo,
and deposit the ship's register, and a true copy of the said manifest if required, under
a penalty not exceeding two hundred dollars, on refusal or neglect of the master or
other person in charge so to do.
And report to 4. And it is hereby further enacted and ordained , that in the event of the death
the Harbour
Master all deaths of any of the crew, passengers, or other persons occurring on board any merchant
or desertions
occurring on vessel whilst in the port, or in case of the desertion or removal of any of the crew, the
board.
master or other person in charge of such vessel shall forthwith report the same in
writing to the Harbour Master, under a penalty of twenty-five dollars for every death,
desertion, or removal which he shall so neglect to report .
No seaman to be 5. And it is hereby enacted and ordained, that no Master or other person shall
left behind
without wilfully or negligently leave behind him in this Colony any seaman brought to it on
certificate of
Harbour Master.
board his vessel, unless on a certificate from the Harbour Master or other person
appointed to grant the same ; and if any seaman shall wilfully or negligently remain in
the Colony after the departure of the vessel which brought him to it, without permission
of the Harbour Master or other person appointed to grant the same, such seaman shall,
on conviction before the Marine Magistrate, forfeit and pay a sum not exceeding
twenty-five dollars, or, in default of payment thereof, be liable to arrest as a vagrant,
and be dealt with accordingly.
Merchant 6. And it is hereby further enacted and ordained , that all seamen permitted to
seamen coming
on shore to be land from merchant vessels on liberty, are to be furnished with a ticket of leave, under
furnished with
ticket of leave,
except in certain the hand of the master or person in charge of the vessel to which such seaman may
cases.
belong, in default of which they shall be liable to the penalties imposed by Ordinance
No. 18 of 1844 : Provided always that this regulation is not to be considered applicable
to men who may come on shore for a time not exceeding six hours on duty or business.
Provisions for 7. And it is hereby further enacted and ordained, that every such master or
the berthing of
vessels in the other person in charge of a merchant vessel arriving at the said port, shall take up the
harbour.
berth pointed out by the Harbour Master, and shall not remove from it to take up any
other berth without his permission, except in case of necessity, under a penalty of one
hundred dollars ; and he shall also remove his vessel to any new berth pointed out by
the Harbour Master, under a fine of twenty dollars for every hour that the vessel shall
remain in her old berth after a notice , demand, or order to shift by the Harbour Master
shall have been given on board of her.
Management of 8. And it is hereby further enacted and ordained, that all masters or other
vessels according
to directions of persons in charge of vessels are immediately to strike their top- gallant yards and
Harbour Master.
masts, to have their jib and spanker booms rigged close in, and moor, or clear
hawse when called upon by the Harbour Master to do so, and are generally to follow
such directions as the state of the weather, the crowded condition of the port, or other
circumstances, may render necessary or expedient in the judgment of the Harbour
ORDINANCE No. 11 OF 1845 . 149
Harbour Regulation.
Master, with a view to the safety of the whole shipping ; and any master or other
persons in charge of vessels disobeying or neglecting this regulation will subject them
selves to a fine not exceeding two hundred dollars : Provided, however, that all trans
ports entitled to carry pendants shall be always berthed by their own agents ; and the
Harbour Master shall make application to the senior naval officer on the spot, respect
ing any movement connected with such transport that he may judge necessary for the
general safety of the shipping in the said port.
9. And it is hereby enacted and ordained, that all masters or other persons in Masters to give
notice of the
charge of vessels about to proceed to sea, shall and are hereby required to give notice intended depar
ture oftheir
vessels.
thereof in writing to the Harbour Master, and hoist a blue peter at least twenty-four
hours before the time of intended departure , under a penalty not exceeding fifty dollars,
unless the Harbour Master shall think fit from a sufficient cause to dispense with the
observance of this regulation ; and it is hereby declared, that no vessel will be allowed
to depart, if the master or other person in charge of it shall not have previously paid
any fines or expenses awarded or incurred for breach of these regulations.
10. And it is hereby enacted and ordained, that the Harbour Master of the said Harbour Master
to furnish port
port shall henceforth furnish to all ships port clearances or certificates , agreeable to clearances.
a form to be deposited in his office, and shall likewise attest their manifest (duplicates
whereof are to be left with the said Harbour Master) ; and every vessel neglecting to
obtain these papers previous to her departure, will do so at her own risk of being de
tained at sea or in other ports for want of her proper papers.
11. And be it further enacted and ordained, that all passage boats , lorchas, or Passage boats
to give two
other small vessels plying between Hongkong and Macao or Canton , shall and are hours' notice of
their intended
hereby required to make known their intended departure two hours before they start departure.
by hoisting a blue peter.
12. And be it enacted and ordained , that seamen or other persons dying on board No dead bodies
or ballast to be
any ship, shall not be thrown overboard within the limits of the said port, under a cast into the
harbour.
penalty of twenty-five dollars, to be paid by the master or other person in charge of
the vessel on board of which such seaman or other person died : And that no such
masters or other persons in charge of vessels, boats, or any other craft, shall throw
overboard any stone or other ballast within the limits of the said port, under a penalty
not exceeding two hundred dollars, to be paid by the master or other person in charge
thereof, without having previously obtained leave in writing from the Harbour Master
for that purpose.
13. And it is hereby enacted and ordained , that, except in self- defence, no musket Provisions as to
the discharge
or small-arm of any description shall be discharged within the limits of the said of guns and
fire-arins within
the harbour.
harbour from any merchant vessel or boat, between the hours of six P.M. and gun-fire
in the morning ; neither shall any great gun be discharged at any time from any
merchant vessel or boat, within the limits of the said harbour, nor any musket or other
small-arm loaded with ball or shot, under a penalty not exceeding two hundred
dollars.
150 ORDINANCE No. 11 OF 1845 .
Harbour Regulation.
Harbour limits 14. And be it further enacted and ordained, that the limits of the harbour of
defined.
Victoria are hereby declared to be defined , for the purposes of this Ordinance, as follows :
" On the west by a straight line drawn from the westernmost point of Hongkong to the
westernmost point of Stone Cutters ' Island , continued to the mainland of China ; on
the east by a straight line drawn from Burn's Point to the nearest part ofthe mainland
of China, and to include all the waters comprehended between these two lines."
Regulations ast 15. And be it further enacted and ordained, that no boat shall move about the
to boats moving
about the har
bour during harbour between the hour of nine P. M. and gun-fire in the morning, under a penalty
night-time, and
with regard to not exceeding fifty dollars, except as hereinafter provided for, or unless furnished with
those plying
for hire. a pass from the Harbour Master ; that is to say, the Harbour Master is hereby em
powered to grant licences for twenty boats to ply for hire within the harbour till the
hour of twelve o'clock at night, the fare after nine P. M. to be one rupee per trip or
per hour, at the option of the person hiring the boat ; and the person obtaining such
licence shall enter into a bond together with a good surety, in a penalty of one hun
dred dollars, conditioned for the observance of all harbour regulations : And that every
licensed boat shall after nine P. M. carry a lantern in a conspicuous place, with the
number of the licence painted on it in large characters ; and if the person in charge
of the boat demands more than his fare, or uses abusive language to passengers , or
neglects to carry a light as required, or refuses without sufficient cause to take a
passenger at the fare hereby established, the party offending, or in his absence the
person to whom the licence for the boat was granted, shall be liable to a penalty not
exceeding twenty-five dollars, and on conviction of the third offence against these
regulations, the licence shall be forfeited, and the penalty in the bond enforced against
him or his surety : Provided always, that boats kept by private persons, and not
plying for hire, shall be permitted to move about the harbour at any time with a
European or American on board, or without such European or American, provided
they have a pass for the night signed by the owner ; and that all boats, whether
private or not , may and shall be subject to be stopped and examined by the guard
boats ; and if the person in charge of any boat does not heave to on being hailed by a
guard boat, or uses abusive language to the officer or persons on board of her in the
execution of their duty, he shall be liable to be detained in custody until he can be
brought before a Magistrate, and on conviction be liable to a fine not exceeding
twenty-five dollars.
Cases arising 16. And be it further enacted and ordained, that where no penalty is attached by
under this
Ordinance to be this Ordinance for the breach or infringement of any provisions therein contained, the
tried by the
Marine Magis
trate, who shall penalty in such cases shall be a sum in the discretion of the presiding Magistrate, not
have power to
enforce penalties exceeding twenty-five dollars ; and that all cases occurring under such ordinance shall
by imprisonment
for a period not be tried by and adjudicated upon before the Marine Magistrate for the time being, to
exceeding one
calendar month. whom it shall be lawful, on conviction , to enforce payment of all or any of the forego
ing penalties when necessary by imprisonment for a period not exceeding one calendar
month.
[ Repealed by Ordinance No. 1 of 1862. ]
ORDINANCE No. 12 OF 1845 . 151
Triad and Secret Societies.
No. 12 of 1845.
An Ordinance to amend Ordinance No. 1 of 1845 , entitled " An Ordinance Title.
for the Suppression of the Triad and other secret Societies in the
Island of Hongkong and its Dependencies. "
[ 20th October, 1845. ]
HEREAS it is deemed expedient to amend the said Ordinance No. 1 of 1845 , Preamble.
Wwith a view to introducing certain limitations, and giving additional certainty to
its provisions :
1. Be it therefore enacted and ordained by His Excellency the Governor of Operation of
Ordinance No. 1
Hongkong, with the advice of the Legislative Council thereof, that no person or persons of 1845 limited to
certain cases .
shall be considered as coming within the provisions or intent of the before mentioned
Ordinance, No. 1 of 1845, who shall have joined the Triad society in ignorance of its
designs , or under the influence of terror, or who shall not be duly convicted of active
participation in some unlawful act arising out of his or their connexion with the said
society.
2. And be it further enacted and ordained , that so far as the said enactment Convicts to be
marked as in
provides that any offender shall , in addition to the other punishments or penalties the case of
deserters, and
banished from
contained in the said Ordinance, No. 1 of 1845 , be marked on the right cheek, the the Island, at
the discretion of
same be, and is hereby repealed : But it is further provided , that in case of any the Court.
conviction under these ordinances, or either of them, the presiding judge shall in his
discretion have power to direct, as an additional punishment, that after the expiration
of the term of imprisonment to which any such offender or offenders may be subjected,
he or they shall be marked in the manner usual in the case of military deserters ,
under the left arm, and expelled or banished from the said Island for the term of his
or their natural lives. [ Repealed by Ordinance No. 3 of 1881.]
3. And be it further enacted and ordained , that in case any person or persons, Persons return
ing to the Island
after being so sentenced as aforesaid, shall return to the said Island, he or they so after banishment
to be transported
for life to a
returning shall or may be transported for life to such British place or settlement as British
settlement.
shall at the time be provided for the reception of convicts under sentence of
transportation from this Colony. [ Repealed by Ordinance No. 3 of 1881. ]
4. And it is hereby further enacted and ordained, that so far as the said Ordinance, Ordinance No. 1
of 1845 not to
No. 1 of 1845, can be construed to provide any penalty against members of any secret apply to any
society other
than the Triad.
society other than the said Triad society (under that or any other assumed name) , the
same be and is hereby repealed.
[ Repealed by Ordinance No 8 of 1887.]
152 ORDINANCE No. 13 OF 1845 .
Ghaut Serang- Lascars.
No. 13 of 1845.
Title.
[See Ord. No. 2 An Ordinance to establish a licensed Ghaut Serang in the Colony of
of 1848.]
Hongkong, and for the better Regulation of Lascars resorting thereto .
[ 25th October, 1845. ]
Preamble. HEREAS it is expedient that lascars resorting to the said Colony should have,
[Por interpreta
tion of"Lascar," W according to usage, the aid and superintendence of a ghaut serang, and also
See Ord. No. 4
of 1846.]
that Legislative provision should be made as respects them and such serang :—
No person to act 1. Be it therefore enacted and ordained by the Governor of Hongkong , with the
as ghaut serang,
or lodge or ship advice of the Legislative Council thereof, that from and after the passing of this Ordi
lascars without
licence.
nance no person shall act as a ghaut serang, or lodge, or ship , or contract for the
shipping of lascars in the said Island, or the harbour thereof, without first having
obtained from the Colonial Secretary of said Island an annual licence for that purpose,
in whose discretion it shall be to grant or disallow the same, and that a sum of two
hundred dollars shall be payable on the issuing of every such licence, and that every
person acting as ghaut serang, or lodging, or shipping, or contracting for the shipping
of any lascar, without such licence, shall be liable, for each offence, to a penalty not
exceeding one hundred dollars.
Serang to 2. And be it further enacted and ordained, that every such licensed serang shall
establish
boarding-houses, establish, for the use of said lascars, one or more boarding-houses , for each of which
and cause
registry of their
inmates to be houses he shall take out and procure a separate licence from the said Colonial Secretary,
made.
which, however, shall be granted on payment of a fee of twenty -five dollars ; and that
when and so often as any person acting as such serang shall receive into any of said
houses, as a boarder or lodger, any lascar or other seaman, he shall , within twenty
four hours after the period of reception , cause the name of such lascar or seaman to
be recorded in the office of the Registrar General, together with the fact of his having
become such boarder or inmate of said house, and whereupon the said Registrar shall
Ghaut serang to issue a certificate of such circumstances : Provided always, that previous to or upon
furnish, for
approval ofthe said serang obtaining such licence, he shall submit, for the inspection and approval of
Government in
Council, a scale of
charges, and the said Governor and Legislative Council, a table or scale of all the charges which are
expose same for
public inspection . to be made against every such lascar, for boarding , lodging, or shipping ; and that no
greater sum shall be received or demanded, on the foot thereof, by such serang ; and
that a true copy or translation , in Hindostanee, of such approved table, shall be hung
up in some conspicuous part of each of the boarding-houses herein mentioned , as also
in the Harbour Master's office : And it is further provided, that in the event of such
serang not complying with any of the directions or provisions of this section, he shall
be liable to a penalty not exceeding the sum of fifty dollars for each offence.
Penalty on the 3. And be it further enacted and ordained, that the said serang shall be liable to
serang for
knowingly a penalty not exceeding the sum of twenty- five dollars when and so often as he shall
shipping an
inefficient lascar.
knowingly ship or supply an inefficient lascar as a seaman on board any ship or vessel,
ORDINANCES Nos . 13 AND 14 OF 1845 . 153
Ghaut Serang- Lascars. Good Order and Cleanliness .
4. And be it further enacted and ordained, that no master or owner of any vessel No lascar to be
shipped until the
shall ship or receive on board his or their vessel any lascar, until the Harbour Master Harbour Master
shall have
inspected him
shall have inspected him, and attached his the Harbour Master's signature to the and signed the
shipping agree
shipping agreement of every such lascar ; and that every such master or owner so ment.
shipping a lascar seaman without such signature so attached shall for each offence be
liable to a penalty not exceeding the sum of fifty dollars.
5. And it is hereby further enacted and ordained, that all penalties imposed by Penalties
recoverable in a
this Ordinance shall be recoverable in a summary manner before the Marine Magistrate summary
manner before
the Marine
of the said Colony, and be applied to the public purposes thereof. Magistrate.
[ Repealed by Ordinance No. 6 of 1852. ]
No. 14 of 1845.
An Ordinance to repeal Ordinance No. 5 of 1844, entitled " An Title.
Ordinance for the Preservation of Good Order and Clean
liness within the Colony of Hongkong and its Depen
dencies," and to make other Provisions in Lieu thereof.
[ 26th December , 1845. ]
THEREAS it is expedient to repeal Ordinance No. 5 of 1844 , enti Preamble.
WHE [For con
tled , An Ordinancefor the Preservation ofgood Order and Cleanliness struction of
the Ordinance
within the Colony of Hongkong and its Dependencies, and to make other see Ordinance
provisions in lieu thereof : No. 12 of
1856.]
1. Be it therefore enacted and ordained by His Excellency the Ordinance
No. 5 of 1844
Governor of Hongkong, with the advice of the Legislative Council there repealed .
of, that from and after the passing of this Ordinance the said recited Or
dinance shall be, and the same is , hereby repealed .
2. And be it further enacted and ordained, that every person shall Prohibiting
nuisances in
be liable to a penalty not exceeding five pounds , who, within the Colony thorough
fares.
of Hongkong, shall in any thoroughfare or public place, or adjacent
thereto, commit any of the following offences ; that is to say :
1. Every person who shall throw or lay, or cause, or knowingly
permit to be thrown or laid, any carrion , dirt, soil, straw, or
dung, or any other filth , rubbish, or noisome or offensive mat
154 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
ter whatsoever, on any of the roads , streets , ways , or public
passages , or into any well, stream, or watercourse, ford, or
reservoir for water, any of the drains or sewers made or to be
made within the said Colony ; or shall permit or suffer any
such noisome or offensive substance as aforesaid to remain ex
posed in any drain, sewer, or elsewhere, opposite to or withinthe
immediate neighbourhood of his house, or shall allow any ac
cummulation of filth or offensive substances within the pre
mises occupied by him , to the annoyance of the inhabitants or
passengers ; or shall in any manner defile or pollute any well ,
or stream, or watercourse, used by any of the inhabitants of
the town of Victoria, or for the supplying with water of ships
resorting to the harbour of the said Colony.
2. Every person who shall commit any nuisance in the neighbour
hood of any house or place of public passage.
3. Every person who shall set out or leave, or cause to be set out
or left, any scaffolding, bricks , lime, barrels, bales or cases of
merchandise, or any other matter or thing which shall or may
obstruct, incommode, or endanger any person or carriage in
any public road or thoroughfare.
4. Every person who shall expose anything for sale in or upon , or
so as to hang over any carriage- way or footway, or on the
outside of any house or shop, or who shall set up or continue
any pole, blind , awning , line , or any other projection from any
window, parapet, or other part of any house , shop , or other
building , so as to cause any annoyance or obstruction in any
thoroughfare.
[See Ord. No. 5. Every person who shall encroach on any public way or Crown
15 of 1889
88. 36 & 77. ] land by erecting any building, either on or projecting over the
same, or shall construct any spout which shall project the rain
water thereon .
6. Every occupier or owner of any house, building, or other erection
who shall neglect to repair or remove the same when in a
ruinous or unsafe state, and which shall or may endanger the
passengers in any thoroughfare .
ORDINANCE No. 14 OF 1845 . 155
Good Order and Cleanliness.
7. Every person who shall ride or drive on any foot - path without
obvious necessity ; or shall ride or drive in a furious manner,
or so as to endanger the life or limb of any person , or to the
common danger of the passengers in any public road or
thoroughfare ; or who, passing or meeting another horse or
carriage, shall not keep to the customary side of the road .
8. Every person who shall lead or ride any horse or other animal ,
or draw or drive any cart or carriage, sledge, truck , or barrow,
upon any footway, or fasten any horse or other animal so that
it can stand across or upon any footway, or shall turn loose
any horse or cattle upon the public road or thoroughfare.
9. Every person who shall, in any thoroughfare or public place, to
the annoyance of the inhabitants or passengers , kill or slaughter,
or expose for show or sale ( except in a market lawfully appointed
for that purpose ) , or feed or fodder any horse or other animal ,
or shoe, bleed , or farry any horse or animal ( except in cases of
accident ) , or turn loose, clean, dress, exercise , train , or break
any horse or animal , or clean, make, or repair any part of any
cart or carriage, except in cases of accident where repair on the
spot is necessary .
10. Every person who shall keep any dog accustomed to annoy
passengers by barking or otherwise , or suffer to be at large any
unmuzzled ferocious dog or other animal belonging to him, or
set on or urge any dog or other animal to attack , worry, or put
in fear any person , horse , or other animal .
11. Every person who, upon any public footway, shall roll or carry
any barrel , cask , butt, or other thing calculated to annoy or
incommode the passengers thereon, except for the purpose of
housing them or of loading any cart or carriage on the other
side of the footway.
12. Every person who in, near, or adjoining any public road or
thoroughfare , shall wantonly or unnecessarily blow any horn ,
beat any gong or drum, or make any other noise calculated to
annoy or alarm any person , or to frighten any horse or other
animal : Provided always, that nothing herein contained shall be
156 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
construed and extend to any religious procession or festival, for
[ * See Ord. the due celebration of which the consent of the * Chief Magistrate of
No. 6 of
1862.] Police has been obtained. [ Repealed by Ordinance No. 9 of
1886. ]
13. Every person who shall wantonly discharge any fire- arms, or
throw or discharge any stone or other missile, or make any
bonfire, or throw or set fire to any firework, to the damage or
danger of any person .
14. Every person who shall wilfully and wantonly disturb any in
habitant by pulling or ringing any door -bell, or by knocking
or striking at any door without lawful excuse, or who shall
wilfully and unlawfully extinguish the light of any lamp.
15. Every person who shall play at any game or pastime to the
annoyance of the inhabitants or passengers .
16. Every person who shall play at any game in any public passage
or road so as to obstruct the same, or create a noisy assembly
therein .
17. Every person who shall beg, or expose any sore or infirmity to
view, for the purpose of exciting compassion and obtaining alms,
or [ Repealed by Ordinance No. 8 of 1882 ; see also Ordinance
No. 8 of 1876 ] shall lewdly and indecently expose his person
by bathing or otherwise near any public road or dwelling- house.
And it shall be lawful for any constable belonging to the Police
Force to take into custody, without warrant , any person who shall com
mit any such offence within view of any such constable ; or if such offence
shall not have been committed within view of such constable, then, upon
complaint of the party who shall have been injured or annoyed by, or
been witness to , the commission of any such offence ; and in the absence
of any such constable, it shall be lawful for the party so injured or annoyed,
or who shall have seen the offence committed , to seize and detain the
offender until he can be given into the custody of such constable, or until
he can be taken before a Magistrate.
Prohibiting 3. And be it further enacted and ordained , that every person who
other
nuisances, &c. shall within the said Colony be guilty of any ofthe following offences
shall be liable to a penalty not exceeding five pounds : -
ORDINANCE No. 14 OF 1845. 157
Good Order and Cleanliness .
1. Every person who shall erect any shed or house of matting or [See Ord. No.
15 of 1889
other inflammable material, so as in case of fire to endanger sec. 58. ]
any neighbouring building.
2. Every person who , without the consent of the owner or occupier ,
shall affix any posting-bill or other paper against or upon any
building, wall, fence, or pale, or write upon, soil , deface, or
mark any such building , wall, fence, or pale with chalk or paint ,
or in any other way whatsoever , or wilfully break, destroy ,
or damage any part of such building, wall , fence, or pale , or any
fixture or appendage thereto .
3. Every person employed as a domestic servant, who shall neglect
or without just cause absent himself from his duty without the
leave of his employer , or shall leave his employer's service
without giving reasonable notice to the said employer , or shall
wilfully disobey his employer's lawful and reasonable orders
or use any abusive or insulting language or behaviour to his
employer, or be guilty of riotous and disorderly conduct.
4. Every person who shall neglect to affix to his house, and keep
alight during the night, such lamp or lanthorn as may be
required and approved of by the Superintendent of Police.
5. Every person who shall keep a house or other building for the
occupation or resort of public prostitutes, to the annoyance of
any person inhabiting or residing near thereto .
6. All persons assembling together in the night-time without lawful
excuse ; and every person seeing any such illegal assemblage ,
or knowing, or having reason to suspect that such assemblage
had taken place or was about to take place , who shall not give
immediate notice thereof to the nearest guard house or Police
station, or to some constable belonging to the Police Force.
7. Every person employed as a private guard or watchman who
shall sleep on his post, or be negligent, remiss, or cowardly in
the execution of his duty.
8. Every owner, headman, or other person in charge of any boat which shall be
found alongside of any public wharf or landing - place (unless while taking
on board or landing passengers or cargo) , or lying off the same, so as to
prevent the free access of other boats thereto ; and the owner, headman, or
other person in charge of any boat which shall be moored or at anchor at a
158 ORDINANCE No. 14 OF 1845.
Good Order and Cleanliness.
distance of less than one hundred and fifty [" Three hundred " as amended
by Ordinance No. 9 of 1857. ] yards from low water-mark, between the hours
of nine o'clock at night and gun-fire in the morning : Provided always, that
nothing herein contained shall be construed to extend to any boat moored or
at anchor alongside of any private wharf with the consent of the owner
thereof. [ Repealed by Ordinance No. 8 of 1879. ]
9. Every person who shall cast or throw any ballast, rubbish, or other substance,
either from the shore or from any vessel, into the harbour of the said Colony,
so as to create a nuisance or obstruction therein, or shall neglect within a
reasonable time to remove any sunken vessel in the said harbour belonging
to him or in his charge or keeping. [ Repealed by Ordinance No. 8 of 1879.]
10. Every person who shall wantonly or cruelly mutilate or other
wise ill-use any horse, mule, dog, or other animal .
And it shall be lawful for any constable belonging to the Police
Force to take into custody without warrant any person who shall commit
any such offence within view of any such constable ; or if such offence
shall not have been committed within view of such constable, then upon
the complaint of the party who shall have been injured or annoyed by,
or been witness to , the commission of any such offence ; and in the
absence of any such constable it shall be lawful for the party so injured
or annoyed, or who shall have seen the offence committed , to seize and
detain the offender until he can be given into the custody of such con
stable, or until he can be taken before a Magistrate .
Dogs mad or 4. And be it further enacted and ordained , that it shall be lawful
straying, &c.
for any constable belonging to the Police Force to destroy any dog or
other animal reasonably suspected to be in a rabid state, or which has
been bitten by any dog or animal reasonably suspected to be in a rabid
state : and the owner of any such dog or animal, who shall permit the
same to go at large after having information or reasonable ground for
believing it to be in a rabid state , or to have been bitten by a dog or
other animal in a rabid state , shall be liable to penalty of not more then
ten pounds : And it is hereby further enacted and ordained , that it shall
be lawful for any constable belonging to the Police Force to destroy
any dog which shall be found straying or wandering about during the
day-time without any owner, and not wearing a collar with the name and
residence of the owner inscribed thereon ; and such constable is hereby
further authorized to destroy any dog which shall be found straying or
wandering about between the hours of ten o'clock at night and gun -fire
in the morning .
ORDINANCE No. 14 OF 1845. 159
Good Order and Cleanliness.
5. And be it further enacted and ordained, that no person other Cannon, &c.
not to be fired
than persons acting in obedience to lawful authority, shall discharge near dwelling
houses.
any cannon or other fire-arm of greater calibre than a common
fowling-piece within three hundred yards of any dwelling-house within
the said Colony , to the annoyance of any inhabitant thereof ; and every
person who, after being warned of the annoyance by any inhabitant,
shall discharge any such fire-arm, shall be liable to a penalty of not more
than ten pounds .
6. And be it further enacted and ordained , that every person who Prohibiting
offences in
within the said Colony, or the harbour or waters thereof, shall commit the Colony or
harbour of
any of the following offences , shall be liable to a penalty of not more Hongkong.
than ten pounds , or in the discretion of the convicting Magistrate to be
imprisoned for any term not exceeding fourteen days :
1. Every person who shall knowingly take in exchange from any
seaman or other person , not being the owner or master of any
vessel, anything belonging to any vessel lying in the harbour
or waters aforesaid , or any part of the cargo of such vessel , or
any stores or articles in charge of the owner or master of any
such vessel.
2. Every person who shall unlawfully cut, damage, or destroy any of the ropes,
cables, cordage, tackle, headfasts , or other furniture of or belonging to any
ship, boat, or vessel lying in the harbour or waters aforesaid, with intent to
steal or otherwise unlawfully obtain the same or any part thereof.
3. Every person who for the purpose of preventing the seizure or discovery of any
materials, furniture, stores, or merchandise belonging to , or having been part
of the cargo of any ship, boat or vessel lying in the harbour or waters afore
said, or of any other articles unlawfully obtained from any such ship or
vessel, shall wilfully let fall or throw into the harbour or waters aforesaid , or
in any other manner convey away from any ship, boat, or vessel, wharf,
quay, or landing-place, any such article, or who shall be accessory to any
such offence ; and it shall be lawful for any constable to take any such
offender into custody, and to seize and detain any boat in which such person
shall be found, or out of which any article shall be so let fall, thrown, or
conveyed away. [ Sub-sections 2 and 3 repealed by Ordinance No. 8 of
1879.]
4. Every person who for the purpose of protecting or preventing
any thing whatsoever from being lawfully seized within the said
Colony or in the harbour or waters thereof, on suspicion of its
being stolen or otherwise unlawfully obtained , or of preventing
160 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
the same from being produced or made to serve as evidence
concerning any felony or misdemeanour committed or supposed
to have been committed within the said Colony or in the waters
thereof, shall frame or cause to be framed any bill of parcels
containing any false statement in regard to the name or abode
of any alleged vendor, the quantity or quality of any such thing,
the place whence or the conveyance by which the same was
furnished, the price agreed upon or charged for the same, or
any other particular, knowing such statement to be false, or
who shall fraudulently produce such bill of parcels , knowing
the same to have been fraudulently framed .
5. Every person who shall, within the said Colony, or in the harbour
or waters thereof, bore, pierce , break, cut open, or otherwise
injure any cask , box, or package, containing wine, spirits , or
other liquors on board any ship , boat, or vessel , or in or upon
any warehouse, wharf, quay, or bank, with intent feloniously
to steal or otherwise unlawfully obtain any part of the contents
thereof, or who shall unlawfully drink or wilfully spill or allow
to run to waste any part of the contents thereof.
6. Every person who shall, within the said Colony or in the harbour
or waters thereof, wilfully cause to be broken , pierced , started ,
cut, torn , or otherwise injured , any cask , chest, bag, or other
package containing any goods, while on board of any barge,
lighter, or other craft, lying in the harbour or waters aforesaid ,
or any quay, creek, wharf, or landing - place adjacent to the same,
or on the way to or from any warehouse, with intent that the
contents of such package or any part thereof may be spilled or
dropped from such package.
Superintendents 7. And be it further enacted and ordained, that any superintendent or inspector
and inspectors
may board belonging to the Police Force shall have power by virtue of his office to enter at all times,
vessels .
with such constables as he shall think necessary, as well by night as by day, into and
upon every ship, boat, or other vessel (not being then actually employed in Her Majesty's
service) lying in the harbour or waters aforesaid, and into every part of such vessel, for
the purpose of inspecting and upon occasion directing the conduct of any constable who
may be stationed on board of any such vessel, and of inspecting and observing the conduct
of all other persons who shall be employed on board of any such vessel in or about the
lading or unlading thereof, as the case may be, and for the purpose of taking all such
measures as may be necessary for providing against fire or other accidents, and preserving
ORDINANCE No. 14 OF 1845 . 161
Good Order and Cleanliness.
peace and good order on board of any such vessel, and for the effectual prevention or
detection of any felonies or misdemeanours. [ Repealed by Ordinance No. 8 of 1879. ]
8. And be it further enacted and ordained, that it shall be lawful for every super Superintendent,
&c., having just
intendent, inspector, or sergeant belonging to the Police Force, having just cause to cause to suspect
felony, may enter
on board vessels
suspect that any felony has been or is about to be committed in or on board of any ship , and take up
boat, or other vessel lying in the harbour or waters aforesaid , to enter at all times , as suspected
persons.
well by night as by day, into and upon every such ship, boat, or other vessel, and therein
to take all necessary measures for the effectual prevention or detection of all felonies
which he has just cause to suspect to have been or to be about to be committed in or
upon the harbour or waters aforesaid, and to take into custody all persons suspected of
being concerned in such felonies, and also to take charge of all property so suspected to
be stolen. [ Repealed by Ordinance No. 8 of 1879. ]
9. And be it further enacted and ordained , that every person who Removing
land-marks.
shall remove or carry away any stone or stake driven into the ground as
a land-mark, or for the purpose of defining or marking the boundaries of
any lot or parcel of ground , shall be liable to a penalty of not more
than five pounds, or, at the discretion of the convicting Magistrate, to be
imprisoned for any time not exceeding seven days .
10. And be it further enacted and ordained , that every person who Wantonly
breaking or
shall wilfully cut, break, damage, injure , or destroy any tree , shrub , or injuring trees ,
fences, &c.
underwood, whether the property of the Crown or of any private indivi
dual, or shall wilfully damage, break, or destroy any fence or any wall ,
bridge, or embankment , shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the convicting Magistrate, to be impri
soned for any term not exceeding fourteen days .
11. And be it further enacted and ordained, that every person who shall expose or Exposing for sale
unwholesome
proffer for sale in any market or elsewhere any liquor, meat, fish, vegetable, or other food, &c.
article of food, in a tainted, noxious, adulterated , or unwholesome state, shall be liable to
a penalty of not more than five pounds, or, in the discretion of the presiding Magistrate,
to be imprisoned for any term not more than seven days . [ Repealed by Ordinance No.
17 of 1887.]
12. And be it further enacted and ordained , that every person who Unlawfully
possessing
shall have in his possession any spear, bludgeon, or other offensive offensive
weapons, &c.
weapon, or any crowbar, picklock, skeleton -key, or other instrument fit
for unlawful purposes , with intent to use the same for any such unlawful
purpose , or who shall be unable to give a satisfactory account of his
possession thereof, shall be liable to a penalty of not more than ten
pounds, or, in the discretion of the presiding Magistrate, to be imprisoned
for any term not exceeding fourteen days .
162 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
Behaving 13. And be it further enacted and ordained, that every person who
riotously or
provoking shall behave in a riotous, noisy, or disorderly manner, or shall use any
breach of the
peace. profane or indecent language, or any threatening, abusive, or insulting
words or behaviour, with intent to provoke a breach of the peace, or
whereby a breach of the peace may be occasioned , shall be liable to a
penalty of not more than five pounds , or, in the discretion of the convict
ing Magistrate, to be imprisoned for a term not exceeding seven days.
Improperly 14. And be it further enacted and ordained , that every person , not
possessing the
arms or being a constable of the Police Force, who shall have in his possession
clothing, or
assuming the any article being part of the clothing, accoutrements , or appointments
character of
a policeman, supplied to any such constable, and who shall not be able satisfactorily
&c.
to account for his possession thereof, or who shall put on the dress , or
take the name, designation , or character of any person appointed as such
constable, for the purpose of thereby obtaining admission into any house
or other place, or of doing or procuring to be done any act which such
person would be entitled to do or procure to be done of his own authority,
or for any other unlawful purpose, shall , in addition to any other punish
ment to which he may be liable for such offence , be liable to a penalty of
not more than ten pounds.
Constables 15. And be it further enacted and ordained , that it shall be lawful
may
apprehend for any constable belonging to the Police Force, and for all persons whom
any offender
whose name he shall call to his assistance, to take into custody without warrant any
and residence
are not person who within view of any such constable shall offend in any manner
known.
against this Ordinance, and whose name and residence shall be unknown
to such constable, and cannot be ascertained by such constable.
Constables 16. And be it further enacted and ordained , that it shall be lawful
may
apprehend for any constable belonging to the Police Force to take into custody
without
warrant in without a warrant all loose, idle, and disorderly persons whom he shall
certain cases.
[See Ordi find disturbing the public peace, or whom he shall have good cause to
nance No. 4 of
1865, s. 61. ] suspect of having committed or being about to commit any felony, mis
demeanour, or breach of the peace , and all persons whom he shall find
between sunset and the hour of six in the morning lying or loitering in
any highway, yard , or other place, and who cannot give a satisfactory
account of themselves.
Power to 17. And be it further enacted and ordained , that any person found
police
constables committing any offence punishable either upon indictment, or as a mis
and persons.
demeanour, upon summary conviction by virtue of this Ordinance, may
ORDINANCE No. 14 OF 1845 . 163
Good Order and Cleanliness.
be taken into custody without a warrant by any constable, or may be aggrieved to
apprehend
apprehended by the owner of the property on or with respect to which certain
offenders .
the offence shall be committed , or by his servant or any person author
ized by him , and may be detained until he can be delivered into the
custody of a constable , to be dealt with according to law; and every
such constable may also stop, search, and detain any vessel , boat, cart ,
or carriage, in or upon which there shall be reason to suspect that any
thing stolen or unlawfully obtained may be found, and also any person
who may be reasonably suspected of having or conveying in any man
ner anything stolen or unlawfully obtained ; and any person to whom
any property shall be offered to be sold, pawned , or delivered , if he shall
have reasonable cause to suspect that any such offence has been com
mitted with respect to such property , or that the same or any part there
of has been stolen or otherwise unlawfully obtained , is hereby authorized ,
and if in his power is required , to apprehend and detain, and as soon as
may be to deliver such offender into the custody of a constable, together
with such property , to be dealt with according to law. [ Repealed by
Ordinance No. 3 of 1860 so far as it relates to Pawnbrokers. ]
18. And be it further enacted and ordained , that it shall be lawful Removing
furniture to
for any constable to stop and detain, until due inquiry can be made, all evade rent.
persons whom, and all horses , carts, and carriages , or any other animal
or thing which he shall find employed in removing the furniture of any
house or lodging, between the hours of eight in the evening and six in
the following morning , or whenever the constable shall have good grounds
for believing that such removal is made for the purpose of evading the
payment of rent .
19. And be it further enacted and ordained , that it shall be lawful Persons
charged with
for any constable belonging to the Police Force to take into custody , recent
assaults may
without a warrant, any person who shall be charged by any other person be appre
hended with
with committing any aggravated assault, in every case in which such out warrant.
constable shall have good reason to believe that such assault has been
committed , although not within view of such constable, and that by reason
of the recent commission of the offence a warrant could not have been
obtained for the apprehension of the offender.
20. And be it further enacted and ordained , that whenever any Horses,
carriages, &c. ,
person having charge of any horse, cart, carriage, or boat, or any other of offenders
may be
animal or thing, shall be taken into custody of any constable under the detained .
provisions of this Ordinance, it shall be lawful for any constable to take
164 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
charge of such horse, cart, carriage, or boat, or such other animal or thing ,
and to deposit the same in some place of safe custody as a security for
payment of any penalty to which the person having had charge thereof
may become liable, and for payment of any expenses which may have
been necessarily incurred for taking charge of and keeping the same ; and
it shall be lawful for any Magistrate, before whom the case shall have
been heard , to order such horse , cart, carriage, or boat, or such other
animal or thing, to be sold for the purpose of satisfying such penalty and
reasonable expenses , in default of payment thereof, in like manner as if
the same had been subject to be distrained , and had been distrained for
the payment of such penalty and reasonable expenses .
Persons 21. And be it further enacted and ordained , that every person taken
apprehended
without a into custody by any constable belonging to the Police Force without a
warrant to be
taken to the warrant, except persons detained for the mere purpose of ascertaining
station-house.
their name and residence, shall be forthwith delivered into the custody
of the constable in charge of the nearest station - house, in order that such
person be secured until he can be brought before a Magistrate to be dealt
with according to law, or may give bail for his appearance before a Ma
gistrate, if the constable in charge shall deem it prudent to take bail in
the manner hereinafter mentioned .
Power to take 22. And be it further enacted and ordained , that whenever any
recognizances
at station person charged with any offence of which he is liable to be summarily
houses on
petty charges. convicted before a Magistrate, or with having carelessly done any hurt
or damage, shall be, without the warrant of a Magistrate, in the custody
of any constable of the Police Force in charge of any station -house, dur
ing the time when the Police Courts or Magistrates' offices shall be shut,
it shall be lawful for such constable, if he shall deem it prudent, to take
the recognizance of such person , with or without sureties, conditioned as
hereinafter mentioned .
Power to bind 23. And be it further enacted and ordained , that whenever any
over persons
making person charged with any felony or any misdemeanour punishable by
charges.
transportation , or any other grave misdemeanour , shall be, without the
warrant of a Magistrate, in the custody of any constable of the Police
Force at any station -house during the time when the Police Courts or
Magistrates' offices shall be shut, it shall be lawful for the constable in
charge of the station - house to require the person making such charge to
enter into a recognizance conditioned as hereinafter mentioned ; and upon
ORDINANCE No. 14 OF 1845 . 165
Good Order and Cleanliness.
his or her refusal so to do , it shall be lawful for such constable, if he
shall deem it prudent , to discharge from custody the person so charged
upon his or her own recognizance, with or without sureties, conditioned
as hereinafter mentioned .
24. And be it further enacted and ordained , that every recogni Condition of
recognizance.
zance so taken shall be without fee or reward, and shall be conditioned
for the appearance of a person thereby bound before a Magistrate of the
district in which such station-house shall be situated, at his next sitting,
and the time and place of appearing shall be specified in the recognizance ;
and the constable shall enter in a book to be kept for that purpose at
every such station -house , the name, residence, and occupation of the party
and his surety or sureties ( if any ) entering into such recognizance, to
gether with the condition thereof, and the same thereby acknowledged ,
and shall return every such recognizance to the Magistrate present at the
time and place when and where the party is bound to appear.
25. And be it further enacted and ordained , that every person who Punishment
of persons
shall be brought before any Magistrate charged with having in his pos suspected of
having or
session or conveying in any manner any thing which may be reasonably conveying
stolen goods.
suspected of being stolen or unlawfully obtained , and who shall not give
an account to the satisfaction of such Magistrate how he came by the
same, shall be deemed guilty of a misdemeanour, and shall be liable to a
penalty of not more than ten pounds , or in the discretion of such Magis
trate may be imprisoned in any gaol within the Colony aforesaid , with
or without hard labour, for any time not exceeding fourteen days.
26. And be it further enacted and ordained , that if information Power to
grant search
shall be given on oath to any Magistrate that there is reasonable cause warrants.
for suspecting that any thing stolen or unlawfully obtained is concealed
or lodged in any dwelling-house or other place, it shall be lawful for
such Magistrate, by special warrant under his hand directed to any cons
table, to cause every such dwelling - house or other place to be entered
and searched at any time of the day or by night, if power for that pur
pose be given by such warrant ; and such Magistrate, if it shall appear
to him necessary, may empower such constable , with such assistance as
may be found necessary ( such constable having previously made known
such his authority ) , to use force for the effecting such entry , whether by
breaking open doors or otherwise ; and if upon search thereupon made
any such thing shall be found , then to convey the same before a Magis
166 ORDINANCE No. 14 OF 1845.
Good Order and Cleanliness.
trate, or to guard the same on the spot until the offenders are taken be
fore a Magistrate, or otherwise dispose thereof in some place of safety ,
and moreover to take into custody and carry before a Magistrate every
person found in such house or place who shall appear to have been privy
to the deposit of any such thing, knowing or having reasonable cause to
suspect the same to have been stolen or otherwise unlawfully obtained .
Power to 27. And be it further enacted and ordained , that when any person
examine
party from shall be brought before any Magistrate charged with having or convey
whom stolen
goods ing any thing stolen or unlawfully obtained, and shall declare that he
received.
received the same from some other person , or that he was employed as a
carrier, agent, or servant, to convey the same for some other person , such
Magistrate is hereby authorized and required to cause every such person ,
and also if necessary every former or pretended purchaser or other per
son into whose possession the same shall have passed , to be brought be
fore him and examined , and to examine witnesses upon oath touching
the same; and if it shall appear to such Magistrate that any person shall
have had possession of such thing, and had reasonable cause to believe
the same to have been stolen or unlawfully obtained , every such person
shall be deemed guilty of a misdemeanour, and to have had possession of
such thing at the time and place when and where the same shall have
been found and seized ( and the possession of a carrier, agent, or servant
shall be deemed to be the possession of the person who shall have em
ployed such other person to convey the same) ; and shall be liable to a
penalty of not more than ten pounds , or in the discretion of the Magis
trate may be imprisoned in any gaol within the Colony aforesaid , with
or without hard labour, for any time not exceeding three calendar months .
Power to 28. And be it further enacted and ordained , that if any goods shall
order delivery
of goods be stolen or unlawfully obtained from any person, or being lawfully
stolen or
fraudulently obtained shall be unlawfully deposited, pawned, pledged, sold , or
obtained and
in possession exchanged, and complaint shall be made thereof to any Magistrate, and
of brokers
and other that such goods are in the possession of any broker, dealer in marine
dealers in
second-hand stores , or other dealer in second-hand property, or of any person who
property.
shall have advanced money upon the credit of such goods , it shall be
lawful for such Magistrate to issue a summons or warrant for the
appearance of such broker or dealer , and for the production of such goods ,
to be delivered up to the owner thereof, either without payment or upon
payment of such sum and at such time as such Magistrate shall think fit ;
ORDINANCE No. 14 OF 1845 . 167
Good Order and Cleanliness.
and every broker or dealer who being so ordered shall refuse or neglect to
deliver up the goods, or who shall dispose of or make away with the same
after notice that such goods were stolen or unlawfully obtained as aforesaid ,
shall forfeit to the owner of the goods the full value thereof : Provided
always , that no such order shall bar any such broker or dealer from recover
ing possession of such goods by suit or action at law from the person into
whose possession they may come by virtue of such Magistrate's order,
provided that such action shall be commenced within six calendar months
next after such order shall be made. [ Repealed by Ordinance No. 3 of
1860 so far as it relates to Pawnbrokers . ]
29. And be it further enacted and ordained , that it shall be lawful Power to
order
for any Magistrate to order that any goods unlawfully pawned , pledged , restoration of
property
or exchanged, which shall be brought before him, and the ownership of unlawfully
pawned, & c.
which shall be established to the satisfaction of such Magistrate , shall be
delivered up to the owner by the party with whom they were so unlaw
fully pawned, pledged , or exchanged , either without compensation or with
such compensation to the party in question as the Magistrate may think
fit. [ Repealed by Ordinance No. 3 of 1860 so far as it relates to Pawn
brokers. ]
30. And be it further enacted and ordained , that after the passing Penalty on
pawnbrokers
of this Ordinance every pawnbroker within the said Colony, and every receiving
pledges from
agent or servant employed by any such pawnbroker, who shall purchase, persons under
the age of
or receive, or take any goods or chattels in pawn or pledge of or from twelve years .
any person apparently under the age of twelve years, shall be liable to a
penalty of not more than ten pounds. [ Repealed by Ordinance No. 3 of
1860 so far as it relates to Pawnbrokers . ]
31. And be it enacted and ordained , that when any goods or money Unclaimed
stolen goods
charged to be stolen or unlawfully obtained, and of which the owner delivered to
the Superin
shall be unknown, shall be ordered by any Magistrate to be delivered to tendent of
Police may be
the Superintendent of Police, it shall be lawful for such Magistrate, after sold after
twelve
the expiration of twelve calendar months during which no owner shall months.
have appeared to claim the same, to order such goods or money to be
sold or disposed of towards defraying the expenses of the Police Force.
32. And whereas informations are often laid for the mere sake of Amends may
be awarded
gain, or by parties not truly aggrieved , and the offences charged in such for frivolous
information .
informations are not further prosecuted , or it appears upon prosecution
that there was no sufficient ground for making the charge: Be it enact
168 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness .
ed and ordained , that in every case in which any information or com
plaint of any offence shall be laid before any Magistrate and shall not be
further prosecuted , or in which, if further prosecuted , it shall appear to
the Magistrate by whom the case shall be heard, that there was no suf
ficient ground for making the charge, the Magistrate shall have power to
award such amends , not exceeding the sum of ten pounds, to be paid by
the informer to the party informed or complained against, for his loss of
time and expenses in the matter, as to the Magistrate shall seem meet.
Penalty on 33. And be it further enacted and ordained , that in case any
common
informers for person shall lodge any information before any Magistrate for any offence
compounding
information. alleged to have been committed , by which he was not personally aggrieved ,
and shall afterwards directly or indirectly receive without the permission
of a Magistrate any sum of money or other reward for compounding,
delaying, or withdrawing the information , it shall be lawful for any Ma
gistrate to issue his warrant or summons , as he may deem best , for
bringing before him the party charged with the offence of such com
pounding , delay, or withdrawal ; and if such offence be proved by the
confession of the party or by the oath of any credible witness , such in
former shall be liable to a penalty of not more than ten pounds .
Second 34. And be it further enacted and ordained , that for every second
offence.
or subsequent offence under this Ordinance the offender shall be liable at
the discretion of the convicting Magistrate to a penalty in double the
amount or to be imprisoned with or without hard labour for any length
of time not more than fourteen days where the pecuniary penalty imposed
for the first offence does not exceed five pounds, and for any time not
more than one calendar month where the pecuniary penalty imposed for
the first offence does not exceed ten pounds.
Powerto 35. And be it further enacted and ordained, that if any goods or
order delivery
of goods money charged to be stolen or fraudulently obtained shall be in the
charged to
have been custody of any constable by virtue of any warrant of a Magistrate, or in
stolen or
fraudulently prosecution of any charge of felony or misdemeanour in regard to the
obtained, and
in custody of obtaining thereof, and the person charged with stealing or obtaining
a constable.
possession as aforesaid shall not be found, or shall have been sum
marily convicted or discharged, or shall have been tried and acquitted ,
or if such person shall have been tried and found guilty, but the pro
perty so in custody shall not have been included in any indictment or
information upon which he shall have been found guilty, it shall be
ORDINANCE No. 14 OF 1845 . 169
Good Order and Cleanliness.
lawful for any Magistrate to make an order for the delivery of such
goods or money to the party who shall appear to be the rightful owner
thereof, or in case the owner cannot be ascertained , then to make such
order with respect to such goods or money as to such Magistrate shall
seem meet : Provided always that no such order shall be any bar to the
right of any person or persons to sue the party to whom such goods or
money shall be delivered , and to recover such goods or money from him
by action at law, provided that such action shall be commenced within
six calendar months next after such order shall be made.
36. And be it further enacted and ordained , that any Magistrate , Power to
remand or
if he shall think fit, may remand any person who shall be charged be enlarge pri
soners on re
fore him with any felony or misdemeanour upon his personal recogni- cognizances.
zance ( with or without sureties ) , and every such recognizance shall be
conditioned for the appearance of such person before the same or some
other Magistrate, for further examination , or to surrender himself to
take his trial at the Supreme Court, at a day and place to be therein
mentioned, and the Magistrate shall be at liberty from time to time to
enlarge every such recognizance to such further time as he shall appoint,
and every such recognizance which shall not be enlarged shall be dis
charged without fee or reward, when the party shall have appeared ac
cording to the condition thereof: Provided always , that when any Ma
gistrate shall take the recognizance of any person to appear at the Su
preme Court, the Magistrate shall be bound to return the depositions
taken in the case and to bind over the witnesses to appear and give evi
dence in like manner as if he had committed the party to take his trial
at such Court.
37. And be it further enacted and ordained , that it shall be
removing
lawful for the Superintendent or other officer of Police to require any obstruction,
&c. [See
person whose duty it shall be to remove any filth or obstruction , Ord . No. 8 of
1856 s. 17 and
or to do any other matter or thing required to be done by this Ordi Ord. No. 12
of 1856 8. 12.]
nance, so to do within a certain time to be then fixed by the said
Superintendent or other officer, and that in default of such requisition
being complied with , the said Superintendent or other officer shall and
may cause to be removed such filth or obstruction , or do or cause to be
done such other matter or thing as aforesaid ; and it shall be lawful for
the Magistrate before whom the offender shall have been convicted to
order and adjudge such offender , in addition to the penalties hereinbefore
170 ORDINANCE No. 14 OF 1845 .
Good Order and Cleanliness.
imposed, to pay such sum of money for defraying the expenses of such
removal, or of doing such other matter or thing as to such Magistrate
shall seem just and reasonable ; and the sum so ordered and adjudged
shall be recoverable in the manner hereinafter provided for the recovery
of penalties imposed by this Ordinance.
Compensa 38. And be it further enacted and ordained , that every person who,
tion for hurt
or damage. by committing any offence herein forbidden within the said Colony, shall
have caused any hurt or damage to any person or property , may be
apprehended with or without any warrant by any constable belonging to
the Police Force , and if he shall not, upon demand , make amends for
such hurt or damage to the satisfaction of the person aggrieved , he shall
be detained by such constable in order to be taken before a Magistrate,
and upon conviction shall pay such a sum, not exceeding ten pounds, as
shall appear to the Magistrate before whom he shall be convicted to be
reasonable amends to the person aggrieved , besides any penalty to which
he may be liable for the offence ; and the evidence of the person aggrieved
shall be admissible in proof of the offence.
Notto prevent 39. Provided always, and be it further enacted and ordained , that
indictment or
action. nothing herein contained shall be construed to prevent any person from
being indicted or being proceeded against by indictment or information
for any indictable offence made punishable on summary conviction by
this Ordinance, or to prevent any person from being liable to be proceeded
against by action for any hurt or damage caused by him, provided ne
vertheless that no person be punished twice for the same offence , and
provided no compensation shall have been awarded for such hurt or
damage.
Recovery of 40. And be it further enacted and ordained , that the penalties im
penalties.
posed by this Ordinance shall be recovered in a summary manner under
and according to the provisions of an ordinance made and passed on the
tenth day of April in the year of our Lord one thousand eight hundred
and forty-four, and numbered 10 , entitled , An Ordinance to regulate sum
mary Proceedings before Justices of the Peace, and to protect Justices in the
Execution of their Office.
Imprisonment on 41. And be it further enacted and ordained , that in every case of the adjudication
non-payment of
penalties. of a pecuniary penalty or amends under this Ordinance, and non-payment thereof, it
shall be lawful for the Magistrate to imprison the offender for a term of not more than
ORDINANCE No. 14 OF 1845 . 171
Good Order and Cleanliness.
seven days where the penalty imposed shall not exceed five pounds, and not more than
fourteen days where the penalty imposed shall not exceed ten pounds, the imprisonment
to cease on payment of the sum due. [ Repealed by Ordinance No. 6 of1862. ]
42. And be it further enacted and ordained , that in the construction Meaning of
the word
of this Ordinance, the word " Magistrate " shall be taken to mean and Magistrate.
include every assistant Magistrate, and also every Justice of the Peace
acting in and for any district or place within the Colony of Hongkong.
43. And be it further enacted and ordained , that in the construction General inter
pretation
of this Ordinance, unless there be something in the context repugnant clause.
thereto, any word denoting the singular number and male sex shall be
taken to extend to any number of persons or things and to both sexes .
Regulations under which Verandahs may be constructed in the City of Victoria
projecting over or supported upon any Road, Street, or Public
Thoroughfare the property ofthe Crown made the 28th
and gazetted 30th December, 1854.
Verandahs upon the Queen's Road extending from Hollywood Road, Taipingshan to the See sec. 3, 8-8. 5.
Albany Godowns may be supported upon stone or timber pillars which shall not be more than
twelve inches square, and so that a passage of not less than eight feet six inches may be kept clear
for the public between the wall of the house or premises and the inside face of the support or pillar
which shall range in an uniform manner with the edge or curb stone of the foot-path.
The height of the pillars shall not be less than eleven feet, upon which the joisting forming the
floor of the verandah may be placed, which is to be ceiled in the usual manner with planking
trellis-work or plaster to suit the taste of the builder, and the thoroughfare under the same is to be
kept free from any obstruction whatsoever, that the public may not be incommoded thereby.
The verandahs either upon the ground floor or upper stories shall be enclosed in no other
manner than by venetians at the upper portions of the pillars, for a depth of not more than five feet,
or so as to leave a clear space of seven feet six inches from the floor to the under-side of the same.
These verandahs upon any story shall not be used as bath-rooms, water-closets, nor for any
purpose whatsoever whereby the public may be inconvenienced.
The verandahs projecting over any other street or thoroughfare than the Queen's Road can
only be supported from the walls of the premises adjoining . The floor shall not be less than ten
feet in the clear from the surface of the foot - path , and the projection is to be equal to the width of
the same, and on no account will permission be given to enclose any portion except in the manner
detailed before for the Queen's Road.
The work is to be executed in a neat and substantial manner and to the perfect satisfaction of
the Surveyor General, who may at any time stop the progress of the work if he considers the same
any infringement upon the foregoing regulations ; and any person who wilfully neglects to make
such alterations or amendments as the said Surveyor General may direct will be liable to the
penalties described in Ordinance No. 14 of 1845 sec. 5.
Any further information with regard to the width of the verandahs in any street or thoroughfare
or upon any other matter connected therewith may be obtained upon a written application to the
Surveyor General.
NOTE. - See Ordinance No. 15 of 1889 Section 36 and Schedule B.
172 ORDINANCE No. 1 OF 1846 .
Trading in China.
No. 1 of 1846.
Title. An Ordinance to amend Ordinance No. 9 of 1844 , entitled , “ An Or
dinance to restrain all Persons within the Colony of Hongkong from
Trading in the Empire of China to the Northward of the Thirty
second Degree of North Latitude ."
23rd January, 1846. ]
Preamble.
HEREAS it is expedient that the said Ordinance, No. 9 of 1844, should be
W amended, by declaring that vessels engaged in the traffic thereby prohibited
shall not be seized at sea at a greater distance than one hundred miles from the coast
of China ; by defining the meaning of the terms therein used, of " ships or vessels sail
ing under the British flag ; " by making further provision for the title to vessels
engaged in such prohibited trade, in the event of subsequent sales, transfers, or mort
gages ; and by introducing more specific provisions as to the form of procedure for the
seizure and sale of vessels contravening the enactments of said Ordinance :
No vessel to be 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with
seized at sea at a
greater distance the advice of the Legislative Council thereof, that no vessel shall be seized or detained
than one hundred
miles from the
coast of China. in pursuance of the provisions of the said Ordinance, at sea, at a greater distance than
one hundred miles from the coast of China.
Definition ofthe 2. And be it further enacted , that the terms " ships or vessels sailing under the
term ships or
vessels sailing
under the British British flag," used in the said ordinance, shall be held solely to mean and include
flag.
British vessels navigated according to law, or vessels British owned, and provided with
sailing letters from the Government of Hongkong.
Provisions as to 3. And be it enacted, that the power given by the said Ordinance, of selling ships
the sale of vessels
discharged of or vessels discharged of bills of sale, transfers, or mortgages, made or executed under
bills ofsale, trans
fers, or mortga
ges. the circumstances therein also mentioned, be confined to cases of sale, transfer, or mort
gages made or executed after the seizure of such ships or vessels , and to cases of sales,
transfers, or mortgages made before seizure, if made to transferees or mortgagees having
notice that such ship or vessel had been employed in trading contrary to any of the
prohibitions of the said ordinance.
Provision as to 4. And be it further enacted and ordained , that no vessel shall be seized or
seizure of vessels.
detained under the provisions of the said ordinance, unless the Chief Superintendent
of Trade shall have issued a general or special warrant or order under his hand and seal
for that purpose, which warrant or order shall also direct that such vessel shall with
all reasonable expedition be brought into the harbour of Hongkong, and be there
detained until further order of the Chief Superintendent aforesaid, or of the Supreme
Court of Hongkong .
Penalties,how 5. And be it further enacted, that all penalties and forfeitures which may have
recovered.
been heretofore, or may be hereafter incurred under this or the said ordinance, may at
the instance of the Chief Superintendent of Trade be prosecuted, sued for, and recovered
in the Supreme Court of Hongkong, upon information to be filed by Her Majesty's
ORDINANCES Nos. 1 AND 2 OF 1846 . 173
Trading in China. Supreme Court.
Attorney General for the said Colony ; and that the said Court in pronouncing any
judgment or order imposing any penalty incurred by a violation of the said ordinance,
shall have power to authorize and direct, that if the same be not paid within one ca
lendar month from the time of giving or making such judgment or order, the said
vessel shall be sold by public auction, in whole or part satisfaction of the said judg
ment, as far as the proceeds of the said sale may reach.
[Repealed by effect of H. M.'s Order in Council of 3rd March, 1859 : See Gazette
9th July, 1859. ]
No. 2 of 1846.
An Ordinance to amend Ordinance No. 6 of 1845 , entitled " An Ordinance Title.
to repeal Ordinance No. 15 of 1844, for the Establishment of a Supreme
Court of Judicature at Hongkong , and to substitute other Provisions
in lieu thereof. "
[ 6th May, 1846. ]
HEREAS it is expedient to amend the said Ordinance No. 6 of 1845, by making Preamble.
WHEprovisions for the saving of all proceedings and all suits formerly depending
in the Court of Hongkong, the abolition of which Court is effected by the second
section of the said ordinance ; as also with reference to the fourth section of the said
ordinance, by limiting the operation , in this Colony, of the laws of England and
the practice of the English Courts to such laws and practice as existed when a local
legislature was first conferred on the said Colony : And whereas also it is deemed
advisable to reserve to the Legislative Council of the said Island , the power of revising.
and approving of the rules and orders to be made under the twenty-third section of the
said Ordinance No. 6 of 1845, before the same shall become binding ; and to repeal
the twenty-ninth section of the said ordinance, constituting a local Court of error
and appeal :
1. Be it therefore enacted and ordained by His Excellency the Governor of 29th section of
Ordinance No. 6
Hongkong with the advice of the Legislative Council thereof, that from and after the of 1845 repealed.
passing of this Ordinance, the said twenty-ninth section of Ordinance No. 6 of 1845
shall be, and is hereby repealed.
2. And be it further enacted and ordained, that all proceedings formerly Proceedings
pending in
former Court
commenced in or adopted under the said former Court of Hongkong, and that all suits saved.
and matters (if any) which may have been pending at the date of its abolition, may be
continued or revived in the said Supreme Court.
174 ORDINANCES Nos . 2 AND 3 OF 1846 .
Supreme Court. Insolvent Debtors.
Laws of England 3. And be it further enacted and ordained, that from henceforth such of the laws
in force on the
5th day of April, of England only, and such portion of the practice of the English Courts , (subject to the
1843, to be in
force in the exception of their applicability as contained in the said fourth section of Ordinance
Colony when
applicable.
[See Ord. No. 11 No. 6 of 1845 , ) as existed when the said Colony obtained a local legislature-that is to
of 1865 s. 1.]
say, on the fifth day of April, one thousand eight hundred and forty-three- shall be of
force therein.
Rules and orders 4. And be it further enacted and ordained , that no future rule or order of the
of Court to be
subject to appro said Supreme Court, made in pursuance of the twenty-third section of the said
val of Council,
and tobe publish
ed. Ordinance No. 6 of 1845 , shall be deemed binding until the same shall be revised and
approved of by the Legislative Council of the said Island ; and that all such rules,
immediately after such approval, shall be published in one or more of the newspapers
published within the said Colony.
[Repealed by Ordinance No. 12 of 1873.]
No. 3 of 1846.
Title. An Ordinance for the Relief of Insolvent Debtors within the Colony of
[See Ordinances
No. 5 of 1846 &
No. 2 of 1819.] Hongkong.
[ 6th May, 1846. ]
Preamble. HEREAS it is expedient that express provisions should be made for such cases
WHof insolvency :
Persons impri 1. Be it therefore enacted and ordained by the Governor of Hongkong with the
soned for debt
may apply to advice of the Legislative Council thereof, that from and after the time appointed for
the Supreme
Court in a sum
mary way for the commencement of this Ordinance, it shall be lawful for any person who shall be
discharge.
in actual custody within the walls of any prison in the Colony of Hongkong, upon any
process whatsoever, for or by reason of any debt, damages, costs, sum or sums of
money, or for or by reason of any contempt of any Court whatsoever, for non
payment of any sum or sums of money, or of costs taxed or untaxed, either ordered to
be paid, or to the payment of which such person would be liable in purging such
contempt, or in any manner in consequence or by reason of such contempt, at any
Time of petition time within the space of fourteen days next after the commencement of the actual
ing.
custody of such prisoner, whether such commencement shall have been in the same
prison, or in any other prison ; or afterwards, if the Supreme Court of Hongkong
shall in any case think reasonable to permit the same, to apply by petition in a
summary way to the said Supreme Court for his discharge from such custody,
What shall be according to the provisions of this Ordinance ; and in such petition shall be stated the
stated in the
petition. time and place of the first arrest of such prisoner in the cause or causes wherein he
shall then be detained, and the time of his commitment to the prison where he shall
ORDINANCE No. 3 OF 1846 . 175
Insolvent Debtors.
then be confined ; and if such prisoner shall not have been in the same custody from
the time of such first arrest, then the means and manner by which the change of
custody of such prisoner has taken place, and also the name or names of the person or
persons at whose suit or prosecution such prisoner shall at the time of presenting such
petition be detained in custody, and the amount of the debt or debts, sum or sums of
money, and of such costs as aforesaid, so far as the amount of such costs is ascertained ,
for which he shall be so detained ; and such prisoner shall in such petition state
whether such prisoner has given notice to the keeper of the gaol or prison in which
he shall be confined of his intention to present the said petition, which notice the said
prisoner is hereby required to give in writing to the keeper of such gaol or prison ;
and such prisoner shall in such petition state that he is willing that all his real and
personal estate and effects shall be vested in the provisional assignee for the time
being of the estates and effects of insolvent debtors in the Colony of Hongkong,
according to the provisions of this Ordinance, and shall pray to be discharged from
custody, and to have future liberty of his person against the demands for which such
prisoner shall be then in custody, and against the demands of all other persons who
shall be or claim to be creditors of such prisoner at the time of presenting such
petition ; which petition shall be subscribed by the said prisoner, and shall forthwith Petition to be
signed and filed .
be filed in the said Supreme Court.
2. And be it enacted and ordained, that if any prisoner who at the time appointed Detaining cre
ditors of priso
for the commencement of this Ordinance shall have been committed to any prison or ners in execution
may apply by
petition to Su
gaol, and charged in execution for any debt, damages, or any costs or sum or sums of preme Court
for an order to
money, or committed for or by reason of any contempt of any Court whatsoever for vest debtor's
estate in provi
non-payment of any sum or sums of money, or of costs, taxed or untaxed , either sional assignee
of Court appoin
ordered to be paid , or to the payment of which such prisoner would be liable in ted for that
purpose.
purging such contempt, or in any manner in consequence or by reason of such con
tempt, shall not, within twenty-one days next after the time appointed for the
commencement of this Act, * make satisfaction to the creditor or creditors at whose [* Ordinance.]
suit such prisoner shall have been so committed or charged in execution for such debt,
damages, costs, sum or sums of money, or to the person or persons entitled to the
money for the non-payment of which such prisoner shall have been in contempt, or
to the payment of which such prisoner would be liable in consequence or by reason of
such contempt ; or if any prisoner who after the time appointed for the commencement
of this Act * shall be committed to any prison or gaol, and charged in execution for any
debt or damages, or any costs or sum or sums of money, or committed for or by reason
of any such contempt as aforesaid, shall not, within twenty-one days next after such
prisoner shall be so committed or charged in execution as aforesaid, make satisfaction
to the creditor or creditors at whose suit such prisoner shall have been so committed
or charged in execution for such debt, damages, costs, sum or sums of money, or to
the person or persons entitled to the money for non -payment of which such prisoner
shall have been in contempt, or to the payment of which such prisoner would be
liable in consequence or by reason of such contempt ; then, and in any of the said
176 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
cases, it shall be lawful for any such creditor or creditors, or person or persons
entitled to such money as aforesaid, to apply by petition in a summary way to the said
Supreme Court for an order vesting the real and personal estate and effects of such
prisoner in the provisional assignee for the time being of the estate and effects of
insolvent debtors in the Colony of Hongkong, according to the provisions of this
Ordinance ; and such petition shall be signed by the party or parties so applying ; and
in such petition shall be stated the time and place of the commitment or charge in
execution of such prisoner at the suit of the party or parties so applying, and the
amount of the debt or sum of money for which such prisoner shall have been so
committed or charged in execution ; and such petition shall be supported by such
evidence, by affidavit or otherwise, of the truth of the matters therein stated, as the
said Court shall think fit to require ; and the party or parties presenting such petition
shall thereby state that he or they is or are desirous that such prisoner should be
ordered to file a schedule of his property according to the provisions of this Ordinance,
and should thereupon be brought up before the said Supreme Court to be dealt with
according to the provisions of this Ordinance ; and such petition, and the evidence in
support thereof, shall forthwith be filed in the said Court ; and the said Court shall and
may require such prisoner to file his schedule, and shall and may cause such prisoner
to be brought up to be dealt with according to this Ordinance, and all things to be done
thereupon or preparatory thereto as in other cases according to this Ordinance.
Prisoner's estate 3. And be it enacted and ordained , that upon the filing of such petition by such
and effects,
except wearing prisoner, or on the filing of such petition by such creditor or creditors as aforesaid, and
apparel, &c., not
exceeding £ 20,
and future the evidence in support thereof, as the case may be, it shall be lawful for the said
estate, to be
vested in provi Supreme Court, and such Court is hereby authorized and required , to order that all
sional assignee
by order ofthe the real and personal estate and effects of such prisoner within this Colony, except the
Court.
wearing apparel, bedding, and other such necessaries of such person and his family,
and the working tools and implements of such prisoner, not exceeding in the whole the
value of twenty pounds, and all the future estate, right, title, interest, and trust of such
prisoner in or to any real and personal estate and effects within this Colony, or which
such prisoner may purchase, or which may revert, descend, be devised or bequeathed ,
or come to him, before he shall become entitled to his final discharge in pursuance of
this Ordinance, according to the adjudication made in that behalf; or in case such
prisoner shall obtain his full discharge from custody without any adjudication being
made by the said Court, then before such prisoner shall be so fully discharged from
custody ; and all debts due or growing due to such prisoner, or to be due to him or her
before such discharge as aforesaid, shall be vested in the provisional assignee for the
time being of the estates and effects of insolvent debtors in the said Colony of
Hongkong ; and such order shall be entered of record in the same Court, and such
notice thereof shall be published as the said Court shall direct ; and such order when
so made shall, without any conveyance or assignment, vest all the real and personal
estate and effects of such prisoner, and all such future real and personal estate and
effects as aforesaid, of every nature and kind whatsoever, and all such debts as aforesaid,
ORDINANCE No. 3 OF 1846 . 177
Insolvent Debtors.
in the said provisional assignee : Provided always, that in case the petition of any such
prisoner shall be dismissed by the said Court, such vesting order made in pursuance
of such petition shall from and after such dismission be null and void to all intents
and purposes : Provided also, that in case any such vesting order as aforesaid shall
become null and void by the dismission of the prisoner's petition, all the acts
theretofore done by the said provisional assignee, or any person or persons acting under
his authority, according to the provisions of this Ordinance, shall be good and valid ;
and no action or suit shall be commenced against such provisional assignee, nor against
any person duly acting under his authority, except to recover any property, estate,
money, or effects of such prisoner , detained after an order made by the said Court for
the delivery thereof, and demand made thereupon : Provided also, that when such
vesting order shall have been made on the petition of a creditor as aforesaid, it shall be
lawful for the said Court, if it shall seem just and right, but not without proof made
to the satisfaction of the said Court of the consent of the petitioning creditor, to make
order declaring such vesting order to be null and void , and the same shall thereupon
be null and void to all intents and purposes : Provided always, and it is hereby declared,
that before or after the making of such vesting order it shall and may be lawful for the
said Court, if it shall seem fit or expedient, to order any necessary conveyance by the
said insolvent of the whole or part of his real or personal estate, or effects or assets
whatsoever, which may be situated abroad or out of the said Colony.
4. And be it enacted and ordained , that no prisoner shall upon his own petition Prisoners within
the walls only
be entitled to the benefit of this Ordinance who shall not be at the time of filing his to petition ;
petition, and during all the proceedings thereon, in actual custody within the walls of
the prison, without any intermission of such imprisonment by leave of the Court or
otherwise : Provided always, that if, after any such prisoner shall have obtained an Except in cer
tain cases.
order to be brought up in order to be dealt with according to the provisions of this
Ordinance, it shall appear to the satisfaction of the said Court, by the oath or affidavit
of a physician, surgeon, or apothecary, and such other evidence as the said Court may
require, that such prisoner cannot continue to reside within the walls of any such
prison without serious injury to the health of such prisoner, or that for the sake of the
health of the prisoners in general, it is necessary that the number thereof within the
walls of any such prison should be reduced, it shall be lawful for the said Court to
dispense with such actual custody of any such prisoner within the walls as is
hereinbefore mentioned ; Provided that if any such prisoner, having obtained such
dispensation, shall go beyond the rules and liberties in which he shall in pursuance
thereof be confined, such prisoner shall thereby be deprived of all benefit of this
Ordinance : Provided also, that after any order shall have been made under this Power to Court
to direct priso
Ordinance directing any insolvent to be brought up in order to be dealt with according ner to be dis
charged on his
finding sureties
to the provisions of this Ordinance, it shall be lawful for the said Court, if such to attend at the
time and place
Court shall think fit so to do, and on such notice to the detaining creditor of hearing.
or creditors of such insolvent as the said Court shall deem proper, to direct such
insolvent to be discharged out of custody, on his finding two sufficient sureties to enter
178 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
into a recognizance to the provisional assignee of the said Court in such sum as the
said Court shall think fit, with a condition that such insolvent shall duly appear at the
time and place fixed for the hearing of such insolvent, and on every adjourned hearing,
and shall abide by the final judgment of the said Court, and on such other terms
(if any) as the said Court shall think fit to impose, and to issue a warrant directed to
the gaoler, ordering the discharge of such insolvent from custody accordingly ; and
that after such discharge such insolvent shall be free from arrest or imprisonment by
any creditor whose debt shall be specified in the schedule filed by such insolvent as
hereinafter mentioned , until the time appointed for the hearing of such insolvent, and
for such further time (if any) as the said Court shall by endorsement on such order
from time to time appoint : Provided always nevertheless, that in case any insolvent so
discharged out of custody shall not duly appear at the time and place fixed for the
hearing or any adjourned hearing of such insolvent (not being prevented by illness or
other lawful impediment, to be allowed of by the said Court) the recognizance so
entered into shall be forfeited , and the amount secured thereby shall be recoverable in
a summary way, by a distress and sale of the goods and chattels of such sureties , as
the said Court shall by their order direct ; and the amount so recovered shall be applied
for the benefit of the creditors of such insolvent in like manner as if the same were
part of his estate and effects ; and the said Court may also issue a warrant authorizing
any person or persons to be therein named to apprehend and arrest such insolvent,
and deliver him into the custody of the gaoler or keeper in whose custody such
prisoner was at the time when he was so discharged as aforesaid ; and such gaoler or
keeper is hereby required to receive such prisoner again into his custody ; and all
detainers which were in force against him at the time of such discharge, or which
shall have since been duly lodged against him, shall thereupon be deemed to be in
force : Provided further, that any insolvent so discharged out of custody as aforesaid
shall, on his appearing before the said Court, be deemed and considered for all the
purposes of this Ordinance, in the custody in which he was at the time he was so
discharged.
Prisoner not to 5. And be it enacted and ordained, that no prisoner whose estate shall, by an
be discharged
for want of
plaintiff proceed order under this Ordinance, have been vested in the said provisional assignee shall, after
ing in his
action. the making of such order, be discharged out of custody, as to any action, suit, or
process for or concerning any debt, sum of money, damages, or claim with respect to
which an adjudication can, under the provisions of this Ordinance, be made by or by
virtue of any supersedes , judgment of non-pros, or judgment as in the case of a non- suit,
for want of the plaintiff or plaintiffs in such action, suit, or process proceeding therein.
Provisional as 6. And be it enacted and ordained, that it shall be lawful for the provisional
signee to take
possession of assignee of the said Court to take possession himself, or by means of a messenger of
estates, & c.,
vested in him,
and sell the the said Court, or other person or persons appointed by him, of all the real and
same ifthe
Court directs ; personal estate and effects of every such prisoner, vested in such provisional assignee by
virtue of any such order or conveyance as aforesaid ; and if the said Court shall so
order, to sell or otherwise dispose of such goods, chattels, and personal estate, or any
ORDINANCE No. 3 OF 1846 . 179
Insolvent Debtors.
part thereof, and of the real estate of such prisoner, according to the provisions herein
after made with regard to the sale of such real estate, and out of the proceeds of such
real and personal estate to defray, in the first place, all such costs and expenses of taking Paying the ex
penses, &c.
possession or of seizing and selling the same, as shall be allowed by the said Court, and
to account for the produce of such sale or disposition to the said Court ; and it shall
be lawful for the said provisional assignee to sue in his own name, if the said Court shall To sue in his
own name, &c.
so order for the recovering, obtaining, and enforcing of any estates, debts , effects , or
rights of any such prisoner ; and all and every the real and personal estate, money, and Property vested
in him to go to
effects, vested in or possessed by such provisional assignee by virtue of such order as his successor in
office.
aforesaid, shall not remain in him if he shall resign or be removed from his office, nor
in his heirs, executors, or administrators, in case of his death, but shall in every such
case go to and be vested in his successors in office appointed by the said Court as
aforesaid.
7. And be it further enacted and ordained , that the said Court may order and Court may order
an allowance to
direct such provisional assignee as aforesaid, or such assignee or assignees as are prisoner during
his confinement,
hereinafter mentioned , to pay to any such prisoner, out of his or her estate and effects , or for expense
of schedule.
such allowance for his or her support and maintenance during such prisoner's
imprisonment, and previous to the adjudication in the matter of his petition , or for the
expenses of making out and filing his schedule, as to the said Court shall seem
reasonable and fit.
8. Provided always, and be it enacted and ordained, that in case any prisoner as When prisoner
is discharged
to whose estate and effects any such vesting order as aforesaid shall have been made out of custody,
acts ofassignees
to be valid.
shall, by the consent or default of his detaining creditor or creditors , be discharged out
of custody without any adjudication being made in that behalf by the said Court, all
the acts done before such discharge by the said provisional assignee, or other assignee
or assignees appointed as hereinafter provided , or other person or persons acting under
his or their authority, according to the provisions of this Ordinance, shall be good and
valid ; and that in such case, no action or suit shall be commenced against such No action to be
brought against
provisional assignee, or against any assignee or assignees appointed under this Ordi them where
assignment is
nance, nor against any person duly acting under his or their authority, except to avoided.
recover any property, estate, money, or effects of such prisoner, detained after an
order made by the said Court for the delivery thereof, and demand made thereupon .
9. And be it enacted and ordained, that it shall be lawful for the said Court to Power of Court
to appoint
appoint any of its officers as a provisional assignee, or at any time after the making any assignees.
such vesting order as aforesaid as to the same Court shall seem expedient, to appoint a
proper person or persons to be assignee or assignees of the estate and effects of such
prisoner, for the purposes of this Ordinance ; and when such assignee or assignees
shall have signified to the said Court his or their acceptance of the said appointment ,
the estate, effects, rights, and powers of such prisoner, vested in such provisional
assignee as aforesaid, shall immediately, by virtue of such appointment, and without
any conveyance or assignment, vest in the said assignee or assignees, in trust for the
benefit of the creditors of such prisoner, in respect of or in proportion to their
180 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
respective debts, according to the provisions of this Ordinance ; and every such
appointment shall, after such acceptance thereof, be entered of record of the said Court,
and such notice thereof shall be published as the said Court shall direct ; and every
person so appointed assignee shall be deemed to be an officer of the said Court, and
shall be liable as such to the controul thereof: Provided always , that it shall be lawful
for the said Court to direct any fee or remuneration for the performance of duties in
getting in and distributing the estate of any insolvent debtor, whether by any assignee,
or by the provisional assignee, in case of such distribution being effected without the
appointment of any other assignee, which shall not exceed the rate of five per centum
on the sum received as produce of such estate.
Certified copy 10. And be it enacted and ordained, that a copy of any order under this Ordinance
of order and
appointment to vesting the estate and effects of any prisoner in the provisional assignee of the estate
be evidence.
and effects of insolvent debtors, or of the appointment, under the provision last herein
before contained, of an assignee or assignees of such estate and effects, such copy
purporting to have the certificate of the provisional assignee of the said Court, or his
deputy appointed for that purpose, endorsed thereon, and to be sealed with the seal of
the said Court, shall, in all Courts and places within the said Colony, and without
further proof, be recognized and received as sufficient evidence of such order and
appointment respectively having been made, and of the title of the provisional assignee,
Proviso for and of such other assignee or assignees respectively, under the same : Provided always ,
registry.
that where, according to any laws now in force, any conveyance or assignment of any
real or personal property of an insolvent debtor would be required to be registered ,
enrolled, or recorded in any Registry Office in the said Colony, then and in every such
case said certified copy as hereinbefore is described of such order under this Ordinance,
vesting the estate and effects of any prisoner in the provisional assignee of the said
Court, and a like certified copy of the appointment of an assignee or assignees under
this Ordinance (if any such appointment shall have been made) , shall be registered in
the Registry Office, Court, or place wherein such conveyance or assignment as last
aforesaid would require to be registered , enrolled , or recorded ; and the registry hereby
directed shall have the like effect, to all intents and purposes, as the registry , enrolment,
or recording of such conveyance or assignment as last aforesaid would have had ; and
the title of any purchaser of any such property as last aforesaid for valuable consider
ation, without notice of any such order or appointment as aforesaid , who shall have
duly registered, enrolled , or recorded his purchase deed previously to the registry
hereby directed , shall not be invalidated by reason of such order as aforesaid, or the
appointment of an assignee or assignees as aforesaid, or the vesting of such property
in him or them consequent thereupon respectively, unless a certified copy of such orders
and a certified copy of such appointment, if any, shall be registered as aforesaid within
the time following ; that is to say, within one month after the date of such order and
appointment respectively.
Sale of estate 11. And be it further enacted and ordained, that the assignee or assignees of the
and effects, to
be made im estate and effects of any such prisoner shall, with all convenient speed after his or their
mediately.
ORDINANCE No. 3 OF 1846. 181
Insolvent Debtors .
appointment, use his or their best endeavours to receive and get in the estate and effects
of such prisoner, and shall with all convenient speed make sale of all such estate and
effects ; and if such prisoner shall be interested in or entitled to any real estate, either
in possession, reversion, or expectancy, such real estate, within the space of six months
after the appointment of such assignee or assignees, or within such other time as the
said Court shall direct, shall be sold by public auction, in such manner and at such
place or places, as shall, thirty days before any such sale, be approved , in writing under
their hands, by the major part in value of the creditors of such prisoner entitled to the
benefit thereof, who shall meet together on notice of such meeting, published fourteen Creditors to
mect thirty days
days previous thereto in the Colonial paper used at the time in the Colony for Govern before sale of
real estate.
ment notifications, and also in some other paper circulating therein. Meeting to be
advertised.
12. And whereas persons whose estates may, by an order under this Ordinance, Discretion in
Court as to the
have been vested in the said provisional assignee, may be entitled to annuities for disposal of pro
perty in certain
their own lives, or other uncertain interests, or to reversionary or contingent interests, cases.
or to property under such circumstances that the immediate sale thereof for payment
of their debts may be very prejudicial to them, and deprive them of the means of
subsistence which they might otherwise have, after payment of their debts ; and it
may be proper in some cases to authorize the raising of money by way of mortgage
for payment of the debts or part of the debts of such person, instead of selling the
property of such person for that purpose ; be it enacted and ordained , that in all
such cases it shall be lawful for the said Court to take into consideration all circum
stances affecting the property of any such person ; and if it shall appear to the said
Court that it would be reasonable to make any special order touching the same, it shall
be lawful for the said Court so to do , and to direct that such property as it may be
expedient not to sell, or not to sell immediately, according to the provisions of this
Ordinance, shall not be so sold, and from time to time to order and direct in what
manner such property shall be managed for the benefit of the creditors of such person,
until the same can be properly sold, or until payment of all such creditors, according
to the provisions of this Ordinance, shall have been made, and to make such orders
touching the sale or disposition of such property as to the said Court shall seem
reasonable, considering the rights of the creditors of such person to payment of their
demands, and the future benefit of such person after payment of his debts, and upon
such terms and conditions with respect to the allowance of interest on debts not bearing
interest , or other circumstances, as to the said Court shall seem just ; and if it shall Property may
be mortgaged
if more bene
appear to the said Court that the debts of such person can be discharged by means of fic.al.
money raised by way of mortgage on any property of such person, instead of raising.
the same by sale, it shall be lawful for the said Court so to order, and to give all
necessary directions for such purpose, and generally to direct all things which may be
proper for the discharge of the debt of such person in such manner as may be most
consistent with the interest of such person in any surplus of his or her effects after
payment of such debt.
182 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Assignees may 13. And be it enacted and ordained, that all powers vested in any such prisoner
execute powers
which the in whose estate shall, by an order under this Ordinance, have been vested in the pro
solvent might
have executed
for his own visional assignee, which such prisoner might legally execute for his own benefit, shall
benefit.
be and are hereby vested in the assignee or assignees of the real and personal estate
of such prisoner by virtue of this Ordinance, to be by such assignee or assignees
executed for the benefit of all and every the creditors of such prisoner under this
Ordinance, in such manner as such prisoner might have executed the same.
Where lease ac 14. And be it enacted and ordained, that in all cases in which any such prisoner
cepted by as
signees, the shall be entitled to any lease or agreement for a lease, and his assignee or assignees
insolvent not
liable for the
rent. shall accept the same, and the benefit thereof, as part of such prisoner's estate and
effects , the said prisoner shall not be or be deemed to be liable to pay any subsequent
rent to which his discharge, adjudicated according to this Ordinance, may not apply,
nor be in any manner sued after such acceptance in respect or by reason of any
subsequent non-observance or non-performance of the conditions, covenants , or
Assignees not agreements therein contained : Provided that in all such cases as aforesaid it shall be
determining
whether to ac lawful for the lessor, or person agreeing to make such lease, his heirs, executors,
cept the lease,
the lessor may administrators , or assigns , if the said assignee or assignees shall decline, upon his or
apply to the
Court.
their being required so to do, to determine whether he or they will or will not accept
such lease or agreement for a lease, to apply to the said Court, praying that he or
they may either so accept the same, or deliver up such lease or agreement for a lease,
and the possession of the premises demised or intended to be demised ; and the said
Court shall thereupon make such order as in all the circumstances of the case shall
seem meet and just, and such order shall be binding on all parties.
Assignees may 15. And be it enacted and ordained , that it shall be lawful for the assignee or
sue in their
own names ; assignees of any such prisoner, and such assignee or assignees is and are hereby
empowered, to sue, from time to time as there may be occasion, in his or their own
name or names, for the recovery, obtaining, and enforcing of any estate, effects , or
rights of such prisoner, but in trust for the benefit of the creditors of such prisoner,
according to the provisions of this Act, and to give such discharge and discharges to
any person or persons who shall be respectively indebted to such prisoner as may be
may make com requisite ; and to make compositions with any debtors or accountants to such prisoner,
position for
debts. where the same shall appear necessary, and to take such reasonable part of any such
debts as can, upon such composition, be gotten in full discharge of such debts and
accounts ; and to submit to arbitration any difference or dispute between such assignee
or assignees and any person or persons for or on account or by reason of any matter,
Proviso for con cause, or thing relating to the estate and effects of such prisoner : Provided never
sent of creditors
to compositions theless , that no such composition , or submission to arbitration, shall be made, nor
and arbritra
tions. any suit in equity be commenced, by any such assignee or assignees, without the
consent in writing of the major part in value of the creditors of such prisoner then
residing in the said Colony, who shall meet together pursuant to a notice of such
meeting, to be published at least fourteen days before such meeting in the two afore
said newspapers, nor without the approbation of the said Court.
ORDINANCE No. 3 OF 1846. 183
Insolvent Debtors.
16. And be it enacted and ordained , that all matters wherein creditors shall vote, Creditors to vote
according to
or wherein the assent or dissent of creditors shall be exercised in pursuance of or in balance due to
them on account
fairly stated.
carrying into effect this Ordinance, every creditor shall be accounted such in respect
of such amount only as upon an account fairly stated between the parties, after
allowing the value of mortgaged property, and other such available securities and liens,
shall appear to be balance due ; and that all disputes arising in such matters concern
ing any such amount shall, upon application duly made in that behalf, be examined
into by the said Court, who shall have power to determine the same, and, if it seem
fit, to refer the examination thereof to an officer of the said Court, or to an examiner
to be appointed for that purpose by the said Court ; Provided always, that the amount
in respect of which any such creditor shall vote in any such matter shall not be
conclusive of the amount of his or her debt for any ulterior purposes, in pursuance
of the provisions of this Ordinance.
17. And be it enacted, that whenever any such assignee or assignees shall die or Suits not to be
abated by death
be removed, or a new assignee or assignees shall be appointed in pursuance of the or removal of
assignees.
provisions of this Ordinance, no action at law or suit in equity shall be thereby abated,
but the Court in which any action or suit is depending may, upon the suggestion of
such death or removal and new appointment, allow the name or names of the survi
ving or new assignee or assignees to be substituted in the place of the former ; and
such action or suit shall be prosecuted in the name or names of the said surviving or
new assignee or assignees, in the same manner as if he or they had originally com
menced the same.
18. And be it enacted and ordained , that nothing in this Ordinance contained Assignee's power
not to extend
shall extend to entitle the assignee or assignees of the estate and effects of any such to the pay or
pension of naval,
military, or civil
prisoner, being or having been an officer of the army or navy, or an officer, or clerk, or officers.
otherwise employed or engaged in the service of Her Majesty in any civil office, and
being or having been in the naval or military service of the East India Company, or
an officer, or clerk, or otherwise employed or engaged in the service of the Court of
Directors of the said Company, or being otherwise in the enjoyment of any pension
whatever under any department of Her Majesty's Government or from the said Court
of Directors, to the pay, half pay, salary, emoluments, or pension of any such prisoner,
for the purposes of this Ordinance : Provided always, that it shall be lawful for the Portion of pay
or pension may
said Court to order such portion of the pay, half pay, salary, emoluments, or pension be obtained on
application .
of any such prisoner, as on communication from the said Court to the Secretary at
War, or the Lords Commissioners of the Admiralty, or the Commissioners of the
Customs or Excise, or the chief officer of the department to which such prisoner may
belong or have belonged, or under which such pay, half pay, salary, emoluments,
or pension may be enjoyed by such prisoner, or the said Court of Directors, he or they
may respectively, under his or their hands, or under the hand of his or their Chief
Secretary, or other chief officer for the time being, consent to in writing, to be paid to
such assignee or assignees, in order that the same may be applied in payment of the
debts of such prisoner ; and such order and consent being lodged in the office of Her
184 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
Majesty's Pay-Master General, or of the Secretary of the said Court of Directors, or
of any other officer or person appointed to pay, or paying, any such pay, half pay,
salary, emoluments, or pension , or such portion of the said pay, half pay, salary,
emoluments, or pension , as shall be specified in such order and consent shall be paid
to the said assignee or assignees , until the said Court shall make order to the contrary.
Goods in pos 19. And be it enacted and ordained , that if any such prisoner shall, at the time
session of priso
ner, whereof he
was reputed of his arrest, or other commencement of his imprisonment, by the consent and permis
owner, to be
deemed his pro sion of the true owner thereof, have in bis possession , order, or disposition , any goods
perty.
or chattels whereof such prisoner was reputed owner, or whereof he had taken upon
him the sale, alteration , or disposition as owner, the same shall be deemed to be the
property of such prisoner, so as to become vested in the provisional assignee of the
said Court by the order made in pursuance of this Ordinance.
Distress not to 20. And be it enacted and ordained , that no distress or distresses for rent made
be available for
more than one and levied after the arrest or other commencement of the imprisonment of any person
year's rent.
whose estate shall, by any such order as aforesaid, have been vested in the provisional
assignee, upon the goods or effects of any such person, shall be available for more than
one year's rent accrued prior to the making of such order, but that the landlord or
party to whom the rent shall be due shall and may be a creditor for the overplus of the
reut due, and for which the distress shall not be available, and entitled to all the pro
visions made for creditors by this Ordinance.
Voluntary pre
ference fraundu 21. And be it enacted and ordained , that if any such prisoner shall , before or after
lent and void as
against assig his or her imprisonment, being in insolvent circumstances, voluntarily convey, assign,
nees.
transfer, charge, deliver, or make over any estate, real or personal, security for money,
bond, bill, note, money, property, goods, or effects whatsoever, to any creditor or cre
ditors, or to any person or persons in trust for, or to or for the use, benefit, or advantage
of any creditor or creditors , every such conveyance, assignment, transfer, charge, deli
very, and making over shall be deemed and is hereby declared to be fraudulent and
void as against the provisional or other assignee or assignees of such prisoner appointed
under this Ordinance : Provided always, that no such conveyance, assignment, transfer,
charge, delivery, or making over shall be so deemed fraudulent and void unless made
within three months before the commencement of such imprisonment, or with the view
or intention, by the party so conveying, assiguing, transferring, charging , delivering,
or making over, of petitioning the said Court for his discharge from custody under this
[* Ordinance.] Act. *
Provisions of 3 22. And whereas an Act passed the Imperial Parliament in the third year of the
G. 4 c. 39, X.
tended to the
assignees of reign of His late Majesty King George the Fourth, intituled An Act for preventing
insolvents.
Frauds upon Creditors by secret Warrants of Attorney to confess Judgment; And whereas
it is expedient to extend the provisions of such Act ; be it therefore enacted and or
dained, that the last mentioned Act shall extend to the provisional or other assignee or
assignees of every prisoner whose estate shall, after the expiration of twenty- one days
next after his execution of such warrant of attorney, or giving of such cognovit actionem
ORDINANCE No. 3 OF 1846 . 185
Insolrent Debtors.
as therein mentioned , be vested in the provisional assignee of the said Court by virtue
of this Ordinance, as if the last mentioned Act had been expressly herein enacted ; and
every such warrant of attorney , and judgment and execution thereon, and every such
cognovit actionem, and judgment entered up thereon, and execution taken out on such
judgment, as are declared by the last mentioned Act to be fraudulent and void against
the assignees mentioned therein , shall be deemed equally fraudulent and void against
the provisional or other assignee or assignees of such prisoner, appointed under this
Ordinance ; and such provisional or other assignee or assignees shall be entitled to
recover back and receive, for the use of the creditors of such prisoner, all and every the
moneys levied and effects seized under or by virtue of any such judgment or execution.
23. And be it further enacted and ordained , that in all cases where any prisoner Warrant of at
torney and
whose estate shall have been vested in the said provisional assignee under this Ordinance cognovit actio
nem not to be
shall have executed any warrant of attorney to confess judgment, or shall have given acted upon
against goods
of insolvent af
any cognovit actionem or bill of sale, whether for a valuable consideration or otherwise, ter his impri
sonment.
no person shall, after the commencement of the imprisonment of such prisoner, avail
himself or herself of any execution issued or to be issued upon any judgment obtained
or to be obtained upon such warrant of attorney or cognovit actionem, or of such bill of
sale, either by seizure and sale of the property of such prisoner, or any part thereof, or
by sale of such property theretofore seized , or any part thereof ; but that any person or
persons to whom any sum or sums of money shall be due in respect of any such war
rant of attorney or cognovit actionem , or of such bill of sale, shall and may be a creditor
or creditors for the same under this Ordinance.
24. And be it further enacted and ordained, that the said provisional assignee Assignees to file
accounts.
shall keep account from day to day, the same to be of record in the said Court, of all
moneys received and paid, and of everything done by him and under him in the matter.
of every estate of any such prisoner vested in him, and shall make oath of the truth of
every such account as often as he shall be duly required so to do ; and that every other
assignee of any such estate at the end of three months at the farthest from the time
of his appointment, or sooner if the said Court shall direct, and so from time to time.
as occasion shall require or the said Court shall direct, shall make up an account of
such estate, and make oath in writing before any person before whom affidavits are by
this Ordinance directed to be sworn , that such account contains a fair, just, and par
ticular account of the estate and effects of such prisoner, got in by or for such assignee,
and of all payments necessarily made or deducted therefrom, and of all expenses sought
to be allowed in respect thereof, up to the time of filing such account, or to some ul
terior time if need be ; which account so sworn, together with a minute concerning the
probable assets of the estate (if any) , shall be filed with the proper officer of the said
Court ; and thereupon and at the time of so filing, the same appointments shall be made
for the examination of such accounts, and for taxation of all costs and charges claimed
by such assignee ; and examination shall be had of the proceedings of the said provi Accounts to be
audited.
sional assignee, or of any other assignee or assignees as the case may be, and of all the
matters of his or their account, by the Court, or a commissioner thereof, or an examiner
186 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
Debts to be as duly appointed, before any such assignee shall proceed to a dividend ; and if upon such
certained, and
dividend made. examination there shall appear to be in the hands of such assignee or assignees any balance
wherewith a dividend may be made, proceedings shall be had forthwith under the direction
of the said Court for making such dividend, and also, when it shall appear necessary,
for correcting and ascertaining the list of creditors entitled to receive the same ; and
notice of any meeting ordered to be held for such ascertaining of debts, or for declaring
dividend thereupon, or for both purposes, shall be given for such time and place and in
How dividend such manner as the said Court shall at any time or in any case direct ; and in case such
to be made.
dividend shall be made before adjudication shall have been made with respect to such
prisoner as hereinafter provided, the same shall be made amongst the creditors of such
prisoner, who shall prove their debts in pursuance of any order of the said Court to be
made in that behalf ; and in case such dividend shall be made after such adjudication ,
the same shall be made amongst the creditors of such prisoner, whose debts shall be
admitted in his or her schedule so sworn to as hereinafter directed , and amongst such
other creditors (if any) who shall prove their debts in manner aforesaid, in proportion
to the amount of the debts so proved, and so admitted and proved respectively, as the
Court may exa case may be : Provided always , that if any such prisoner, creditor, or assignee shall
mine into dis
puted claims. object in whole or in part to any debt tendered to be so proved as aforesaid, or to any
debt mentioned in the schedule of such prisoner, or if any person whose demand is
stated in such schedule, but is not admitted therein to the extent of such demand, shall
claim to be admitted as a creditor for the whole of such demand, or for more thereof
than is so admitted , the said objections and claims shall, upon application duly made,
be examined into by the said Court ; and the said Court may, if it shall seem fit, refer
the examination of the same to an officer of the said Court, or to an examiner duly
appointed in pursuance of this Ordinance ; and the said Court, and such officer or
examiner to whom such reference shall have been made, shall have full power for the
purpose aforesaid to require and compel the production of all books, papers, and writ
ings which may be necessary to be produced, as well by the person claiming such debt,
as by such prisoner, or his or her assignee or assignees, creditor or creditors, and to
examine all such persons and their witnesses upon oath, as the nature of the case may
require, and to take all other measures necessary for the due investigation of such
objections and claims ; and the decision of the said Court thereupon shall be conclusive
with respect to the title of any such creditor or creditors to his, her, or their share of
such dividend under the provisions of such ordinance : Provided always , that if in any
case it shall appear expedient that the proof of any debt or debts should be required
to made at any earlier or other period than as aforesaid , it shall be lawful at any
time for the said Court, by notice as may be directed in that behalf, to cause all or any
of the creditors to prove their debts in such manner as the said Court or a commissioner
thereof shall require, and to decide upon such debts and the rights to receive dividends
thereupon, and to do all things requisite thereto as aforesaid.
If prisoner, or 25. And be it further enacted and ordained, that in case such prisoner, or any of
creditor, or
Court dissatis his or her creditors, or the said Court, shall at any time be dissatisfied with the
ORDINANCE No. 3 OF 1846 . 187
Insolvent Debtors.
account of any such assignee or assignees, so rendered upon oath as aforesaid, and it fied with assig
nee's account,
the Court may
shall appear to the said Court that the matters of such account require a fuller or direct inquiry.
further examination ; or in case any such assignee or assignees shall neglect to render
such account, or shall neglect to dispose of the property or collect the effects of such
prisoner, or shall in any manner waste or mismanage the estate or effects of such
prisoner, or neglect to make a due distribution thereof, -it shall be lawful for the said
Court to require such assignee or assignees to render such account on oath as is direc
ted by this Ordinance, if not before rendered, and for the said Court to examine or
further examine any account so rendered, and to enquire into auy waste, mismanage
ment, or neglect of the estate and effects of such prisoner, and, if it shall seem fit, to
order that it shall be referred to an officer of the said Court, or to an examiner duly
appointed in pursuance of this Ordinance to investigate the accounts of such assignee
or assignees so rendered as aforesaid, together with all matters brought forward in
objection thereto, and to examine into the truth thereof, and to report thereon to the
said Court : and it shall and may be lawful for the said Court, or such officer or
examiner, upon such reference as aforesaid, to require and compel the production of
all books , papers, and writings necessary for such purposes, and to summon all parties
and their witnesses on oath as the case may require ; and the said Court shall and
may take all such measures as shall be necessary for the compelling of the rendering
of such account and for the due investigation thereof, and shall have power to disallow
any charge or charges in such account which it shall appear to the said Court ought
not in fairness to be allowed, and to ascertain the produce of the estate and effects
of any such prisoner to be divided among his or her creditors, and to direct the
distribution thereof, and to take all such measures and make such order as may
be necessary for compelling the proper disposition and distribition thereof, and to
award costs against any of the parties, as justice shall require ; and that if shall appear Court may char
ge assignee with
to the said Court upon any examination of the matters of account that any such twenty per cent
on money wil
assignee or assignees shall have wilfully retained in his or her hands, or otherwise. fully retained.
employed for his or their own benefit, any sum or sums of money, part of or being the
produce of such estate or effects, the said Court shall have power and authority to order
such assignee or assignees to be charged, in his or their accounts with the estate of
such prisoner, with such sum or sums of money as shall be equal to the amount of
interest, computed at a rate not exceeding twenty pounds per centum per annum on
all sums of money appearing to the said Court to be so retained or employed by him or
them for the time or times during which he or they shall have so retained or employed
the same ; and the said Court shall, in pursuance of such order, charge such assignee
or assignees in their accounts with such sum or sums of money accordingly ; and the
decisions of the said Court upon all such matters shall be final and conclusive.
26. And be it further enacted and ordained , that in all cases where any dividend Assignees to pay
unclaimed di
or dividends have remained in the hands of any assignee or assignees for the space of vidends into
Court.
twelve months next following the declaring thereof, such dividend or dividends shall be
paid by such assignee or assignees into the said Court to be placed to the credit of the
188 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
proper party or parties in that behalf under such estate : Provided always, that it shall
be lawful for the said Court at any time, although such twelve months may not have
expired, if it shall seem fit, to direct that all unpaid and unclaimed dividends , together
with the balance remaining in the hands of any assignee or assignees, shall be paid
forthwith into the said Court to the credit of the said estate, or of the particular
creditors thereof, as the case may be.
Court may re 27. And be it further enacted and ordained, that in case any assignee of the
move assignees
and appoint new estate and effects of any such prisoner so appointed as aforesaid shall be unwilling to
assignees.
act, or in case of the death, incapacity, disabilty, misconduct, or absence from the Colony
of any such assignee, or other cause of unfitness appearing to the said Court, it shall be
lawful to and for any creditor or creditors of such prisoner to apply to the said Court
to appoint a new assignee or assignees with like powers and authorities as are given by
this Ordinance to the assignee or assignees hereinbefore mentioned ; and that the said
Court shall have power to remove such assignees, and to appoint such new assignee or
assignees, and to compel any assignee who shall be removed, and the heirs, executors,
and administrators of any deceased assignee, to account for and deliver up to the said
Court, or as the said Court shall order, all such estate and effects, books, papers,
writings, deeds, and other evidences relating thereto, as shall remain in his or their
[* Ordinance.] hands, to be applied for the purposes of this Act ; * and the decision of the said Court
in the matters aforesaid shall be final and conclusive ; and from and immediately
after such appointment of a new assignee or assignees, and by virtue of the order of
said Court in that behalf, all the estate, effects, rights, and powers of such prisoner
vested in any such former assignee or assignees shall become, and the same are hereby
vested in such new assignee or assignees without any assignment or conveyance execu
ted in that behalf ; and every such removal or appointment shall be entered of record
in the said Court, and such notice thereof shall be published as the said Court shall at
What shall be any time direct : such certified copy thereof as is hereinbefore directed to be received
evidence of re
moval and ap as proof of such order and appointment as aforesaid made in pursuance of this
pointment.
Ordinance.
Court may com 28. And be it further enacted and ordained, that in case any assignee or other
mit for refusing
to file accounts person shall disobey any rule or order of the said Court duly made by the said Court
and other con
tempts. for enforcing the purposes and provisions of this Ordinance, or made and entered into
by the consent of such assignee or other person for carrying into effect the purposes
and provisions of this Ordinance, it shall and may be lawful for the said Court to
order the person so offending to be arrested and committed, as for a contempt of the
said Court, to the prison or common gaol , there to remain without bail or mainprize
until such person shall have fulfilled the duty required by the said recited acts of this
Ordinance, or until the said Court shall make order to the contrary.
Court may di 29. And whereas it may often happen that some interest in lands and tenements
rect conveyance
by provisional has or may become vested in the provisional assignee of the said Court for the relief
assignee where
no assignee is of insolvent debtors which appears to be of no value to creditors, but nevertheless it
appointed.
may be reasonable and expedient that the provisional assignee should make or join in
ORDINANCE No. 3 OF 1846 . 189
Insolvent Debtors.
making some conveyance or assignment of the same, and that the same should be done
without the expense attending advertisements and meetings of creditors, as herein
before described in certain cases ; Be it therefore enacted and ordained , that it shall
be lawful for the said Court, at any time after the day gazetted for the bringing up of
any prisoner to be dealt with according to the provisions of this Ordinance, if no person
or persons other than the said provisional assignee, shall have been appointed assignee
or assignees of his estate and effects, and if it shall appear fit, upon such notice given
by advertisement or otherwise to the creditors , or any of them, as the said Court shall
in any case direct, to order the said provisional assignee to make or join in making
any conveyance or assignment of any such interest as to the said Court may appear
just and reasonable, without observing the provisions of this Ordinance as to the sale
of real property by the provisional or other assignees of the estates of insolvent debtors.
30. And be it enacted and ordained, that every prisoner whose estate shall , by After order
made, the pri
an order to be made under this Ordinance, be vested in the provisional assignee of the soner to deliver
in a schedule of
debts, proper
said Court (whether upon his own petition or on the petition of any such creditor as ty, &c.
aforesaid) , shall within the space of fourteen days next after such order shall have been
made, or next after notice in writing of such order having been made shall have been
given to him, in case such order shall not have been made on his own petition , or within
such further time as the said Court shall think reasonable, deliver into the said Court
a schedule, containing a full and fair description of such prisoner, as to his name or
names, trade or trades, profession or professions, together with the last usual place of
abode of such prisoner, and the place or places where he has resided during the time
when his debts were contracted : and also a full and true description of all debts due
or growing due from such prisoner at the time of making such order, and of all and
every person and persons to whom such prisoner shall be indebted, or who to his
knowledge or belief shall claim to be his creditors, together with the nature and
amount of such debts and claims respectively, distinguishing such as shall be
admitted from such as shall be disputed by such prisoner ; and also a full, true,
and perfect account of all the estate and effects of such prisoner, real and personal
in posession, reversion , remainder, or expectancy ; and also of all places of benefit or
advantage held by such prisoner, whether the emoluments of the same arise from fixed
salaries or from fees or otherwise ; and also of all pensions or allowances of the said
prisoner, in possession or reversion, or held by any other person or persons for or on
behalf of the said prisoner, or of and from which the said prisoner derives or may derive
any manner of benefit or advantage ; and also of all rights and powers of any nature and
kind whatsoever, which such prisoner, or any other person or persons in trust for such
prisoner, or for his use, benefit , or advantage, in any manner whatsoever , shall be seized
or possessed of, or interested in, or entitled unto, or which such prisoner, or any other
person or persons in trust for him, or for his benefit, shall have any power to dispose
of, charge, or exercise for the benefit or advantage of such prisoner ; together with a
full, true, and perfect account of all the debts at the time of making such order due or
growing due to such prisoner, or to any person or persons in trust for him , or for his
190 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
benefit or advantage, either solely or jointly with any other person or persons , and the
names and places of abode of the several persons from whom such debts shall be due
or growing due, and of the witnesses who can prove such debts, so far as such prisoner
Schedule to be can set forth the same ; and the said schedule shall also contain a balance sheet of so
filled with books
and papers. much of the receipts and expenditures of such prisoner, and of the items composing
the same, as shall be at any time required by the said Court in that behalf ; and also
shall fully and truly describe the wearing apparel, bedding, and other necessaries of
such prisoner and his or her family, and the working tools and implements of such
prisoner, not exceeding in the whole the value of twenty pounds, which may be excep
ted by such prisoner from the operation of this Ordinance, together with the values of
such excepted articles respectively ; and the said schedule shall be subscribed by
such prisoner, and shall forthwith be filed in the said Court, together with all
books, papers, deeds, and writings in any way relating to such prisoner's estate or
effects in his or her possession, or under his or her custody or control.
Court to appoint 31. And be it further enacted and ordained , that the said Court shall forthwith,
time and place
for prisoner to after such schedule shall have been filed as aforesaid in the said Court by any such
be brought up.
prisoner, appoint a time and place for such prisoner to be brought up before the Court,
to be dealt with according to the provisions of this Ordinance ; and the time so appointed
shall in no case be more than four calendar months after the date of such appointment.
Notice to be 32. And be it enacted and ordained , that the said Court shall cause notice of the
given to credit
ors, and adver
tised. making every such vesting order as aforesaid , and the filing of every such schedule,
[See Ordinance
No. 5 of 1846.] and of the time and place so as aforesaid appointed for such prisoner to be brought up,
to be given, by such means as the said Court shall direct, to the creditor or creditors at
whose suit any such prisoner shall be detained in custody, or the attorney or agent of
such creditor or creditors, and to the other creditors named in the schedule of such
prisoner, and resident within the Colony, and whose debts shall amount to the sum of
five pounds, and to be inserted in the Colonial newspapers hereinbefore mentioned.
At the time of 33. And be it enacted and ordained , that upon such prisoner being brought up as
hearing, the
schedule to be aforesaid, the said Court shall examine into the schedule of every such prisoner so
examined.
brought before the said Court upon the oath of such prisoner, and of such parties and
Creditors may other witnesses as the said Court shall think fit to examine thereupon ; and in case
oppose prisoner's
discharge . such notice as the said Court shall direct shall have been given by any creditor of his
intention to oppose such prisoner's discharge, it shall be lawful , both for the said creditor
and any other of the creditors of such prisoner, and notwithstanding such creditor
or creditors may have petitioned for and obtained such vesting order as aforesaid, to
oppose such prisoner's discharge, and for that purpose to put such questions to such
prisoner, and examine such witnesses, as the said Court shall think fit, touching the
matters contained in such schedule, and touching such other matters as the said Court
shall be of opinion that it may be fit and proper to inquire into, in order to the due
execution of this Ordinance, but no creditor shall examine or oppose the discharge of
such prisoner until he shall make oath or affidavit of his debt, or otherwise give satis
ORDINANCE No. 3 OF 1846. 191
Insolvent Debtors.
factory proof of his right to oppose such prisoner's discharge, if required so to do by Hearing may be
adjourned.
such prisoner ; and that in case the said Court shall entertain any doubt touching any
matter alleged against such prisoner at such hearing, to prevent his or her discharge,
or otherwise touching the schedule or the examination of such prisoner, or it shall
appear that amendment is necessary to be made of such schedule, or in case such
prisoner shall refuse to be sworn, or shall not answer upon oath to the satisfaction of
the said Court, it shall be lawful for the said Court to adjourn the hearing and exami
nation of such prisoner, and of witnesses thereupon, to some future sitting of the said
Court ; and in every such case such prisoner shall upon such adjournment remain in
custody, and shall and may be again brought up , and such hearing and examination be
further proceeded in, as often as to the said Court shall seem fit : Provided always, that
when any such hearing shall be adjourned by the said Court generally, to some future
period , the said Court shall and may, upon the application of such prisoner, to be made
within such time as the said Court shall direct, order the said prisoner to be brought
up for hearing accordingly, and such notice thereof shall be given, and to such parties,
as the said Court shall direct.
34. Provided always, and be it further enacted and ordained , that where any Affidavits may
be received in
prisoner shall be so brought before the said Court for the relief of insolvent debtors, it opposition to
prisoner's dis
shall be lawful for the said Court to receive the affidavits of any creditor or creditors or charge in cer
tain cases.
other person or persons in opposition to the discharge of such prisoner under this
Ordinance, and also, if such Court shall think fit, to permit interrogatories to be filed
for the examination or cross-examination of any person making or joining in such
affidavits, and to adjourn the hearing and examination of such prisoner until such
interrogatories shall be fully answered to the satisfaction of the said Court.
35. Provided always, and it is hereby enacted and ordained , that at such hearing Schedule and
prisoner's ac
or adjourned hearing, it shall be lawful for the said Court, if it shall appear fit, upon counts may be
referred to an
application made by some creditor or creditors, and supported by oath or affidavit, to officer ofthe
Court, or
order that it shall be referred to an officer of the said Court or to an examiner to be an examiner,
who may order
prisoner to
appointed as aforesaid to investigate the accounts of such prisoner and to examine attend.
into the truth of his schedule, and to report thereon to the said Court ; and that the
said Court may at any such hearing proceed on the other matters in opposition to the
discharge of such prisoner, or may, if it shall appear just and reasonable so to do,
forthwith adjourn the hearing thereof until such officer or examiner shall have made
his report ; and that upon such reference being made as aforesaid , it shall be lawful for
such officer or examiner to order the attendance of such prisoner as often as such
officer or examiner shall think fit, and the prisoner mentioned in such order shall be
accordingly carried before such officer or examiner, for which such order shall be a
sufficient warrant : and the keeper of the prison, or his deputy, so carrying any prisoner Officer and exa
miner may ad
before such officer or examiner, shall receive for the same the sum of ten shillings, and minister oaths.
no more, to be paid by the person or persons at whose requisition the said reference
shall have been had ; and such officer or examiner shall and may, under such reference,
administer oaths, and examine all witnesses and parties upon their oaths touching all
192 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Court may order matters relating thereto : Provided that in all cases where such reference shall have
expenses of re
ference to be been made as aforesaid it shall be lawful for the said Court, if such cause shall appear,
paid ont of in
solvent's estate.
to order all the fees and expenses of such reference, paid by any creditor or creditors,
to be repaid to him, her, or them out of the first money received by the provisional
or other assignee or assignees of such prisoner from or by his estate or effects .
Court, &c., may 36. And be it enacted and ordained, that after such examination of any such
adjudge a pri
soner to be dis
charged from prisoner as hereinbefore directed , it shall be lawful, at such hearing or adjourned
custody, and
entitled to the hearing as aforesaid, for the said Court, upon such prisoner's swearing to the truth of
benefit of this
Ordinance. his schedule, and executing such warrant of attorney as is hereinafter directed, to
adjudge that such prisoner shall be discharged from custody, and entitled to the benefit
of this Ordinance at such time as the said Court shall direct, in pursuance of the
provisions hereinafter contained in that behalf, as to the several debts and sums of
money due or claimed to be due at the time of making such vesting order as aforesaid
from such prisoner to the several persons named in his schedule as creditors , or claiming
to be creditors for the same respectively, or for which such persons shall have given
credit to such prisoner before the time of making such vesting order as aforesaid, and
which were not then payable, and as to the claims of all other persons, not known to
such prisoner at the time of such adjudication , who may be indorsees or holders of
any negotiable security set forth in such schedule so sworn to as aforesaid.
Court may ad 37. And be it enacted and ordained , that in all cases where no cause shall
Judge discharge,
&c., to be forth appear to the contrary, it shall be lawful for the said Court, according as shall seem
with, or not
later than six
months from fit, to adjudge that such prisoner shall be so discharged, and so entitled as aforesaid,
the filing of the
petition. forthwith, or as soon as such prisoner shall have been in custody at the suit of one or
more of the persons as to whose debts and claims such discharge is so adjudicated, for
such period or periods, not exceeding six months in the whole, as the said Court shall
direct, to be computed from the making of such vesting order as aforesaid .
In certain cases 38. And be it enacted and ordained, that in case it shall appear to the said Court
discharge, &c,
to be at any that such prisoner has fraudulently, with intent to conceal the state of his affairs , or to
period not later
than three years
from petitioning. defeat the objects of this Ordinance, destroyed or otherwise wilfully prevented or
purposely withheld the production of any books, papers, or writings relating to such
of his affairs as are subject to investigation under this Ordinance, or kept or caused to
be kept false books, or made false entries in, or withheld entries from, or wilfully
altered or falsified, any such books, papers, or writings, or that such prisoner has
fraudulently, with intent of diminishing the sum to be divided among his creditors, or of
giving an undue preference to any of the said creditors, discharged or concealed any
debt due to or from the said prisoner, or made away with, charged, mortgaged, or
concealed any part of his property of what kind soever, either before or after the
commencement of his or her imprisonment, then it shall be lawful for the said Court
to adjudge that such prisoner shall be so discharged and so entitled as aforesaid, so
soon as he shall have been in custody at the suit of some one or more of the persons
as to whose debts and claims such discharge is so adjudicated, for such period or periods,
ORDINANCE No. 3 OF 1846 . 193
Insolvent Debtors.
not exceeding three years in the whole, as the said Court shall direct, to be computed
as aforesaid.
39. And be it enacted and ordained , that in case it shall appear to the said Court In other cases
the discharge,
that such prisoner shall have contracted any of his or her debts fraudulently, or by & c., to be at
any period not
later than two
means of a breach of trust, or by means of false pretences, or without having had any years from
reasonable or probable expectation at the time when contracted of paying the same, or petitioning.
shall have fraudulently, or by means of false pretences, obtained the forbearance of any
of his debts by any of his creditors, or shall have put any of his creditors to any
unnecessary expense by any vexatious or frivolous defence or delay to any suit for
recovering any debt or sum of money due from such prisoner, or shall be indebted for
damages recovered in any action for criminal conversation with the wife or for seducing
the daughter or servant of the plaintiff in such action, or for breach of promise of
marriage made to the plaintiff in such action or for damages recovered in any action for
a malicious prosecution , or for a libel, or for slander, or in any other action for a
malicious injury done to the plaintiff therein, or in any action of tort or trespass to the
person or property of the plaintiff therein, where it shall appear to the satisfaction of
the said Court that the injury complained of was malicious , then it shall be lawful for
such Court to adjudge that such prisoner shall be so discharged, and so entitled as
aforesaid, forthwith, except as to such debt or debts, sum or sums of money, or damages
as above mentioned ; and as to such debt or debts, sum or sums of money , or damages,
to adjudge that such prisoner shall be so discharged and so entitled as aforesaid , so soon
as he shall have been in custody, at the suit of the person or persons who shall be
creditor or creditors for the same respectively, for a period or periods not exceeding
two years in the whole, as the said Court shall direct, to be computed as aforesaid .
40. And be it enacted and ordained , that the discharge of any prisoner so ad Discharge may
extend to pro
judicated as aforesaid shall and may extend to all process issuing from any Court for cess for contempt
in non-payment
any contempt of any Court, ecclesiastical or civil, for non -payment of money or of of money .
costs or expenses in any Court, ecclesiastical or civil ; and that in such case the said
discharge shall be deemed to extend also to all costs which such prisoner would be
liable to pay in consequence or by reason of such contempt, or on purging the same ;
and that every discharge so adjudicated as aforesaid, as to any debt or damages of any And to costs
incurred by cre
creditor of such prisoner, shall be deemed to extend also to all costs incurred by such ditor, but subject
to taxation.
creditor before the filing of such prisoner's schedule, in any action or suit brought by
such creditor against such prisoner for the recovery of the same ; and that all persons
as to whose demands for any such costs, money, or expenses as aforesaid any such
person shall be so adjudged to be discharged shall be deemed and taken to be creditors
of such prisoner in respect thereof, and entitled to the benefit of all the provisions
made for creditors by this Ordinance, subject nevertheless to such ascertaining of the
amount of the said demands as may be had by taxation or otherwise and to such
examination thereof as is herein provided in respect of all claims to a dividend of such
insolvent's estate and effects.
194 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Discharge may 41. And be it enacted and ordained, that the discharge of any such prisoner so
extend to sums
payable by way
ofannuity, &c. adjudicated as aforesaid shall and may extend to any sum and sums of money which
shall be payable, by way of annuity or otherwise, at any future time or times, by virtue
of any bond, covenant, or other securities of any nature whatsoever, and that every
person or persons who would be a creditor or creditors of such prisoner for such sum or
sums of money if the same were presently due, shall be admissible as a creditor or cre
ditors of such prisoner for the value of such sum or sums of money so payable as
aforesaid , which value the said Court shall, upon application at any time made in that.
behalf, ascertain, regard being had to the original price given for such sum or sums of
money, deducting therefrom such diminution in the value thereof as shall have been
caused by the lapse of time since the grant thereof to the time of making such vesting
order as aforesaid ; and such creditor or creditors shall be entitled in respect of such
value to the benefit of all the provisions made for creditors by this Ordinance, without
prejudice nevertheless to the respective securities of such creditor or creditors, except
ing as respects such prisoner's discharge under this Ordinance.
Court may order 42. And be it enacted and ordained , that whenever any creditor or creditors op
costs, in certain
cases, to be paid posing any such prisoner's discharge shall prove to the satisfaction of the said Court
to opposing cre
ditors out of in
solvent's estate. that such prisoner has done or committed any act for which, upon such adjudication
as aforesaid, be may be liable to remain in such custody as aforesaid for a period not
exceeding three years, to be computed as aforesaid, the said Court shall adjudge the
taxed costs of such opposition to be paid to such opposing creditor or creditors out of
the estate and effects of such prisoner, by his or her assignee or assignees, before any
dividend made thereof; and in all other cases of opposition to a prisoner's discharge being
substantiated or effectual, it shall be lawful for the said Court to adjudge in like man
Where opposition ner, if it shall seem fit ; and that in case it shall appear to the said Court that the
frivolous and
vexatious, costs opposition of any creditor to any such prisoner's discharge was frivolous and vexatious,
may be awarded
to prisoner. it shall be lawful for the said Court to award such costs to such prisoner as shall appear
to be just and reasonable, to be paid by the creditor or creditors making such opposi
tion, which shall be paid accordingly.
Court to make 43. And be it enacted and ordained , that where, upon any prisoner being brought
order, pursuant
to adjudication, up before the said Court, and such adjudication shall have been made as aforesaid by
and issue war
rant to gaoler. the said Court, order shall be made accordingly by the said Court, in pursuance of such
adjudication, and the said Court shall also issue a warrant or warrants to the gaoler
accordingly, ordering the discharge of such prisoner from custody as to the detainers
under which he or she shall then be confined, or which shall be lodged against him or
her before he or she shall be out of custody, the same being for debts in respect of
which such adjudication shall have been made ; and that every such order of adjudica
tion shall take effect as from the day on which the adjudication shall have been made
Specification of in that behalf ; and that every such adjudication and certificate thereof and order there
debts, &c., not
necessary in upon, may be made without specifying therein any such debt or debts, or sum or sums
order of adju
dication.
of money , or claims as aforesaid, or naming therein any such creditor or creditors as
aforesaid, excepting so far as shall be necessary in any case in order to distinguish
ORDINANCE No. 3 OF 1846 . 195
Insolvent Debtors.
between the creditors as to whom any such prisoner may be adjudged to be so discharged
and entitled as aforesaid forthwith, and the creditors as to whom he may be adjudged to
be so discharged and entitled at some future period ; Provided nevertheless, that in
all cases the detainer or detainers with respect to which any such prisoner shall have
been adjudged to be discharged out of custody, he being then in custody thereupon ,
shall be specified in the warrant of the said Court to be delivered to the gaoler in that
behalf.
44. And be it enacted and ordained , that where it shall appear to the said Court Adjudication
may be condi
at any such hearing as aforesaid of any such prisoner, that certain matters or tional in certain
cases.
things ought to be performed by or on behalf of such prisoner before he is intended to
be actually discharged from custody, but that nevertheless it is expedient not to adjourn
the hearing of the case absolutely to some future occasion , without the opportunity
of such discharge being sooner had by doing such things as aforesaid , it shall be lawful
for the said Court to pronounce adjudication without their issuing the order and
warrant pursuant thereto ; and that such adjudication may be directed to be conditional
on the performance of such matters and things as aforesaid ; and that on the non
performance thereof the hearing of such case shall stand adjourned , according to the
direction made in that behalf.
45. Provided always, and be it enacted and ordained , that in all cases where it Where adjudi
cation is a dis
shall have been adjudged that any such prisoner shall be so discharged and so entitled charge at a
future period,
as aforesaid at some future period , such prisoner shall be subject and liable to be de the prisoner may
be detained or
arrested, &c.,
tained in prison, and to be arrested and charged in custody at the suit of any one or till that period
arrives.
more of his or her creditors with respect to whom it shall have been so adjudged , at
any time before such period shall have arrived , in the same manner as he would have
been subject and liable thereto if this Ordinance had not passed : Provided neverthe
less, that when such period shall have arrived, such prisoner shall be entitled to the
benefit and protection of this Ordinance, notwithstanding that he may have been out of
actual custody during all or any part of the time subsequent to such adjudication, by
reason of such prisoner not having been arrested or detained during such time or any
part thereof.
46. And be it enacted and ordained , that in all cases where such prisoner shall, Court may order
detaining cre
ditor to pay
upon such adjudication as aforesaid, be liable to further imprisonment at the suit of prisoner a sum
not exceeding
his creditor or creditors, or any or either of them, it shall be lawful at any time for the four shillings a
week.
said Court, on the application of such prisoner, to order the creditor or creditors at
whose suit he shall be so imprisoned to pay to such prisoner such sum or sums of
money, not exceeding the rate of four shillings by the week in the whole, at such times.
and in such manner, and in such proportions, as the said Court shall direct, and that on
failure of payment thereof, as directed by the said Court, the said Court shall order
such prisoner to be forthwith discharged from custody at the suit of the creditor or
creditors so failing to pay the same.
196 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Before adjudi 47. And be it enacted and ordained , that before any such adjudication shall be
cation, prisoner
shall execute made with respect to any such prisoner, the said Court shall require such prisoner to
warrant of at
torney to con
fess judgment execute a warrant of attorney to authorize the entering up of a judgment against such
for amount of
debts in sche prisoner in the Court, in the name of the assignee or assignees of such prisoner, or of such
dule.
provisional assignee, if no other assignee shall have been appointed and shall have accepted
such office, for the amount of the debts stated in the schedule of such prisoner so sworn
to as aforesaid to be due or claimed to be due from such prisoner, or so much thereof as
shall appear at the time of executing such warrant of attorney to be due and unsatisfied ;
and any such warrant of attorney is hereby declared not to be within the meaning of
the said Act passed by the Imperial Parliament in the third year of the reign of His
late Majesty King George the Fourth, nor shall it be necessary that the same should be
executed in the presence of an attorney for such prisoner, according to the provision
hereinbefore in that behalf contained ; and the order of the said Court for entering up
such judgment shall be a sufficient authority to the proper officer for entering up the
Court may per same, and such judgment shall have the force of a recognizance ; and if at any time it
mit execution to
be taken out shall appear to the satisfaction of the said Court that such prisoner is of ability to pay
thereupon, when
insolvent is of such debts or any part thereof, or that he is dead, leaving assets for that purpose, the
ability to pay,
or is dead, leav
ing assets. said Court may permit execution to be taken out upon such judgment, for such sum of
money as, under all the circumstances of the case, the said Court shall order, such sum
to be distributed rateably amongst the creditors of such prisoners according to the
mode hereinbefore directed in the case of a dividend made after adjudication ; and such
further proceedings shall and may be had upon such judgment as may seem fit to the
discretion of the said Court from time to time until the whole of the debts due to the
several persons against whom such discharge shall have been obtained shall be fully
paid and satisfied, together with such costs as the said Court shall think fit to award;
No scire facias and no scire facias shall be necessary to revive such judgment on account of any lapse
necessary.
of time, but execution shall at all times issue thereon by virtue of the order of the
If application is said Court ; Provided always, that in case any such application against any such prisoner
ill-founded and
vexatious, Court shall appear to the said Court to be ill-founded and vexatious, it shall be lawful for
may dismiss the
same, with costs. the said Court, not only to refuse to make any order on such application , but also to
dismiss the same, with such costs against the party or parties making the same as to
the said Court shall appear reasonable, and the said costs shall be paid accordingly.
Where insolvent 48. And be it enacted and ordained, that in case any such person shall, after he
shall after dis
charge become has become entitled to the benefit of this Ordinance by any such adjudication as
entitied to pro
perty which aforesaid, become entitled to or possessed of, in his own right, any property, whether
cannot be taken
in execution,
the assignee the same be in Hongkong or elsewhere, which by law cannot be taken into execution
may apply to
Court for relief. under the said judgment so to be entered up in the names of such assignee or assignees
as aforesaid, and such prisoner shall have refused to convey, or assign , or transfer such
property, or so much thereof as may be sufficient to satisfy the said judgment, then ,
and in such case, it shall be lawful for the assignee or assignees of such prisoner to
apply by petition in a summary way, setting forth the facts of the case to the said
Court, and to pray that the said prisoner may be taken and committed to custody not
ORDINANCE No. 3 OF 1846. 197
Insolvent Debtors.
withstanding any such adjudication and discharge as aforesaid ; and thereupon , if upon
examination by the said Court, and hearing as well the said assignee or assignees as the
said prisoner, in case he shall appear, or the said assignee or assignees only, in case such
prisoner, due notice having been given to him, shall not appear, it shall appear to the
said Court that the contents of such petition are true, then and in such case the said
Court shall so declare and adjudge, and shall thereupon order the said prisoner to be Court may order
prisoner to be
apprehended, and committed to custody within the walls of any prison which the said remanded to
custody until he
transfer such
Court shall direct, and not within any rules or liberties thereof, until he shall convey, property.
assign, and transfer such property, or so much thereof as the said Court shall direct,
towards the satisfaction of the said judgment, to such assignee or assignees , for the
general benefit of the creditors of such prisoner.
49. And be it enacted and ordained, that in case any person or persons, body Manner of pro
ceeding where
politic or corporate, shall, after any such insolvent shall have become entitled to the after the dis
charge of a pri
soner, any per
benefit of this Ordinance by any such adjudication as aforesaid , become or be possessed son shall become
possessed of
of, or have under his or their power or control, any legacy, or money due or growing property belong
ing to him.
due, bills of exchange, promissory notes, bank notes , securities for money, goods and
chattels, or any other property whatsoever belonging to such insolvent, or held in trust
for him, or for his use and benefit, or to which such insolvent shall be in any way
entitled, or in case any such person or persons, body politic or corporate, shall be at
such period in any manner indebted to such insolvent, it shall be lawful for the said
Court, upon the application of any assignee or creditor of such insolvent, to cause
notice to be given to such person or persons, body politic or corporate, directing him
or them to hold and retain the said property till the said Court shall make further
order concerning the same ; and thereupon it shall be lawful for the said Court further
to order such person or persons, body politic or corporate, to deliver over such property,
and to pay such debts as aforesaid, or any part thereof, to the provisional or other
assignee or assignees of the estate and effects of such insolvent, for the general benefit
of the creditors of such insolvent, entitled to claim under such judgment entered up by
order of the said Court, as aforesaid ; and such delivery and payment shall be made
accordingly, in obedience to such order ; and such person and persons, body politic and
corporate, shall by such payment and delivery, so made in pursuance of such order of
the said Court, be discharged in respect of such property, and debts against all persons
whatsoever to all intents and purposes .
50. And be it enacted and ordained, that no person who shall have become en Persons
discharged under
titled to the benefit of this Ordinance by any such adjudication as aforesaid shall at this Ordinance
not liable to
imprisonment for
any time thereafter be imprisoned by reason of the judgment so as aforesaid entered debts, &c., to
which adjudica
up against him or her, according to this Ordinance, or for or by reason of any debt or tion extends.
sum of money, or costs, with respect to which such person shall have become so entitled ,
or for or by reason of any judgment, decree, or order for payment of the same ; but
that upon every arrest or detainer in prison upon any such judgment so entered up as
aforesaid, or for or by reason of any such debt or sum of money or costs, or judgment,
198 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
If arrested, to be decree, or order for payment of the same, it shall be lawful for any Judge of the Court
released by
Judge of the from which any process shall have issued in respect thereof, and such Judge is hereby
Court from
which process
issued ; required, upon proof made to his satisfaction that the cause of such arrest or detainer
is such as hereinbefore mentioned, to release such prisoner from custody, unless it shall
appear to such Judge, upon inquiry, that such adjudication as aforesaid was made.
without due notice, where notice is by this Ordinance required , being given to or
acknowledged by the plaintiff on such process, or being by him dispensed with by the
acceptance of a dividend under this Ordinance, or otherwise ; and at the same time, if
who may order such Judge shall in his discretion think fit, it shall be lawful for him to order such
costs to be paid
to him. plaintiff, or any person or persons suing out such process , to pay such prisoner the
costs which he shall have incurred on such occasion, or so much thereof as to such
Judge shall seem just and reasonable, such prisoner causing a common appearance to
be entered for him in such action or suit.
After discharge, 51. And be it enacted and ordained, that after any person shall have become en
no execution to
issue against
insolvent for titled to the benefit of this Ordinance by any such adjudication as aforesaid, no writ
debts, &c., to
which adjudica of fieri facias or elegit shall issue on any judgment obtained against such prisoner, for
tion extends.
any debt or sum of money with respect to which such person shall have so become
entitled, nor in any action upon any new contract or security for payment thereof,
except upon the judgment entered up against such prisoner according to this Ordinance ;
and that if any suit or action shall be brought or any scire facias be issued against any
such person , his heirs, executors, or adminintrators , for any such debt or sum of money,
or upon any new contract or security for payment thereof, or upon any judgment ob
tained against, or any statute or recognizance acknowledged by such person for the same,
except as aforesaid , it shall be lawful for such person , his heirs, executors, or adminis
Discharge under trators, to plead generally that such person was duly discharged according to this
this Ordinance
may be pleaded Ordinance by the order of adjudication made in that behalf, and that such order remains
generally.
in force, without pleading any other matter specially ; whereto the plaintiff or plaintiffs
shall or may reply generally, and deny the matters pleaded as aforesaid, or reply any
other matter or thing which may shew the defendant or defendants not to be entitled
to the benefit of this Ordinance, or that such person was not duly discharged according
to the provisions thereof, in the same manner as the plaintiff or plaintiffs might have
replied in case the defendant or defendants had pleaded this Ordinance, and a discharge
by virtue thereof, specially.
When debts are 52. Provided always, and be it enacted and ordained , that if at any time after
satisfied, the
Court may order any such adjudication as aforesaid shall have been made with respect to any such
warrant of
attorneyto be prisoner in pursuance of this Ordinance, it shall appear to the satisfaction of the said
cancelled, and
satisfaction to be
entered on the Court that all the debts in respect of which such adjudication was made have been
judgment.
discharged and satisfied, it shall be lawful for such Court, upon application duly made,
to direct the warrant of attorney executed by such prisoner under this Ordinance to
be cancelled, or if judgment shall have been entered up thereon, to order satisfaction
to be entered on such judgment, and the order of the said Court for entering up such
satisfaction shall be a sufficient authority to the proper officer for entering up the
ORDINANCE No. 3 OF 1846 . 199
Insolvent Debtors.
same ; and that if in any case it shall appear to the satisfaction of the said Court that And a re-assign
ment to be
after the debts of any such prisoner shall have been so discharged and satisfied as executed.
aforesaid, there shall remain in the possession, or subject to the control of his or her
assignee or assignees, any property of any kind or description whatsoever which has
come to such assignee or assignees , or to which he or they may claim title, by virtue
of the order made in that behalf, or otherwise by virtue of his or their office of
assignee or assignees, it shall be lawful for the said Court, on application duly made,
to order that all such property so remaining as aforesaid shall be vested in the person
whose debts shall have been so satisfied and discharged, or his heirs, executors,
administrators, or assigns ; and such order shall have the effect of vesting the same
accordingly; and that any deed of release to be recorded in the said Court, by which
any such debt or debts shall be released or discharged, shall not be liable to any
stamp duty.
53. And whereas it may sometimes happen that a of, or claim upon, or Where error in
schedule without
balance due from such prisoner as aforesaid, may be specified in his schedule so sworn frau 1, this
Ordinance to
to as aforesaid at an amount which is not exactly the actual amount thereof, without operate upon the
actual amount of
debt ;
any culpable negligence or fraud, or evil intention on the part of such prisoner ;
Be it enacted and ordained, that in such case the said prisoner shall be entitled to all
and every benefit and protection of this Ordinance ; and the creditor in that behalf shall
be entitled to the benefit of all the provisions made for creditors by this Act,* in respect [* Ordinance.]
of the actual amount of such debt, claim, or balance, and neither more nor less than
the same, to all intents and purposes , such error in the said schedule notwithstanding.
54. And be it further enacted and ordained, that every such adjudication as Adjudication and
order to be final.
aforesaid by the said Court as aforesaid, with respect to any prisoner, and the order unless obtained
on false
thereupon, so made as aforesaid , shall be final and conclusive, and shall not be received evidence, &c.,
in which case
Court may order
by the said Court unless the said Court shall thereafter see good and sufficient cause to a re-hearing.
believe that such adjudication has been made on false evidence , or otherwise improperly
made or fraudulently obtained ; in which case it shall be lawful for the said Court,
upon the application of such prisoner, or of any creditor of such prisoner, to order such
prisoner, upon due notice to be given to such persons, and in such manner as the said
Court shall direct, to attend , or to be brought up, and the said matter to be re-heard
before the said Court, as the case may require, who shall thereupon re-hear the same,
and shall and may, if just cause shall appear, annul the original adjudication and
order thereupon made in such case, and shall have the same powers and authorities
upon such re-hearing as upon any original hearing in pursuance of this Ordinance,
and may adjudicate in such matter accordingly ; and thereupon , in case the former
adjudication in the said matter shall not be confirmed, such order, certificate, and
warrant shall be made as required by this Ordinance to be made upon such original
adjudication ; and the said Court shall and may, if necessary, remand the said prisoner
to the same custody in which he was at the time of the former hearing of the matters
of his petition, there to be subject to imprisonment as if the former adjudication
therein had not been made ; and thereupon all detainers which where in force against
200 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
such prisoner at the time of his former discharge from custody shall be deemed to be
still in force against him as if such former adjudication had not been made ; and the
gaoler or keeper of the prison to which such prisoner shall be so remanded shall and is
hereby required to receive such prisoner into his custody in pursuance of such remand ,
Insolvent for doing which the order of remand in such case shall be his sufficient warrant ; and
refusing to
appear may be where in any case such prisoner shall refuse or neglect to appear before the said Court
apprehended, &c.
according to such order for re-hearing as aforesaid, a copy whereof shall have been duly
served on such prisoner, it shall be lawful for the said Court to order such prisoner to be
apprehended, and committed to custody in such prison as the said Court shall direct ,
and to issue its warrant accordingly, and to cause such prisoner to be brought up for
In adjudication examination as often as to the said Court shall seem fit : Provided always, that where
of discharge on
re-hearing, the upon such re-hearing it shall appear to the said Court that such prisoner is not entitled
time since former
hearing not to be
calculated. to the benefit of this Ordinance until some future period, according to the provisions
hereinbefore contained, the said Court shall and may, if it shall appear reasonable,
adjudge the discharge of such prisoner at such future period to be calculated without
including the time during which such prisoner shall have been out of custody since the
time appointed for his discharge by such former adjudication as aforesaid.
Where an order 55. Provided always, and be it further enacted and ordained, that if in any case
of discharge has
been issued by an order or warrant for the discharge of any such prisoner shall have issued erroneously,
mistake, the
Court may
revoke and and which is not pursuant to the adjudication made in that behalf, it shall be lawful
amend the same.
for the said Court, on such error being shewn to the said Court, to revoke such order
and warrant, and to annul, suspend , or amend the same , according to such adjudication,
and if necessary to re-commit such prisoner to his former custody, when by such order
or warrant he shall have been discharged therefrom ; and the gaoler or keeper of the
prison to whose custody such prisoner shall be so re-committed is hereby required to
receive such prisoner into his custody according to such re- commitment ; and all
detainers which were in force against such prisoner at the time of such discharge as
aforesaid shall be deemed to be still in force against him, as if such erroneous order or
warrant had not issued.
Prisoner may, 56. And whereas the estate, both real and personal, of any person whose
after discharge,
be examined as
to estate and discharge has been adjudicated under this Ordinance may not be sufficiently described
effects, on appli
cation of or discovered in his schedule so sworn to as aforesaid, or the assistance of such person
assignee.
may be necessary to adjust, make out, recover, or manage his estate or effects, for the
benefit of his creditors ; Be it therefore enacted and ordained , that it shall be lawful
for the assignee or assignees of the estate and effects of any such person whose discharge
shall have been adjudicated under this Ordinance, from time to time to apply to the
said Court that such person may be further examined as to any matters or things
Prisoner refusing relating to his estate and effects, by the said Court ; and in case such person shall
to appear, or to
answer neglect or refuse to appear before such Court at such time and place as shall be directed
questions, may
be committed.
by such order, or appearing, shall refuse to be sworn, or to answer such questions as
shall be put to him relating to the discovery of his said estate and effects, then and in
any of such cases it shall be lawful for such Court by warrant to commit such person
ORDINANCE No. 3 OF 1846. 201
Insolvent Debtors.
to the common gaol, there to remain without bail or mainprize until such time as he
shall submit himself to the order of the said Court in that behalf, and shall answer
upon oath or otherwise, as shall be required, to all such lawful questions as shall be
put to him in pursuance of the same for the purposes aforesaid.
57. And be it enacted and ordained , that in case any prisoner whose estate shall, Persons wilfully
omitting any
by an order under this Ordinance, have been vested in the said provisional assignee, thing in the
schedule, guilty
shall , with intent to defraud the creditors or creditor of such prisoner, wilfully and of a misde
meanour, and
liable to three
fraudulently omit in his schedule, so sworn to as aforesaid, any effects or property years' imprison
ment.
whatsoever, or retain or except out of such schedule, as wearing apparel, bedding,
working tools and implements, or other necessaries, property of greater value than
twenty pounds, every such person so offending, and any person aiding and assisting
him to do the same, shall, upon being thereof convicted by due course of law, be
adjudged guilty of a misdemeanour, and thereupon it shall be lawful for the Court
before whom such offender shall have been so tried and convicted to sentence such
offender to be imprisoned and kept to hard labour for any period of time not exceeding
three years ; and that in every indictment or information against any person for any Indictment need
only set out
offence under this Ordinance, it shall be sufficient to set forth the substance of the substance of
offence charged.
offence charged on the defendant, without setting forth the petition, or order vesting
such prisoner's estate in the provisional assignee, appointment of assignee or assignees ,
or balance sheet, order for hearing, adjudication, order of discharge or remand, or any
warrant, rule, order, or proceeding of or in the said Court, except so much of the
schedule of such prisoner as may be necessary for the purpose.
58. And be it enacted and ordained, that if any prisoner or other person taking Persons swearing
falsely under this
an oath under the provisions of this Ordinance shall wilfully forswear and perjure Ordinance liable
to punishment
himself in any oath to be taken under this Ordinance, and shall be lawfully convicted inflicted for
perjury.
thereof, the person so offending shall suffer such punishment as may by law be
inflicted on persons convicted of wilful and corrupt perjury ; and that in all cases
wherein by this Ordinance an oath is required , the solemn affirmation of any person,
being a quaker or other person by law allowed to affirm , shall and may be accepted
and taken in lieu thereof ; and that every person making such affirmation who shall
be convicted of wilful false affirmation shall incur and suffer such and the same
penalties as are inflicted and imposed upon persons convicted of wilful and corrupt
perjury.
59. And be it enacted and ordained , that if any person who shall at any time be Mode of proceed
ing with
a prisoner in any such prison as aforesaid, upon any such process as aforesaid, shall prisoners of
unsound mind.
be or become of unsound mind, and therefore incapable of taking the benefit of this
Ordinance in such manner as he or she might have done if of sound mind , the gaoler
or keeper of such prison shall forthwith require one or more Justice or Justices to
attend at the said prison, and inquire into the state of mind of such prisoner ; and
thereupon, and also in case any such Justice or Justices shall receive information by
other means, that any such prisoner is of unsound mind as aforesaid, such Justice or
Justices shall go to the said prison, and by his or their own view, and by examination
202 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
on oath of such person or persons as he or they shall think fit to examine, shall inquire
into the state of mind of such prisoner ; and if it shall appear to such Justice or
Justices upon such inquiry that such prisoner is of unsound mind, and therefore
incapable of taking the benefit of this Ordinance in such manner as a person of sound
mind might do, such Justice or Justices shall forthwith make a record of the fact, and
Application may certify the same to the said Court ; and thereupon it shall be lawful for the said Court,
be made by
persons on behalf at the instance of any person or persons on behalf of such prisoner, to order notice
ofsuch prisoners.
to be inserted in the two public newspapers aforesaid, that application will be made to
the said Court for the discharge of such prisoner on a day to be specified in such order
and notice , being twenty-one days at least from the day of publication of such one of
the said newspapers containing such notice as shall be last published , which notice,
together with the service of the like notice on the creditor or creditors at whose suit
such prisoner, shall be detained in custody, or his or their attorney or attorneys in
such suit, shall be deemed sufficient to authorize the said Court to proceed to the
discharge of such prisoner, if otherwise entitled to such discharge, according to the
Court may true intent and meaning of this Ordinance ; and the said Court shall proceed accord
discharge such
prisoner. ingly, and shall discharge such prisoner from custody, and do all other acts under
this Ordinance, in case it shall appear that such prisoner might have obtained his or
her discharge under this Ordinance if he or she had been of sound mind ; and there
upon all and every estate, right, title, interest in law and equity, real and personal,
power, benefit, and emolument whatsoever, which, if such prisoner was of sound mind ,
could or ought to be vested in the said provisional assignee, pursuant to the provisions
of this Ordinance, shall, by force and virtue of the order of the said Court for the
discharge of such prisoners, be vested in the provisional assignee of the said Court, or
May appoint in the other assignee or assignees appointed by the said Court, and named in the said
assignees ;
order, or in any other order of the said Court in that behalf, as fully and effectually,
and in the same manner, and with all and every the same consequences and effects,
both in fact and law, to all intents and purposes whatsoever, as if such prisoner had
been of sound mind , and such order as aforesaid had been made vesting the same in
such provisional assignee at the time and in the manner in this Ordinance provided ;
May order judg and that it shall be lawful for the said Court to order judgment to be entered up
ment to be
entered up. against such prisoner, in the same manner as if he or she had been of sound mind,
and had executed a warrant of attorney to authorize the entering up of such judgment
in the manner hereinbefore directed ; and such order shall be sufficient authority to
the proper officer for entering up the same ; and any dividend to be made by such
assignee or assignees shall be made in such manner, and such proceedings shall be
thereupon had, as are hereinbefore provided in the case of a dividend of the estate and
effects of any prisoner made before adjudication ; and the discharge of every such
prisoner of unsound mind , so made as aforesaid, shall extend to all debts and sums of
money to which the same might have extended if such prisoner had been of sound
mind, and had duly filed his schedule, according to the provisions of this Ordinance :
Provided always, that every such order of discharge, and of the appointment of an
1
ORDINANCE No. 3 OF 1846 . 203
Insolvent Debtors.
assignee or assignees, in such case, shall be entered of record in the said Court, and
proof thereof shall be received by such copy thereof as is hereinbefore directed to be
received as proof of conveyances and assignments made in pursuance of this Ordinance .
60. And be it enacted and ordained, that this Ordinance shall not extend or be Discharge not to
extend to Crown
debtors.
constructed to extend to discharge any prisoner with respect to any debt due to Her
Majesty or Her Successors, or to any debt or penalty with which he shall stand
charged at the suit of the Crown, or of any person for any offence committed against
any ordinance or ordinances relative to any branch of the public revenue, or at the
suit of any sheriff or other public officer, upon any bail- bond entered into for the
appearance of any person prosecuted for any such offence.
61. And be it further enacted and ordained, that the proper officer of the said Officer ofCourt to
produce proceed
Court shall, on the reasonable request of any such prisoner as aforesaid, or of any cre ings and give
copies.
ditor or creditors of such prisoner, or his , her, or their attorney, produce and shew to
such prisoner, creditor or creditors, and his, her, or their attorney, at such times as the
said Court shall direct, such petition , vesting order, schedule, order of adjudication,
and all other orders and proceedings made and had in the matter of such petition, and
all books, papers, and writings filed in such matter, and permit him, her, or them to
inspect and examine the same, and shall provide for any such prisoner, creditor or
creditors, or his or their attorney requiring the same, a copy or copies of any such
petition, vesting order, schedule, order of adjudication , or other order or proceeding,
or of such part thereof as shall be so required, receiving such fee as the said Court
shall appoint for so providing the same ; and that a copy of such petition, vesting A copy of such
proceedings
under seal to be
order, schedule, order of adjudication, and other orders and proceedings purporting admitted as
evidence.
to be signed by the officer in whose custody the same shall be, or his deputy, certi
fying the same to be a true copy of such petition , vesting order, schedule, order of
adjudication, or other proceeding, and purporting to be sealed with the seal of the
said Court, shall at all times be admitted as sufficient evidence of the same, without
any other proof whatever given of the same.
62. And be it enacted and ordained, that the said Court in all cases may from Examiners to be
appointed.
time to time, as occasion shall require, appoint as many fit persons as shall be
requisite to be examiners for the purposes of this Ordinance ; and that such examiner Their fees.
shall and may receive for his trouble the sum of one pound , and no more, for every
meeting held by him in pursuance of this Ordinance, to be paid by the person or
persons requiring the same.
63. And be it further enacted and ordained, that every sheriff, gaoler, keeper, or Sheriffs, & c.,
indemnified for
other officer of any prison, who shall do any thing in obedience to any order of the obeying orders of
Court.
said Court, or of any officer of the said Court, or such examiner as aforesaid , authorised
by the said Court, by virtue of this Ordinance, shall be, and is and are indemnified for
whatsoever shall be done by them respectively in obedience thereto ; and that if any If action for
escape &c.,
action of escape, or any suit or action, be brought against any Judge, Commissioner, brought, the
general issue
Justice of the Peace, sheriff, gaoler, keeper of any prison, or any person, for performing may be pleaded,
and this Ordi
nance given in
the duty of his office, in pursuance of this Ordinance, such Judge, Commissioner, evidence.
204 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Justice of the Peace, sheriff, gaoler, keeper of prison , and other person may plead the
general issue, and give this Ordinance and the special matter in evidence ; and if the
plaintiff be nonsuited, or discontinue his or her action, or a verdict shall pass against
him or her, or judgment shall be had for the defendant upon demurrer, the defendant
shall have treble costs .
What shall be 64. And be it enacted, that in all rules, orders, warrants, and other proceedings
sufficient to be
set forth in the
rules and pro of the said Court under this Ordinance, it shall be sufficient to set forth such rule, order,
ceedings of the
Court. or warrant, or in case of a warrant for the apprehension or detention of any person for
a contempt in disobeying any order or rule of the said Court, or for the apprehension or
detention of any person for the appearance of such person before the said Court,
according to this Ordinance, or for the enforcing any rule or order of the said Court,
it shall be sufficient to set forth such rule or order, and the warrant thereon, and that
the insolvent in any order, rule, warrant, or other proceeding mentioned , has been duly
discharged, under this Ordinance, if he has been so discharged, or if he has not been
so discharged, that he has applied by petition to the said Court for his or her discharge
from custody, according to the provisions of this Ordinance, without setting forth in
any such order, rule, warrant, or other proceeding, the petition , order vesting the estate
of any such prisoner in the provisional assignee, appointment of assignee or assignees ,
or the schedule, balance sheet, order for hearing, adjudication, order for discharge, or
any other rule, order or proceeding of or in the said Court, or any part thereof except
as aforesaid.
Before whom 65. And be it enacted and ordained, that all affidavits to be used before the said
affidavits are to
be sworn.
Court, or any officer of the said Court, or any examiner appointed as aforesaid under
this Ordinance, shall and may be sworn before the said Court, or any commissioner
appointed by the said Court for the purpose of taking affidavits, or before a Magistrate
of the said Colony.
What shall be
paid for inser 66. And be it enacted and ordained, that the sum of three shillings and no more
tion ofadvertise
ments. shall be paid to any printer or proprietor of any newspaper for the insertion of any
advertisement by this Ordinance directed to be inserted in any newspaper ; and all
printers and proprietors of newspapers are hereby required to insert the same, on
payment of the said sum of three shillings for the insertion thereof, in such form as
the said Court shall from time to time direct.
Power to Court, 67. And be it further enacted and ordained , that the Chief Justice of the said
with the advice
ofthe Legislative Court may from time to time, with the advice and approval of the Legislative Council
Council, to make
rules and orders of the said Island , make all such rules and orders as may be necessary for carrying
and settle scale of
fees.
this Ordinance into operation and effect within the said Colony, as also from time to
time, with such advice and approval, to settle such scale or scales of fees and charges
as may seem expedient with relation to the said Ordinance, and all things and acts to
be done thereunder.
Construction of 68. And be it further enacted and ordained, that whenever this Ordinance hath
Ordinance.
used words importing the singular number or the masculine gender it shall be
ORDINANCES Nos . 3 AND 4 OF 1846. 205
Insolvent Debtors. Ghaut Serang- Lascars.
understood to include several matters as well as one matter, and several persons as well
as one person, and females as well as males, and bodies corporate as well as individuals ,
unless it be otherwise specially provided, or there be something in the subject or
context repugnant to such construction.
69. And be it enacted and ordained , that this Ordinance shall commence and Commencement
of Ordinance.
come into operation, as to all matters not otherwise provided for, on the first day of
June, 1846.
[Repealed by Ordinance No. 5 of 1864. ]
NOTE.- By rule of Court made under this Ordinance of the 12th November, 1846, a
schedule offees was fixed.
No. 4 of 1846.
An Ordinance to explain and extend the Provisions of the Ordinance to Title.
Establish a Licensed Ghaut Serang in the Colony of Hongkong, and
for the better Regulation of Lascars resorting thereto .
[ 9th July, 1846. ]
HEREAS certain doubts have existed in the construction of Ordinance No. Preamble.
W 13 of 1845, as to the term " Lascar " therein used, and as it is deemed expedient
that the provisions thereof should be extended to all seamen, natives of Asia :
Be it therefore enacted and ordained by the Governor for the time being of the The word
" Lascar" to
Colony of Hongkong and its dependencies, with the advice of the Legislative Council extend to all
Asiatic seamen.
thereof, that from and after the passing of this Ordinance, the word " Lascar " shall in
both Ordinances be held to include and comprehend all seamen , natives of India, and
that each and every provision made and ordained by the said Ordinance No. 13 of 1845,
touching and respecting " Lascars," shall be and are hereby extended to all other
seamen, being Malays, natives of Manila, or of any other part of Asia, except Chinese.
[ Repealed by Ordinance No. 6 of 1852. ]
206 ORDINANCES Nos . 5 AND 6 OF 1846.
Insolvent Debtors. Supreme Court - Criminal Procedure .
No. 5 of 1846.
Title. An Ordinance for the Substitution of Notices and Advertisements under
Ordinance No. 3 of 1846 , entitled " An Ordinance for the Relief of
Insolvent Debtors within the Colony of Hongkong."
[ 8th October, 1846. ]
Preamble. HEREAS certain delay and difficulty may arise in the insertion of notices and
WH advertisements in the Colonial newspapers, as directed by the aforesaid
Ordinance No. 3 of 1846 :
Power to give Be it therefore enacted and ordained , that from and after the passing of this
notices under the
Insolvent
Debtors' Ordi Ordinance, it shall be lawful for the Supreme Court, when any such delay or difficulty
nance otherwise
than as therein shall arise , to make any order that may be deemed necessary for the substitution of
directed, in cases
of necessity. some other notification in lieu of any notices or advertisements required by the said
Ordinance No. 3 of 1846.
[ Repealed by Ordinance No. 5 of 1864.]
No. 6 of 1846.
Title. An Ordinance for the regulation of Criminal Proceedings in the Supreme
Court of Hongkong, during the Absence of Her Majesty's Attorney
General.
[ 8th October, 1846. ]
Preamble. HEREAS it is necessary and expedient to make provision for the due and proper
WHEinstitution and carrying on of criminal proceedings in the Supreme Court of
Hongkong, during the absence of Her Majesty's Attorney General :
Power to the Be it therefore enacted and ordained , that from and after the passing of this
Governor to
appoint a person Ordinance, it shall be lawful for His Excellency the Governor of Hongkong, at any
to carry on
criminal pro
ceedings during time in and during the absence of Her Majesty's Attorney General, to nominate and
the absence of
the Attorney appoint a fit and proper person to appear and prosecute in the Supreme Court of
General, &c.
Hongkong, either as Attorney General or in his own name for and on the behalf of
Her said Majesty ; and any indictment or information signed by the party so nominated
and appointed shall be of the same force and validity as if the same had been signed
by Her Majesty's Attorney General pursuant to an ordinance made and passed in the
No. 8 of 1845. ninth year of Her Majesty's Reign, intituled, An Ordinance to regulate Criminal Pro
Section 1.
ceedings.
[ Repealed by Ordinance No. 3 of 1865. ]
ORDINANCE No. 7 OF 1846 . 207
Registration and Census.
No. 7 of 1846.
An Ordinance to repeal Ordinance No. 18 of 1844 , and to establish a Title.
more effectual Registry of the Chinese Inhabitants, and a Census of
the Population of the Island of Hongkong.
31st December , 1846. ]
HEREAS the islands, ports, harbours, coasts, and places near and adjacent to Preamble.
W the Island of Hongkong and its dependencies are infested by pirates and
robbers ; and whereas it is necessary for the protection of the lives and property of the
inhabitants of this Colony, and in order the more effectually to prevent crime, that such
pirates and robbers, and other persons of notoriously bad character , should not be
permitted to resort to or reside in the said Colony, and it is deemed expedient to repeal
Ordinance No. 18 of 13th November 1844, entitled , " An Ordinance to repeal Ordinance
No. 16 of 1844, and to establish a Registry and Census of the Inhabitants of the Island
of Hongkong," and to substitute other rules and regulations in lieu thereof :
1. Be it therefore enacted and ordained by His Excellency the Governor of Hong Repeal of
Ordinance No. 18
kong, by and with the advice of the Legislative Council of the said Colony, that the of 1844.
said Ordinance No. 18 of the year 1844 be, and the same is hereby repealed, save and
except that the office thereby established, and therein called " The Census and Regis
tration Office," shall continue for the purposes hereinafter mentioned, and the duties
and business thereof shall be discharged and performed by a Registrar General and
other officers and assistants to be nominated by His Excellency the Governor, and
which said Registrar General, officers, and assistants shall receive such salary and
salaries as His Excellency the Governor in Council may be pleased to appoint subject
to Her Majesty's pleasure.
2. And be it further enacted and ordained, that after the passing of this Ordi Duties of
Registrar
nance, the Registrar General appointed by Ordinance No. 18 of 1844, or to be appointed General.
under this Ordinance, shall, while he continues to act as such Registrar General, be
joint Superintendent of Police, a Justice of the Peace, and Protector of Chinese
inhabitants in the said Colony ; and that it shall be his duty to use his best endeavours
to prevent the commission of crime, and to discover and apprehend the perpetrators
thereof, and generally to protect the Chinese inhabitants of this Colony ; and for the
purposes of this Ordinance the said Registrar General is hereby authorised at any time
or times to enter any house or boat within the Colony or adjacent waters wholly or
partly inhabited or manned by Chinese .
3. And be it further enacted and ordained, that it shall and may be lawful for the Registrar
General by
said Registrar General, with the sanction of His Excellency the Governor, or Officer direction ofthe
Governor may
divide the Colony
Administering the Government for the time being, to divide the Colony of Hongkong into districts.
into districts ; and that the officers appointed under Ordinance No. 13 of 1844 , and
therein called Paouchong and Paoukea, shall be obedient to the orders of the said
208 ORDINANCE No. 7 OF 1846.
Registration and Census.
Registrar General , and shall at all times make such returns and do all other things for
the purposes of this Ordinance as shall be required of them by the said Registrar
General, under a penalty of not more than one hundred dollars.
Numbering of 4. And whereas, for the purpose of giving greater facility to the carrying out the
Chinese houses.
intentions of this Ordinance, it is necessary and expedient that all the houses in the
Colony of Hongkong inhabited by Chinese be numbered : Be it therefore enacted and
ordained, that every Chinese householder shall cause to be affixed to his house a painted
number of such description , and in such manner as the Registrar General shall direct,
under a penalty not exceeding forty dollars.
Tickets to 5. And be it further enacted and ordained, that for the benefit and protection of
Chinese
householders. the well-disposed and honest Chinese inhabitants of the Colony, every such house
holder shall receive a ticket in English, signed by the Registrar General, containing
such particulars as the Registrar General shall deem expedient, which ticket shall be
produced when required , under a penalty not exceeding twenty dollars .
Householder to 6. And be it further enacted and ordained , that every such householder shall cause
issue tickets to
all residents on to be hung up and exhibited in some conspicuous part of his house, a board inscribed
his premises, &c.
with a true and accurate list of all persons resident therein, and shall deliver to every
person so residing or living in his house, a ticket sealed with his seal, and containing
such particulars and of such form as the said Registrar General shall direct, under a
penalty of not more than twenty dollars, and which said ticket shall be given up to and
cancelled by such householder, whenever such person or persons so residing or living
in his house shall cease to do so ; and the possession of such ticket by any person
whomsoever shall be prima facie evidence of its delivery by such householder ; and if
any such householder shall deliver any such ticket to a person of notoriously bad
character, or if any person while resident in the house of such householder without such
ticket, shall be convicted on the oaths of one or more credible witnesses of felony, then
and in any or either of such cases, such householder shall be liable to a penalty of not
more than twenty dollars : Provided always that the penalty last above mentioned shall
not be levied where such householder shall bring, or use his best exertions to bring, the
offender or offenders to justice.
Householder to 7. And be it further enacted and ordained, that every such householder shall at all
furnish Registrar
General with all times give the said Registrar General such information as he may require of him for
required
information, and any of the purposes of this Ordinance ; and shall also report to the Chinese officer of
report to
Chinese district the district in which he shall reside, all marriages, births , deaths, and every change
officer changes in
his house.
connected with any person or persons whatsoever arriving in or departing from his
house, under a penalty of not more than twenty dollars.
Registration of 8. And be it further enacted and ordained , that for the benefit and protection of
Chinese servants
in European the European residents of this Colony, every Chinese domestic servant, artificer, or
employ.
workman residing on the premises of and employed by Europeans, shall, on producing
to the Registrar General a certificate from his employer or employers, and having
ORDINANCE No. 7 OF 1846. 209
Registration and Census.
obtained Chinese security to his or their satisfaction , be furnished with a registration
ticket by the Registrar General containing such particulars as may be expedient, and
that the absence of such registration ticket after the tenth day of service shall render
such domestic servant, artificer, or workman liable to a fine of twenty dollars.
9. And be it further enacted and ordained, that every such Chinese domestic Domestic
servants, &c., to
servant, artificer, or workman having obtained a registration ticket as aforesaid, shall deliver their
registration
tickets to their
deliver the same to his master or employer, and the said registration ticket shall be employer, &c.
returned to him duly endorsed by the master or employer whenever the term of service
shall expire : Provided always that if such domestic servant, artificer, or workman shall
leave his master or employer without permission, or shall so misconduct himself as to
be dismissed, then the said master or employer shall deliver the servant's registration
ticket to the Registrar General, with the cause of such domestic servant, artificer, or
workman leaving his service endorsed thereon.
10. And be it further enacted and ordained, that after the date of the passing of Prohibition of
unregistered
hawkers.
this Ordinance it shall not be lawful for any person or persons to hawk goods er wares
of any description whatsoever on the streets or roads of the Colony under a penalty of
not more than twenty dollars, unless specially permitted to do so by the said Registrar
General, who shall enquire into the character and receive proper security for the good
conduct of such hawker, before such permission shall be so granted, and that the said
permission may at any time be forfeited on conviction of any offence before a Police
Magistrate.
11. And be it further enacted and ordained , that every Chinese boat, or vessel Chinese boats,
&c. to be
plying for hire within the waters of this Colony, or carrying passengers between this registered.
[See Ordinance
No. 3 of 1847.]
Colony and the neighbouring ports, shall obtain from the Registrar General a certificate
of such form and under such security as to him shall seem fit, upon payment of fee
according to size as in the schedule hereunto annexed marked A ; and while in the Number of
registry ticket to
waters of this Colony such boat or vessel shall carry on each bow and on the stern the be affixed to
each boat.
number of its register ticket, painted on wood or tin, which number shall be supplied
by the Registrar General ; and if any person, being owner or master of such boat or Penalty on boat
owners.
vessel, shall let to hire or ply, or cause to be let to hire or plied , any such boat or vessel
within the waters of this Colony, without having first applied for and obtained such
certificate of registry, or having obtained such certificate, shall not have affixed the
number thereof on the bows and stern of such boat or vessel as aforesaid , or shall shew
a false certificate of registry, or one granted to another vessel, or shall permit or
connive at the said certificate being made use of for any other vessel, or shall paint or
exhibit a false number on the said boat or vessel, or shall refuse to shew such certificate
of registry to any person when so required , he or they shall in any or either of such
cases for every such offence forfeit and pay a sum not exceeding fifty dollars, and be
liable to confiscation of the boat on non -payment of the fine ; Provided that these
provisions shall in no case apply to vessels visiting the Colony for the purposes of
trade.
210 ORDINANCE No. 7 OF 1846.
Registration and Census.
Squatters on 12. And be it further enacted and ordained, that from and after the passing of
Crown lands.
this Ordinance any person who shall reside or continue to reside on the Crown lands
in this Colony without permission from the Registrar General, or shall erect any
dwelling-house, mat-shed, or other building thereon, shall be liable to a penalty of not
more that fifty dollars and the removal of his house or shed, in accordance with the
provisions of Ordinance No. 14 of 1845 , called " An Ordinance to Repeal Ordinance No. 5
of 1844, entitled , " An Ordinance for the Preservation of Good Order and Cleanliness
within the Colony of Hongkong and its Dependencies, and to make other provisions
in lieu thereof."
Suspicious 13. And be it further enacted and ordained, that it shall and may be lawful for
characters to
find security for any Police Magistrate to cause any person being a Chinese who shall be brought before
their appearance
within twelve him, to find reasonable security for his appearance at any time within twelve months,
months.
whenever he may be required to give evidence in any judicial proceedings, or answer
any charge that may be preferred against him ; and in case such person shall fail to
find such security, and shall not be a permanent resident in the Colony, such Police
Magistrate may order such person to leave the Colony and not return thereto , under
a penalty of not more than fifty dollars or three months' imprisonment with or without
hard labour.
Penalty for 14. And be it further enacted and ordained, that every Chinese who shall not
non-possession of
a registry ticket, possess a registry ticket in conformity with the provisions of this Ordinance, or shall
and for evasion
or infringement wilfully conceal or falsify the particulars of any information required of him for the
of any of the
clauses of this
Ordinance . purposes of this Ordinance, or shall give a false name or description, or shall transfer
or lend his registration ticket to any other person, or shall wear or shew the registration
ticket of another as his own, for the purpose of evading the provisions of this Ordinance,
or shall in any way infringe the provisions of this Ordinance, he shall, where no other
penalty is hereinbefore specially provided, be liable to a penalty not exceeding fifty
dollars for any and every such offence : Provided that nothing herein contained shall
apply to any trader or other person coming to or going from this Colony for any lawful
occasion, should he be able to give a respectable reference if required.
Recovery of 15. And be it further enacted and ordained, that any person who may enter into
forfeitures and
penalties. any security to be taken by the Registrar General or by any Police Magistrate under
this Ordinance which shall become forfeited in its conditions, such person shall by such
forfeiture be considered to have incurred a penalty of not more than the amount of
such security, which penalty shall be recovered with all or any of the other penalties
mentioned in this Ordinance in a summary manner, before any Police Magistrate,
under the provisions of Ordinance No. 10 of 1844 ; Provided always that the penalty
of imprisonment shall not in any case attach to the violation of any of the provisions
hereinafter contained respecting the returns to be made by any householder for the
purpose of any census so required as hereinafter mentioned .
Census. 16. And be it further enacted and ordained, that for the purposes of the census,
the said Registrar General or such other officer so to be appointed as aforesaid shall,
ORDINANCE No. 7 OF 1846 . 211
Registration and Census.
when and so often as he may be directed by the Governor and Executive Council,
cause to be delivered or left at the residence or place of business of any or every
householder or householders, being Europeans, natives of India, or otherwise, a blank
return to be filled up before a certain day to be therein named, with the names and
number of persons in his or their employ, or residing within his or their house or
houses, or in his or their premises, and shall in every such return distinguish and
describe the name, sex, country, and occupation of every person so resident, and also
whether any and which of them be either aliens or resident strangers ; and that on or Returns to be
made by
after the said day named in the said blank return, the said householder or householders householders.
is and are hereby required to transmit the said return or deliver the same on demand
within five days after its being left at such residence or place of business, as aforesaid,
so filled up, to the said Registrar General, or such other officer so to be appointed as
aforesaid, and on failure to do so, the said householder or householders shall be liable
to a penalty not exceeding fifty dollars.
17. And be it further enacted and ordained, that for the purposes of this Interpretation
clause.
Ordinance the term householder shall be taken to mean the person acting as master ofthe
house for the time being, or should he not be found after due enquiry made, the owner
of the house, or the agent or person acting for the owner of the house, being Chinese,
and where a house is tenanted by several individuals as partners or otherwise, then any
one of the said partners or individuals : and the term house shall be understood to
mean any dwelling-house, shop, outhouse, or other building whatsoever; and the term
European shall be taken to mean all persons other than Chinese ; and the term Chinese
shall be taken to mean all natives of China or Chinese natives of Hongkong or
elsewhere ; and every word importing the singular number only shall extend and be
applied to several persons as well as one person ; and every word importing the
masculine gender only shall extend and be applied to a female as well as a male, unless
where such rule of interpretation shall be inconsistent with the context of this
Ordinance.
SCHEDULE A.
Large Fast Boats... 10.00 annually.
Middle Sized do. ... ... ... ... 99 5.00 99
Small "" do. ... 19 3.00 ""
Sampans ... ... 0.50 19
[ Repealed by Ordinance No. 6 of 1857.]
212 ORDINANCE No. 1 OF 1847 .
Markets.
No. 1 of 1847.
Title. An Ordinance for Licensing Markets and for preventing Disorders therein .
[ 30th January, 1847. ]
Preamble. HEREAS it is expedient, with a view to prevent disorders and preserve peace
WH and tranquillity in the markets already established , or hereafter to be estab
lished in the said Colony, that certain provisions should be made for the regulation
thereof:
No market to be 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
established with
out the Gov kong, with the advice of the Legislative Council thereof, that from and after the passing
ernor's permis
sion.
of this present Ordinance, whoever shall erect, build , or establish any market in the
said Colony for the sale of meat, flesh, fish, fowl, corn, grain, vegetables, provisions,
or any other articles of trade which are usually exposed for sale in markets , without
first having obtained the premission of His Excellency the Governor, shall be liable to
the penalty hereinafter provided , and the said market or buildings so erected, built, or
established without such permission, shall be pulled down and removed by the Police
as a public nuisance.
Markets shall be 2. And be it further enacted and ordained, that all markets or buildings in which
licensed.
markets are now held, already erected, built, and established in the said Colony of
Hongkong, shall be licensed, and the owners or proprietors of such markets or build
Licence, how ings are hereby required to take out such licence within fifteen days after the passing
taken out.
of this Ordinance , under the penalty hereinafter mentioned for each and every day that
such markets or buildings in which markets are held as aforesaid shall be opened for
the sale of provisions and other articles as hereinbefore mentioned ; and that every
such licence shall be obtained from and granted by the Colonial Secretary upon such
conditions and under such restrictions, whether pecuniary or otherwise, as His Excel
lency the Governor, with the advice of the Executive Council, shall think proper to
impose.
Markets to be 3. And be it further enacted and ordained , that all markets or buildings in which
under the super
intendence of markets are held shall be under the immediate superintendence of the Chief Magistrate
the Chief Magis
trate of Police,
&c. of Police, who is hereby required to take all requisite measures to prevent disorders
and to preserve peace and tranquillity therein.
Markets to be 4. And be it further enacted and ordained , that every market or building for the
built ofstone, &c.,
after an approved holding of markets, hereafter to be built, erected, or established , shall be erected, built,
plan.
and established of stone or brick, according to a plan to be approved of by the Sur
veyor General.
Markets built of 5. And be it further enacted and ordained, that whenever the markets or buildings
wood and requir
ing repairs to be wherein markets are now held, already erected , built, or established , shall become di
re-built ofstone,
&c.
lapidated, in want of extensive repairs, or shall require to be re-built, such markets or
buildings shall be re-built of stone or brick according to a plan to be approved of by
ORDINANCES Nos . 1 AND 2 OF 1847 . 213
Markets. Church.
the Surveyor General : Provided always that if the repairs required to be done shall Provided the
repairs required
not exceed the sum of one hundred dollars on any one house or building, then and in shall not exceed
$100.
that case the Surveyor General, upon being furnished with proper estimates of the costs
of such repairs, and having verified the same, may grant permission for the repairs to
be carried into effect.
6. Whereas certain person or persons have encroached upon Crown lands and the Buildings ofwood
and mat on sea
sea-shores, and have erected thereon divers buildings of wood , matting, and other in shores to be re
moved by Police.
flammable materials, to the great danger and peril of the town of Victoria and the
inhabitants thereof; and whereas also the said buildings so erected as aforesaid are
inhabited by persons of ill-fame and reputation, and afford shelter to rogues and vaga
bonds : It is hereby enacted and ordained, that it shall be lawful for any Magistrate
of Police to order such buildings to be pulled down and removed by warrant to be
issued on the information of the Surveyor General.
7. And be it further enacted and ordained, that any person or persons who shall Penalty against
offenders.
offend against the provisions and enactments hereinbefore contained, shall for every
offence forfeit a sum not exceeding two hundred dollars, to be recovered in the same
manner as penalties are made recoverable by Ordinance No. 10 of 1844 : Provided Penalty, how re
covered, &c.
always, that in case any such conviction shall take place and be had on the evidence of
any common or public informer , he or she shall be entitled to one moiety of the said
fine or forfeiture.
8. And be it further enacted and ordained , that all proceedings under the present Provisions under
this Ordinance
Ordinance shall not be subject to appeal, nor shall be removed nor removable by not liable to ap
peal.
certiorari or otherwise into any Court whatever.
[ Repealed by Ordinances No. 4 of 1847 and No. 2 of 1854. ]
No. 2 of 1847.
An Ordinance to provide for a Church in Victoria in the Island Title.
of Hongkong.
[ 11th March, 1847. ]
HEREAS several persons have subscribed certain sums of money Preamble.
[See Ord.
WHE
for the purpose of erecting a church at Victoria in the Island of No. 3of1850. ]
Hongkong for the celebration of divine worship according to the rites of
the United Church of England and Ireland , and by some minister thereof
duly appointed by the Government : And whereas His Excellency the
Governor of Hongkong, with the advice and consent of the Legislative
214 ORDINANCE No. 2 OF 1847 .
Church.
Council thereof, has consented to grant from the public chest a sum equal
to double of the amount of subscriptions contributed , provided that such
grant shall not exceed the sum of four thousand six hundred pounds
sterling : And whereas it is expedient to provide for the immediate
appointment and continual succession of trustees for the direction of the
building of the said church , according to such plan and specification as
shall have been sanctioned by His Excellency the Governor, and confirmed
by Her Majesty's Government :
Governor em 1. It is therefore hereby enacted , by His Excellency the Governor
powered to
give four of Hongkong, with the advice and consent of the Legislative Council,
thousand six
hundred that it shall be lawful for the Governor, by warrant under his hand, to
pounds
towards authorize the issue from the Treasury of this Colony of any sum or sums ,
building a
church. not exceeding in all four thousand six hundred pounds sterling, to be
applied under the direction of trustees, to be appointed as hereinafter
Proviso. provided, to the building of a church in Victoria ; provided that no such
issue shall be made until one -third of the whole estimated cost thereof
shall have been raised by subscription and lodged in the General Treasury.
Two trustees 2. And it is further enacted, that before any sum or sums of money
to be elected
by subscribers shall be issued as aforesaid , the parties subscribing shall by plurality of
and four
nominated by votes elect from among themselves two persons to act as trustees , and such
the Governor.
election shall take place at a meeting of the subscribers , of the time and
place of holding which meeting ten days ' notice shall have been previously
published in the public papers of this Colony. And upon intimation
being given to the Governor of the election of such two persons as afore
said, the said Governor shall thereupon nominate , in the proportion of the
Government share of the expense of the building, four other persons to
act as trustees . And the real estate in the said church and in all lands
and hereditaments thereunto belonging shall be thereupon conveyed to
the said trustees so elected and nominated, and their successors to be
elected and nominated as hereinafter provided , for ever, in trust for the
purposes of the said church.
Papers, books, 3. And it is further enacted , that upon the election and nomination
&c. , to be
delivered to of trustees as aforesaid , all deeds , books , plans , papers , and vouchers
trustees.
relating to the said church , and all and any sums of money, donations ,
or subscriptions, given or subscribed for the purpose aforesaid , shall be
delivered over to the said trustees.
ORDINANCE No. 2 OF 1847. 215
Church.
4. And it is further enacted , that the said Trustees so elected and Trustees to be
elected
nominated as aforesaid shall continue to be and to act as trustees until annually.
the last Thursday in the month of April , one thousand eight hundred and
and forty-eight. And upon such day such trustees shall cease to have
any power or authority so to act. And two persons shall be elected at a
general meeting to be held on that day, and four other persons shall be
nominated by the Governor as soon as convenient thereafter to be trustees
of the said church for the year immediately ensuing . And a fresh election
and nomination of trustees shall in like manner take place upon every
last Thursday in the month of April in every year thereafter, and copies
of the minutes of every election or nomination of a trustee which shall
take place under the provisions of any clause in this Ordinance shall be
transmitted without delay to the Colonial Secretary . Provided always Proviso.
that no person shall be elected a trustee at any general meeting before
the completion of the said church who shall not have paid up a subscrip
tion thereto of at least twenty pounds sterling, or after its completion ,
who shall not be a renter of at least three sittings therein, nor any person
who shall not be a member of the United Church of England and Ireland .
[ Amended by Ordinance No. 3 of 1850. ]
5. And it is further enacted , that the Colonial Chaplain for the time Colonial
Chaplain to be
being duly appointed to the said church, or during his absence the cler ex officio
chairman of
gyman duly appointed to officiate for him, shall at all times be ex officio
chairman of the trustees, but shall not have the power of voting by
reason of being such chairman except in cases where the votes of the
trustees present shall be equal. [Amended by Ordinance No. 3 of 1850. ]
6. And it is further enacted , that whenever any trustee shall die, or Vacancy occa
sioned by
shall resign , or shall leave the Colony, then in case such trustee shall death,
have been originally elected at a general meeting, his vacancy shall be resignation,
or removal of
trustees, how
filled by some other person duly qualified in like manner as such trustee, to be filled.
to be elected at a general meeting to be called for that purpose as soon as
may be convenient by the continuing trustees or the major part of them.
And in case such trustee shall have been originally nominated by the
Governor, his vacancy shall be filled as soon as may be convenient by
some other person duly qualified, to be nominated in like manner.
Provided always that if such general meeting shall not be called within Proviso.
one month after the death , resignation , or departure of such trustee from
the Colony, it shall be lawful for the Governor to nominate some person
duly qualified as aforesaid to be a trustee .
216 ORDINANCE No. 2 OF 1847.
Church.
Sittings in 7. And it is further enacted, that the trustees for the time being
church how
to be appro duly nominated and elected as aforesaid , or the major part of thein, are
priated .
hereby authorized and required to set apart, as soon as conveniently may
be after the completion of the said church, one-third part of the whole
number ofsittings therein, to be appropriated , free of any charge whatever,
to the use and accommodation of the poorer classes of the population ; and
also one pew containing not more than four sittings for the use and occupa
tion, free from all charges, ofthe clergyman licensed to officiate on the said
church ; and the remaining sittings, after due provision shall have been
made for the free accommodation of the Governor and his family and suite
in the chancel or elsewhere, and of the military, shall be assigned to the
trustees for the time being and their successors for the purposes hereinafter
mentioned . [Amended by Ordinance No. 3 of 1850. ]
Trustees to fix
the rent of 8. And it is further enacted, that it shall and may be lawful for the
sittings trustees for the time being or the major part of them, and they are hereby
annually.
required , as soon as such partition of the church shall have taken place
as in the preceding clause mentioned, to assess and fix a rent or rate for
each pew or sitting, with the exception of such pews or sittings as shall
have been set apart and reserved as aforesaid, and to make agreements
and contracts with any person desirous to engage the same according to
such assessment . And such rate or rent shall be in force for one year
from the time of the assessment thereof. And at the expiration of such
year the trustees for the time being shall assess and fix a fresh rate or
rent for the year immediately following . And a fresh assessment shall
in like manner be made annually and every year. And the trustees for
the time being shall be at all times empowered to make agreements and
Proviso. contracts in respect of any pew or sitting which shall be vacant. Provided
always that if it shall at any time appear to the trustees or the major part
of them that such annual assessment will be insufficient to defray the
several charges and costs necessary for effecting and providing all things
required by this Ordinance , it shall and may be lawful for such trustees ,
or the major part of them, by eight days previous notice in writing,
affixed in some conspicuous place in the said church, to call a general
meeting , for the purpose of taking into consideration the expediency of
amending and increasing such assessment ; and if it shall appear to the
majority of such meeting , not being fewer in number than twenty, that
such assessment will not be sufficient to provide for all such necessary
costs and charges, it shall and may be lawful for the said majority to
ORDINANCE No. 2 OF 1847 . 217
Church.
substitute such higher assessment, as by them shall be deemed sufficient,
to meet such costs and charges, and such higher rate shall thereupon
become due and payable and shall continue to be charged and collected
for the same period that the rate for which it is so substituted would
otherwise have been in force.
9. And it is further enacted , that every subscriber towards the Subscribers
of ten pounds
building of the said church to the amount of not less than ten pounds to have
priority of
sterling shall have a right in the first instance to become a renter of a choice of
sittings.
pew or sitting in preference to any other person who shall not have so
subscribed ; and such subscribers shall amongst themselves have priority in
the choice of pews or sittings not exceeding six sittings , according to the
amount of their subscriptions-the subscriber to the larger amount to
have the prior choice , and the choice of subscribers to an equal amount
to be determined by lot.
10. And be it further enacted , that any person having engaged any Party having
engaged a
pew or sitting , and continuing to pay rent for the same according to the sitting not to
be disturbed.
rate fixed , and also conducting himself or herself in the said church so as
not wilfully or maliciously to disturb the performance of public worship ,
or to molest any part of the congregation attending the same, shall not
be, under any pretence whatever, removed or ejected without his or her
own consent, from the occupation of such pew or sittings at all times
when the said church shall be open for the performance of public worship ,
the ministration of any sacrament, or other rite or ceremony , according to
the use of the United Church of England and Ireland . Provided never Proviso.
theless , that ifany person having engaged any pew or sittings in the said
church under agreement to pay for the same according to the rate or rent
assessed thereupon, shall suffer such rent to fall into arrear, and to continue
unpaid for three months after the same shall have been demanded by the
trustees or by any person empowered by them, or the major part of them ;
or if any person having engaged as aforesaid any pew or sitting shall
refuse to pay for the same such increased rate of rent as the trustees,
according to the provisions hereinbefore described , shall have assessed
and affixed ; or if any person engaging and occupying any such pew or
sittings , and continuing to pay the rent assessed upon the same, shall, by
any unsuitable noise, gesture, or deportment, wilfully and irreverently
interrupt the celebration of public worship , or shall designedly and Person
disturbing
habitually disturb any part of the congregation within the said church, -- the congrega
218 ORDINANCE No. 2 OF 1847.
Church.
tion to be in all such cases it shall and may be lawful for the trustees to issue a
deprived of
his pew monition to every such defaulter or offender, and in case such defaulter
or sittings.
or offender shall not forthwith pay all such arrears or shall not amend and
desist from the practice so complained of, it shall be lawful for the said
trustees to convene a general meeting to whom it shall be competent to
authorize the said trustees to declare such pew or sittings occupied by the
party complained of to be vacant.
Trustees 11. And it is further enacted, that it shall and may be lawful for the
authorized to
permit the major part of the trustees , with the previous consent of the Governor and
erection of
monuments with his approval of any proposed epitaph or inscription , to permit any
with the
previous monuments to be erected or placed in such parts of the said church as
consent of the
Governor. they may deem convenient, upon payment to the said trustees for the use
of the said church for such permission by the person or persons desiring
to erect or place any monument in the said church, of such charges as
are contained and set forth in the schedule hereunto annexed ; and it
shall be lawful for any person or persons erecting or placing any monu
ment in the said church, by and with such permission as aforesaid, to
have and maintain and keep up such monument according to the terms
of such permission, to and for the sole and separate use of the said person
or persons, and his or their heirs for ever.
Bodies not to
be buried 12. Provided always and it is further enacted , that it shall not be
within or near
the church. lawful to bury any body within the said church or within the enclosed
ground about the same.
Trustees to 13. And it is further enacted , that it shall be lawful for the trustees
collect all
dues to the for the time being , or the major part of them, and they are hereby required
church and to
appropriate to collect and gather, or cause to be collected or gathered , all sums of
them in
payment of money which shall be due for pews or sittings in the said church , and all
salaries,
repairs, &c. subscriptions and donations thereunto, and all rents and revenues that
may at any time arise out of any land or hereditaments belonging to the
said church, and all fees or payments for monuments or vaults , and to
apply for the said sums and to sue for the recovery of the same from all
persons who shall fail or refuse to pay the same. And the said trustees
shall, out of the said sums so received or recovered , regularly pay the
salaries allotted to all lay persons holding any office in or about the said
church, according to such rates and at such periods as shall be determined
upon by the majority of the said trustees, and shall apply the surplus
in such repairs and such improvements of the said church and premises as
shall to them appear most expedient .
ORDINANCE No. 2 OF 1847 . 219
Church.
14. And it is further enacted , that it shall be lawful for the trustees Actions to be
brought by
for the time being, or the major part of them, to make, or enter into , and against
trustees.
perform, and execute, and compel the performance and execution of all
such contracts and agreements , matters and things, and to commence
and maintain all such suits and actions as they shall deem necessary to
the performance of the trust reposed in them . And all such contracts
and agreements shall and may be entered into and enforced, and all such
suits and actions be brought by them, in the name of " the Trustees of the
Church at Victoria, " or " the Trustees of St. John's Church at Victoria, "
as the case may require, without specifying the christian or surnames
of the trustees , and no action shall abate by reason of the death or
removal or going out of office of any trustee. And all suits or actions ,
the cause of which shall arise or accrue to any person whatsoever, from
or by reason of any contract or agreement , or any other matter or
thing, made or entered into, done or performed by the said trustees in
the execution of the said trust , shall be brought by such person against
the said trustees, under the name and title aforesaid . [ Amended by
Ordinance No 3 of 1850. ]
15. And it is further enacted , that one person not being a trustee Auditors to be
elected
shall be elected at a general meeting to be called by the trustees imme annually.
diately after the completion of the building of the said church , to be an
auditor of the accounts rendered by the trustees of the said building ;
and one other person not being a trustee shall be nominated by the Gov
ernor to be an auditor for the same purpose. And one person shall
thereafter be elected at a general meeting on the last Thursday in every
month of April to be an auditor of the yearly accounts of the said trustees ,
and one other person not being a trustee shall be thereupon nominated by
the Governor to be an auditor for the same purpose and during the same
period.
16. And it is further enacted , that the trustees shall keep an account , Trustees to
keep annual
wherein they shall enter all money received and paid by them, under and accounts , and
to submit
by virtue of the provisions of this Ordinance, which account auditors , them with
auditor's
or either of them, may inspect at all reasonable times ; and the said report at a
account, together with any report of the auditors or either of them there general
meeting every
year.
on, shall be laid before the general annual meetings , to be held on the
last Thursday in every month of April ; and the said accounts shall be
thereupon published in the official gazette .
220 ORDINANCE No. 2 OF 1847.
Church.
Trustees to 17. And it is further enacted , that it shall be lawful for the trustees
call a general
meeting upon for the time being or the major part of them, and they are hereby
receiving a
requisition required to call a general meeting of the subscribers or renters of sittings ,
signed by
twenty as the case may be, within twelve days after receiving any requisition in
subscribers or
renters of writing to that effect signed by not less than twenty of such subscribers
sittings.
or renters . And ten days notice of the time and place of holding such
general meeting shall be affixed in some conspicuous part of the said
church when completed, or until its completion in some conspicuous
place or places within the town of Victoria.
Who to vote 18. And it is further enacted , that the right of voting at every
at general
meetings. general meeting until the said church shall have been reported by the
proper authority to be completed and fit for use, shall be vested in
subscribers who have paid up their subscriptions previous to the date
of the notice to convene such general meeting, and that, from and after
such time as the said church shall have been so reported to be completed
and fit for use, the right of voting shall be vested in renters of sittings
Proviso. in the said church who shall have duly paid up their rent. Provided
always that no such subscriber or renter of sittings shall on any occasion
be allowed to give more than one vote.
No person to 19. And it is further enacted , that no person shall be suffered to sing
read prayers
or preach or say the common or open prayer, or to administer the sacraments , or to
except Col
onial Chap preach any sermon in the said church, except the Colonial Chaplain duly
lain or person
officiating for appointed to the said church, or some clergyman duly authorized , to
him .
officiate for him . [ Amended by Ordinance No. 3 of 1850. ]
Penalty on 20. And it is further enacted , that every person who shall wilfully
disturbing
congregation. and maliciously , either within or from without the said church, disturb
the performance of public worship therein , or in any way during such
time molest any of the congregation , shall be guilty of a misdemeanour,
[* See Ord.
No. 6 of1862.] and be liable on conviction before the* Chief Magistrate of Police or any
Magistrate of Police, to a fine not exceeding one hundred dollars , and in
default of payment to imprisonment with or without hard labour for any
period not exceeding three months .
SCHEDULE.
Erecting a tablet or cenotaph in the church not less than one hundred dollars nor
more than one thousand dollars.
ORDINANCE No. 3 OF 1847 . 221
Piracy.
No. 3 of 1847.
An Ordinance for the Prevention of Piracy. Title.
[ 25th March, 1847. ]
HEREAS it has become necessary to adopt further steps for the prevention of Preamble.
WHEpiracies ; and whereas His Excellency the Chinese Imperial Commissioner has
disavowed the right of private vessels belonging to the people of his nation to carry
fire-arms, and at the same time assented to any necessary measures on the part of the
Government of Hongkong for putting down piracy :
1. Be it therefore enacted and ordained, that from and after the passing of this Authority to
search Chinese
Ordinance, the captain or officers of every British ship of war or other vessel duly vessels or junks.
authorized by the Government of this Colony, or every Magistrate or officer of Police,
Harbour Master, or officer of the Harbour Master's Department, are hereby authorized
to board and enter every Chinese vessel or junk reasonably suspected of being a pirat
ical vessel, and search the same.
2. And be it further enacted and ordained, that the possession by any Chinese Chinese vessels
having on board
vessel whatever (not being a Government vessel) of the offensive weapons called fire fire-pots or stink
pots, to be deem
pots or stink- pots, shall be held and deemed to be proof of a piratical vessel. ed piratical
vessels.
3. And be it further enacted and ordained, that the possession by any Chinese Chinese vessels
carrying offen
vessel whatever (not being a Government vessel) of any offensive arms or weapons, sive arms or
weapons liable
to forfeiture.
shall be held and deemed to be proof of a piratical vessel, and such vessel with its
contents shall be forfeited ; unless it shall appear that such Chinese vessel was duly Proviso.
licensed to carry such arms or weapons as hereinafter mentioned.
4. And be it further enacted and ordained, that all trading junks, lorchas, large Trading junks,
lorchas, large
fast-boats and other vessels belonging to Hongkong, being duly registered and licensed fast-boats, &c.,
duly registered,
to carry a flag.
by the Registrar General, under and by virtue of the provisions of Ordinance No. 7 of
1846, intituled " An Ordinance to repeal Ordinance No. 18 of 1844, and to establish a more
effectual Registry of the Chinese Inhabitants, and a Census of the Population of the
Island of Hongkong," shall and may carry the same flag as other British merchant vessels,
with the numbers of their register inscribed in large white figures in the centre of
the said flag, so as to be distinguishable at a distance ; and the Registrar General is Registrar Gene
ral authorized
hereby authorized to grant such flag as aforesaid ; and every trading junk, lorcha, to grant such
flag.
large fast-boat, or other vessel belonging as aforesaid, which shall use the said flag
without being duly registered and licensed as aforesaid, shall be forfeited, and the owner Trading junks,
lorchas, large
or master of such trading junk, lorcha, or large fast-boat, or other vessel , shall in fast-boats, &c.,
not duly regis
addition pay a fine not exceeding fifty dollars. tered, carrying
the flag, to be
forfeited.
5. And be it further enacted and ordained, that all trading junks, lorchas, large Penalty on the
master for using
fast-boats, and other vessels belonging to Hongkong not duly registered and licensed the flag without
licence.
to carry arms, and all trading junks, lorchas, large fast- boats, and other vessels duly Trading junks,
lorchas, large
registered and licensed as before mentioned , having on board other arms or a larger fast-boats, &c
having other
arms on board
quantity of arms than are specified in their register, shall be held and deemed to be than those spe
222 ORDINANCES Nos. 3 AND 4 OF 1847 .
Piracy. Markets.
cified in their the property of pirates, and as such liable to forfeiture by process in the Court of Vice
registers, to be
deemed the pro
perty ofpirates, Admiralty ; and the master or owner of every trading junk, lorcha, large fast-boat,
and liable to
forfeiture. or other vessel already registered and licensed as aforesaid (or hereafter to be registered
and licensed) , is hereby required to cause the number, quality, and description of the
arms on board of such trading junk, lorcha, large fast-boat, or other vessel, to be
Masters or inserted in or endorsed on the register of the said vessel ; and every such master or
owners of vessels
to have the owner is hereby required to produce such register to the Registrar General (who shall
number, quality,
&c., ofarms on make such insertion or endorsement as aforesaid) under a penalty not exceeding fifty
board, inserted
in their registers. dollars.
Penalty.
Masters or com 6. And be it further enacted and ordained , that the master or commander of all
manders of
junks, lorchas, trading junks, lorchas , large fast- boats , and other vessels duly registered and licensed
&c., to show
their flag .
as before mentioned, and trading or plying between Hongkong and any part of the do
minions of the Emperor of China, shall, whenever they shall come in sight of any
European ship or other vessel, hoist their flag in some conspicuous part of their said
Penalty . vessel, under a penalty not exceeding fifty dollars ; and the master and officers of every
British or other vessel who shall meet or fall in with any trading junk, lorcha, large
fast-boat, or other vessel bearing or carrying the flag aforesaid, is or are hereby re
quired to note the number of the said flag in their log-book, and also the time and
place when and where such meeting shall occur, and to report the same to the Harbour
Master or Consul at the port of their
• destination.
Penalty how to 7. And be it further enacted and ordained, that the penalties mentioned in the
be recovered.
three preceding sections of this Ordinance shall be recoverable in the same manner as
penalties are made recoverable by Ordinance No. 10 of 1844, entitled " An Ordinance to
regulate summary Proceedings before Justices of the Peace, and to protect Justices in
the Execution of their Duty."
[ Disallowance Proclaimed 1st January, 1848. ]
No. 4 of 1847.
Title. An Ordinance to Repeal and Amend Ordinance No. 1 of 1847 , entitled ,
" An Ordinance for Licensing Markets and for preventing Disorders
therein."
[ 12th August, 1847. ]
Preamble. HEREAS it is expedient to repeal and amend Ordinance No. 1 of 1847, for
W licensing markets and for preventing disorders therein, the said Ordinance is
hereby declared to be repealed accordingly ; and whereas it is further expedient, with a
view to prevent disorders and preserve peace and tranquillity in the markets already
established, or hereafter to be established in the said Colony, that certain provisions
should be made for the regulation thereof:
No market to be 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
established
without the
Governor's per kong, with the advice of the Legislative Council thereof, that from and after the passing
mission.
of this present Ordinance, whoever shall erect , build, or establish any market in the
ORDINANCE No. 4 OF 1847. 223
Markets.
said Colony for the sale of meat, flesh, fish , fowl, corn, grain, vegetables, provisions, or
any other articles of trade which are usually exposed for sale in markets, without first
having obtained the permission and licence of His Excellency the Governor, shall be
liable to the penalty hereinafter provided, and the said market or buildings so erected ,
built, or established without such permission, shall be pulled down and removed by the
Police as a public nuisance.
2. And be it further enacted and ordained, that all markets or buildings in which Market shall be
licensed.
markets are now held, already erected , built, and established in the said Colony of
Hongkong, shall be licensed, and the owners or proprietors of such markets or buildings
are hereby required to take out such licence within fifteen days after the passing of this Licence, how
taken out.
Ordinance, under the penalty hereinafter mentioned for each and every day that such
markets or buildings in which markets are held as aforesaid shall be opened for the
sale of provisions and other articles as hereinbefore mentioned ; and that the rent
payable monthly to Government for such markets shall be any sum not exceeding four
hundred dollars, according to the size and position of such markets or buildings.
3. And be it further enacted and ordained , that all markets or buildings in which Markets to be
under the
markets are held shall be under the immediate superintendence of the Chief Magistrate superintendence
of the Chief
of Police, who is hereby required to take all requisite measures to prevent disorders and Magistrate of
Police, &c.
to preserve peace and tranquillity therein.
4. And be it further enacted and ordained , that every market or building for the Markets to be
built of stone,
holding of markets , hereafter to be built, erected , or established, shall be erected, built, & c., after an
approved plan.
and established of stone or brick, according to a plan to be approved of by the Surveyor
General.
5. And be it further enacted and ordained , that whenever the markets or buildings Markets built of
wood and
wherein markets are now held, already erected , built, or established , shall become requiring repairs
to be re-built of
stone, &c.
dilapidated, in want of extensive repairs, or shall require to be re-built, such markets or
buildings shall be re- built of stone or brick according to a plan to be approved of by the
Surveyor General : Provided always that if the repairs required to be done shall not Provided the
repairs required
shall not exceed
exceed the sum of one hundred dollars on any one house or building, then and in that $100.
case the Surveyor General, upon being furnished with proper estimates of the costs of
such repairs, and having verified the same, may grant permission for the repairs to be
carried into effect.
6. Whereas certain person or persons have encroached upon Crown lands and the Buildings ofwood
and mat on
sea-shores, and have erected thereon divers buildings of wood, matting, and other sea-shores to be
removed by
inflammable materials, to the great danger and peril of the town of Victoria and the Police.
inhabitants thereof ; and whereas also the said buildings so erected as aforesaid , are
inhabited by persons of ill-fame and reputation, and afford shelter to rogues and vaga
bonds : It is hereby enacted and ordained, that it shall be lawful for any Magistrate of
Police to order such buildings to be pulled down and removed by warrant to be issued
on the information of the Surveyor General.
7. And be it further enacted and ordained , that any person or persons who shall Penalty against
offenders.
offend against the provisions and enactments hereinbefore contained shall, for every
224 ORDINANCES Nos . 4 AND 5 OF 1847 .
Markets. Coroner's Juries.
Penalty, how offence forfeit a sum not exceeding two hundred dollars, to be recovered in the same
recovered, &c.
manner as penalties are made recoverable by Ordinance No. 10 of 1844 : Provided
always, that in case any such conviction shall take place and be had on the evidence of
any common or public informer, he or she shall be entitled to one moiety of the said
fine or forfeiture.
Provisions under 8. And be it further enacted and ordained , that all proceedings under the present
this Ordinance
not liable to Ordinance shall not be subject to appeal, nor shall be removed nor removable by
appeal.
certiorari or otherwise into any Court whatever.
[ Repealed by Ordinance No. 2 of 1854. ]
No. 5 of 1847.
Title. An Ordinance for regulating Juries at Coroner's Inquests .
[ 26th August, 1847. ]
Preamble. HEREAS owing to the rapid decomposition of dead bodies in this climate, and
WE the delay which must inevitably take place before a jury of six persons can be
assembled, according to the provisions of Ordinance No. 7 of 1845, to form a Coroner's
jury, great inconvenience has arisen to the public :
Coroner's jury to 1. Be it therefore enacted and ordained by His Excellency the Governor of
consist of three
persons. Hongkong with the advice of the Legislative Council thereof, that on all inquests
hereafter to be held by the Coroner of Hongkong no greater number than three jurors
shall be necessary, and that every finding of a jury consisting of not less than three
jurors, shall be, to all intents and purposes, as good, valid, and effectual in law, as if
such finding had been the finding of six jurors.
Any person duly 2. And be it further enacted and ordained, that when any person shall have been
summoned as a
juror, not attend duly summoned to attend as a juror by the said Coroner of Hongkong, and shall fail or
ing, liable to a pe
nalty not exceed
ing fifty dollars. neglect to attend at the time and place specified in such summons, it shall be lawful
for the said Coroner to cause such person to be openly called in his Court three times,
to appear and serve as a juror, and upon the non-appearance of such person, and proof
that such summons has been served upon him, or left at his usual place of abode, to
impose such fine upon the person so making default, not exceeding fifty dollars, as to
Coroner to make such Coroner shall seem fit ; and such Coroner shall make out and sign a certificate,
out certificate of
name, surname, containing the name and surname, the residence and trade or calling of every person
&c., of the de
faulter, to be so making default, together with the amount of the fine which shall have been imposed,
transmitted to a
Magistrate of
Police. and the cause of such fine, and shall transmit such certificate to one of the Magistrates
Copy of certifi of Police of Hongkong, who shall cause a copy of such certificate to be served upon the
cate to be served
upon the person person so fined, by having it left at his usual place of residence, or by sending the
fined.
same through the Post Office, addressed as aforesaid , and thereupon such Magistrate
How penalty is of Police shall cause such fine to be levied according to the provisions of Ordinance
to be levied.
No. 10 of 1844, in the same manner as if the said fine had been imposed by himself.
[ Repealed by Ordinance No. 11 of 1864. ]
ORDINANCE No. 6 OF 1847. 225
Magistrates- Summary Jurisdiction.
No. 6 of 1847.
An Ordinance for extending the Summary Jurisdiction of Police Magis Title.
trates and Justices of the Peace within the Colony of Hongkong.
[ 9th September, 1847. ]
THEREAS it is desirable to extend the jurisdiction of the Magistrates of the Preamble.
W Colony of Hongkong, with a view to diminish the number of prisoners from
time to time in jail, and to lessen the expense attending the detention of Crown
witnesses :
1. Be it therefore enacted and ordained by His Excellency the Governor with the Certain criminal
cases to be tried
advice of the Legislative Council of Hongkong, that from and after the passing of this and determined
by one or more
Ordinance, whenever, on the investigation of any criminal charge, it shall appear to Magistrates.
any Magistrate or Justice of the Peace that the ends of justice would be answered by
the infliction of a fine not to exceed in any case the sum of fifty pounds, and imprison Punishments.
ment not to exceed three calendar months, with or without hard labour, or solitary
confinement not exceeding one month at a time, or in the case of Chinese by one, two,
or three public or private whippings, in addition to or in lieu of the punishments
aforesaid, or those authorized by Ordinance No. 10 of 1844, intituled, " An Ordinance
to regulate Summary Proceedings before Justices of the Peace, and to protect Justices
in the execution of their office ;" it shall and may be lawful for the said Magistrate, if
he should think fit, to call to his assistance one or more other Magistrates or Justices
of the Peace of the said Colony, and shall by himself or in conjunction with the said
other Magistrate or Justice of the Peace try and determine the case in a summary
manner, provided it be one over which the Magistrates sitting in a Court of General or
Quarter Sessions in England have now jurisdiction.
2. And be it further enacted and ordained, that if any pecuniary fine or penalty In default of pay
ment fines,
imposed by this or by any other ordinance now in force in the Colony of Hongkong parties convicted
to be imprisoned
for three months,
and its dependencies, shall not be paid on conviction , the said Magistrate or Magistrates, or until payment ,
if sooner made,
Justice or Justices, shall commit the person convicted to the jail or public prison, there &c.
to be kept at hard labour for any time not to exceed three months, as the said
Magistrates or Justices shall think fit to direct, unless such pecuniary fine or penalty
shall be sooner paid ; or the said Magistrate or Magistrates, or Justice or Justices,
may send the person convicted to the jail or public prison, there to remain for three
days, exclusive of the day of commitment, with an order that within the said time the
person so convicted shall be once or twice publicly whipped at the market or other
public place.
3. And be it further enacted and ordained, that every person making use of any Persons using
insulting expres
insulting or indecent expression in Chinese or in any other language before the said sions before the
Magistrate, to be
Magistrates or Justices shall be liable to a fine not exceeding ten pounds, and in default fined, &c.
of payment shall be punished under the second section of this Ordinance.
226 ORDINANCE No. 6 OF 1847.
Magistrates- Summary Jurisdiction.
Magistrate to de 4. And be it further enacted and ordained, that such Magistrate or Magistrates,
cide in cases of
larceny when the Justice or Justices , shall have power, authority, and jurisdiction , to decide in all cases
property stolen
shall not exceed
£10 in value. of larceny where the property stolen shall not exceed ten pounds in value, provided
that in any case no greater punishment shall be awarded than is sanctioned by this
Ordinance.
Corporal punish 5. And be it further enacted and ordained, that in all cases where it shall be
ment not to ex
ceed sixty stripes, necessary to inflict corporal punishment on offenders under this Ordinance, such
and to be inflict
ed with a cane.
punishment shall not at any one time exceed sixty stripes, to be inflicted with a cane
or rattan.
Persons not 6. And be it further enacted and ordained, that persons having no ostensible.
being able to
give a satisfacto
ry account of means of livelihood, and being of evil fame or reputed thieves, and found wandering
themselves
liable to the about the streets and roads, and not able to give satisfactory account of themselves,
punishment
prescribed by and it appearing upon oath, that there is just ground to believe that they were there
this Ordinance ;
and if unre
gistered, to be with intent to commit felony, may be punished by such Magistrates or Justices or any
sent out of the
Island. of them in the manner prescribed by this Ordinance ; and if such persons being Chinese
be not registered under Ordinance No. 7 of 1846, it shall be lawful for such Magistrate
or Magistrates, or Justice or Justices, in addition to any other punishment, to direct
such persons to be sent out of the Island of Hongkong without delay.
Appeal to 7. And be it further enacted and ordained, that in all cases where any person so
Supreme Court
allowed. on trial shall be convicted , it shall be lawful for him at the time of his conviction, to
signify to the said Magistrates his intention of appealing against such conviction to
the criminal sessions of the Supreme Court, then next ensuing, and in such case, the
presiding Magistrate shall certify in writing such fact, and deliver to the sheriff or his
deputy, such certificate with a certified copy of the information, depositions, the nature
of the sentence, and all documentary evidence or records whatsoever connected with
the trial, whereupon the sheriff or his deputy shall lodge the said writings and
documents with the Registrar of the Supreme Court, and have the body of the offender
at the said ensuing sessions, in order that the said appeal may be tried and determined
thereat.
Writings and 8. And be it further enacted and ordained , that in case the detention in the said
depositions to be
given as Colony until the trial of such appeal of all or any of the witnesses who appeared at the
evidence in
appeal. Court below should be attended with expense to the Crown or prosecutor, it shall be
lawful for the Crown or any public prosecutor to produce at the trial at the said ensuing
sessions all such writings and depositions as were taken or used at the trial before the
Magistrates, and the same, subject to all just exceptions, shall be deemed legal evidence
of the facts therein contained, or deposed to, without producing the witnesses or
deponents in person, should such witnesses or deponents be then absent from the
Colony.
Depositions and 9. And be it further enacted and ordained , that on the trial of the said appeal,
certificate of
sentence of the depositions and the said certificate containing the sentence of the said Magistrate
ORDINANCES No. 6 OF 1847 AND No. 1 OF 1848 . 227
Magistrates- Summary Jurisdiction. Gunpowder.
or Magistrates, shall stand and be used in the place of an indictment or information, Magistrates,
shall be used in
and that the said Registrar shall, as soon as practicable after demand made by any lieu of
indictment or
information in
person so convicted as aforesaid, deliver to him a copy of such depositions and cases of appeal.
Defendant
certificate upon his paying for the same a fee of sixpence for every folio of ninety entitled to
copies of
words, which said depositions and certificate shall be evidence as well for the defendant depositions, &c.
as for the prosecutor .
10. And be it further enacted and ordained , that ' in all criminal cases where by Parties
committed for
the laws of England or the local ordinances, persons committed for trial shall be trial entitled to
copies of
entitled to copies of the depositions taken by a Magistrate previous to their commitment, depositions, on
payment of
sixpence per
it shall be lawful for such Magistrate to permit such copies to be made on the payment folio of ninety
words.
of a fee of sixpence per folio of ninety words.
11. And be it further enacted and ordained, that it shall and may be lawful for Magistrate
empowered to
decide in cases
the said Magistrates or Justices, or any or either of them, to decide in a summary ofwages, & c.,
between masters
manner all cases of dispute or wages between masters and servants, as if such cases had and servants.
been brought before the Supreme Court within its summary jurisdiction.
12. And be it further enacted and ordained, that in the construction of this Rules for
construction of
Ordinance unless there be something repugnant thereto, any word denoting the Ordinance .
singular number and male sex shall be taken to extend to any number of persons or
things, and to both sexes.
[ Repealed by Ordinance No. 1 of 1849.]
No. 1 of 1848.
An Ordinance to regulate the Manufacture and Storage of a Title.
certain Description of Gunpowder within the Colony of
Hongkong .
[ 31st August , 1848.]
HEREAS it has hitherto been a subject of public complaint that Preamble.
[See Ord. No.
R
WHEgunpowder has from time to time been manufactured and stored 12 of 1872.]
within the said Colony in a manner endangering the persons and pro
perty of the inhabitants thereof ; and whereas it is deemed necessary to
make provision against such practice : —
1. Be it therefore enacted and ordained , that no person shall ma Gunpowder
not to be ma
nufacture or make, or cause to be manufactured or made, any gun nufactured
within cer
powder, or any preparation of brimstone for the purpose of employing it tain limits of
228 ORDINANCE No. 1 OF 1848.
Gunpowder.
the town, nor in the formation of gunpowder, within the harbour or town of Victoria,
beyond those
limits without or within two miles of the latter place, or within half- a -mile of any
a licence.
public road ; and that any person so making or causing to be made such
gunpowder or brimstone within the limits aforesaid , shall be liable for
any such offence to pay a fine not exceeding five hundred dollars , and
in default of payment of such fine, to imprisonment in one of Her
Majesty's gaols for any period not exceeding six calendar months , and
that such gunpowder or brimstone shall be forfeited to the Crown :
Provided always, that it shall and may be lawful to and for any person
to manufacture and make such gunpowder or brimstone without the
limits aforesaid, on having and obtaining a licence in writing for such
purpose from the Colonial Secretary of the said Colony, who, it is
hereby declared, shall have it in his discretion to refuse the issuing of
such licence, if not satisfied as to the character of the applicant for the
same, or the probable purposes to which such gunpowder may be applied.
Ordinance 2. And be it further enacted and ordained, that nothing in this
not to extend
to gunpowder Ordinance contained shall be held to extend to gunpowder imported from
imported
from Europe ; Europe ; and that no person shall have or keep in or upon his house or
and no
to have in his premises within the said Colony, at any one time , any quantity of gun
possession
more than powder exceeding in weight two pounds, if the same be not imported
two pounds
of native from Europe, without first having had and obtained a licence for that
powder with
out a licence. purpose, to be procurable as is hereafter provided ; and that every
unlicensed person knowingly having in or upon his house or premises such
excess of unimported gunpowder shall, on due conviction, be liable to a
penalty not exceeding fifty dollars for every such offence , or, in default
of payment of the said penalty, to imprisonment in one of Her Majesty's
gaols within the said Colony for a period not exceeding three calendar
months ; and it is hereby declared that it shall be incumbent on every
unlicensed person, having such an excess of gunpowder so in his pos
session, to adduce reasonable evidence that the same has been imported
from Europe, or that the same has not been manufactured in China, the
proof of which fact shall be deemed equivalent to the proof of such im
portation in all proceedings under this Ordinance.
Fireworks. 3. And be it further enacted and ordained , that the provisions of
the preceding section shall extend to and include gunpowder made up
into any manner of firework, except into crackers, commonly known by
the name of Chinese crackers.
ORDINANCE No. 1 OF 1848. 229
Gunpowder.
4. And be it further enacted and ordained, that any person intending or desirous Licence for the
keeping or sto
so to keep in his possession more than two pounds of unimported gunpowder, shall and rage of unim
ported gunpow.
der.
may apply to the * Chief or acting Chief Magistrate of Police for a licence so to do, who [ *See Ord. No. 6
shall and may issue such licence in writing, on being duly satisfied that such person is of 1862.]
a fit and proper person to be entrusted with the keeping of gunpowder, and that he has
safe and proper storage for the same ; and it is hereby provided that the said Chief or
acting Chief Magistrate is empowered to limit by such licence the quantity of gun
powder over two pounds which the applicant may so have in his possession at any one
time. [ Repealed by Ordinance No. 4 of 1867.]
5. And be it further enacted and ordained, that all fines and penal Proceedings
under this
ties to be imposed under this Ordinance shall be recovered and imposed Ordinance to
be summary.
in a summary manner by and before such * Chief or acting Chief Magis
trate, and according to the provisions of the Ordinance No. 10 of 1844 ,
entitled " An Ordinance to regulate summary proceedings before Justices
of the Peace, and to protect Justices in the Execution of their Office. "
6. And be it further enacted and ordained , that it shall and may be Provision as
to withdraw
lawful to and for the said Colonial Secretary, by an order in writing, to al of licences.
withdraw any licence issued under this Ordinance, on reasonable grounds
being laid before him for so doing.
7. And be it further enacted and ordained , that if information shall Power to Ma
gistrate to
be given on oath to any Magistrate that there is reasonable cause for issue search
warrants.
suspecting that any unlicensed person is either so manufacturing gun
powder, or brimstone for the formation of such powder, in any place, or
that any person has in his house or premises a quantity of gunpowder
prohibited by this Ordinance, it shall and may be lawful for such Magis
trate, by special warrant under his hand , to direct any constable to cause
any such dwelling- house or other place to be entered and searched at any
time of the day, or by night if power for that purpose be given by such
warrant ; and such Magistrate may, if it appear to him necessary, em
power such constable, with such assistance as may be found necessary
(such constable, having previously made known his authority ) , to use
force for the effecting such entry, whether by breaking open doors or
otherwise ; and if upon search thereupon made, any such powder or brim
stone shall be found , then to convey the same before a Magistrate, or
place it in safe keeping, and moreover to take into custody and carry
before a Magistrate any person found in such house or place who shall
appear to have been making such gunpowder or brimstone, or to have
had knowingly in his possession such a prohibited quantity of gunpowder.
230 ORDINANCES Nos. 1 AND 2 OF 1848 .
Gunpowder. Ghaut Serang - Lascars.
Ordinance 8. And be it further enacted and ordained , that nothing in this Or
not to extend
to Govern dinance contained shall be held to extend to Government, military , or
ment stores ;
and licences naval stores ; and that all licences heretofore prescribed shall be issued
to be issued
without without any fee or charge .
charge.
Interpreta 9. And be it further enacted and ordained , that in the construction
tion clause.
of this Ordinance , unless there be something in the context repugnant
thereto, any word denoting the singular number and male sex shall be
taken to extend to any number of persons or things , and to both sexes :
Ordinance to And that this Ordinance shall come into operation and take effect from
take effect
from the 1st the first day of October next.
of October,
1848.
No. 2 of 1848.
Title. An Ordinance to amend . Ordinance No. 13 of 1845 , entitled “ An Or
dinance to establish a licensed Ghaut Serang in the Colony of Hong
kong, and for the better Regulation of Lascars resorting thereto ."
[ 7th September, 1848. ]
Preamble. THEREAS the said Ordinance No. 13 of 1845 provides but for the appointment
WHof one ghaut serang in the Colony ; and as it appears to be expedient and
desirable that there should be two or more such ghaut serangs appointed annually
therein :---
Governor to de 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
termine annually
the number of kong, with the advice of the Legislative Council thereof, that from and after the ex
ghant serangs to
be appointed for piration of any licence heretofore granted under the said Ordinance No. 13 of 1845, it
the Colony, as
also the fee char
geable on their shall and may be lawful for the Governor for the time being of the said Colony, with
licence.
the advice of the Executive Council thereof, annually to determine and arrange the
number of ghaut serangs which shall be appointed for the ensuing year, as also the
amount of the fee or sum to be chargeable on the licence to be granted to such ghaut
serangs.
Licences to be 2. And be it further enacted and ordained , that where not inconsistent with the
issued by Colo
nial Secretary. provisions of this Ordinance, such licences shall be issued as heretofore by the Colonial
Secretary, in pursuance of the said Ordinance No. 13 of 1845, the provisions whereof,
as also of the Ordinance No. 4 of 1846, shall extend and apply to all ghaut serangs
hereinafter appointed , in like manner as if they respectively were appointed and acting
as a sole ghaut serang under the said Ordinance No. 13 of 1845.
[Repealed by Ordinance No. 6 of 1852. ]
ORDINANCE No. 1 OF 1849 . 231
Petty Sessions Court.
No. 1 of 1849 .
An Ordinance to repeal Ordinance No. 6 of 1847 , entitled " An Ordinance Title.
for extending the Summary Jurisdiction of Police Magistrates and
Justices of the Peace within the Colony of Hongkong," and to
substitute other Provisions in the place of those contained in the said
Ordinance .
[ 22nd February , 1849. ]
HEREAS it has been deemed advisable and fit to repeal the said Ordinance No. Preamble.
W 6 of 1847, and to substitute other provisions in place of those contained in the
said Ordinance, but with the intent of extending the said jurisdiction as it existed
previous to the passing of that Ordinance :
1. Be it therefore enacted and ordained by His Excellency the Governor of Ordinance No. 6
of 1847 repealed .
Hongkong, with the advice of the Legislative Council thereof, that from and after the
passing of this Ordinance, the said recited Ordinance No. 6 of 1847 be, and the same
is hereby repealed.
2. And be it further enacted and ordained, that a Court of Petty Sessions shall sit Establishment
of a Court of
at the office of the Chief Magistrate of Police, on the Monday of every week, to hear, Petty Sessions,
with jurisdiction
to deal with
try, and determine in a summary manner, any of the crimes and offences undermen certain offences.
tioned, committed within this Colony or its dependencies, or the harbours thereof, that
is to say, assault, and assault and battery, notwithstanding that it may have been
attended with an intent to commit felony ; larcenies where the stolen property shall not
exceed fifty dollars in value ; all cases whatsoever of embezzlement, (save those of
embezzlement by factors or agents), or of obtaining property by false pretences, or of
knowingly receiving stolen property where the value of the property involved as the
subject-matter of the offence, shall not exceed fifty dollars ; all cases of extorting money
or property by threatening to accuse any person of any indictable offence, or by threats.
of injury to his, her, or their property ; all cases of breach of prison where no serious
bodily injury shall have been inflicted ; all cases of knowingly uttering, or having
possession of with intent to utter, counterfeit silver or copper coin current in this
Colony, if the amount of such coin so uttered or possessed be intended to represent a
value not exceeding fifty dollars ; all cases of conspiracy or combination among artisans
or workmen, relating to their employ or work ; all cases of riotous assemblage with
intent to injure any house, place, or furniture, or any person whatsoever ; and all
attempts or endeavours to commit any of the crimes or offences above enumerated .
3. And be it further enacted and ordained , that the said Court of Petty Sessions Constitution of
Court with re
shall be held before the Chief Magistrate of Police, or in his unavoidable absence before spect to the
presiding
Justices.
such person, being a Justice of the Peace, as he may depute subject to the approval of
the Governor together with any Justice or Justices of the Peace of the said Colony of
Hongkong that may see fit to attend ; such Justice or Justices having separately
and individually, in all proceedings before the Court, an equal voice with the said
232 ORDINANCE No. 1 OF 1849 .
Petty Sessions Court.
Chief Magistrate of Police or person duly authorized to act in his stead ; Provided
always, that in the event of none of the Justices attending , it shall be fully competent
for such Chief Magistrate of Police or person so deputed, to proceed singly to hear,
try, and determine such cases as aforesaid, as may be brought before him ; and he shall
be vested with the same power as is intended to be hereby vested in the Court of Petty
Sessions aforesaid : And that for the despatch of business, it shall and may be lawful
to and for the said Chief Magistrate of Police, or person so deputed, to adjourn the
said Court from day to day.
Extent ofpunish. 4. And be it further enacted and ordained, that such Court shall have power and
ment to be
awarded by the authority to award as punishment on due conviction, for any of the crimes or offences
Court.
above specified, imprisonment in any of Her Majesty's jails within the Colony for any
period not exceeding six calendar months, with or without hard labour ; or solitary
confinement not exceeding fourteen days at a time, or one month in all ; or any fine
not exceeding fifty dollars ; or both fine and imprisonment not exceeding these limits :
And be it further provided , that when any male offender shall be convicted under this
Ordinance of larceny, embezzlement, or of the knowingly uttering, or having possession
of with intent to utter, counterfeit coin as aforesaid, or of any felony, or of receiving
stolen property, it shall be lawful for the Court to direct that, in addition to any other
punishment to which he may be liable, the offender be once or twice publicly or
privately whipped.
Directions as to 5. And be it further enacted and ordained, that whenever corporal punishment
corporal punish
ment. shall be inflicted under this or any previous Ordinance, such punishment shall in no
case at any single time exceed thirty-six blows with a rattan, to be inflicted in the
presence of the principal jailer, or some other proper person deputed for the purpose
by the presiding Magistrate.
Power to award 6. And be it further enacted and ordained , that on the conviction of any person of
amends in certain
cases. an offence by which injury or loss to person or property shall have accrued , it shall be
lawful for such Court to award reasonable amends to be made to the person aggrieved,
by payment of any sum not exceeding fifty dollars, besides the penalty to which the
offender may be liable for the offence, notwithstanding that the aggrieved person may
have been examined as a witness in the case.
Power of a 7. And be it further enacted and ordained , that any one Magistrate of the Colony
Magistrate out of
Sessions in cases
of assault, and sitting out of sessions shall have the same power to decide all cases of assault, and
assault and
battery. assault and battery unaccompanied by an intent to commit felony, as is herein vested
in the Court of Petty Sessions in regard to assaults generally. And it is hereby pro .
vided, that such Magistrate shall not have power to award amends or compensation ; or
any punishment greater than six weeks ' imprisonment ; or a fine not exceeding twenty
five dollars.
Provision in the 8. And be it further enacted and ordained , that if any fine imposed hereunder, or
event of fines
imposed or any amends be not paid on conviction, or within such time or times as may be deter
amends directed,
not being paid. mined by the Court or Magistrate convicting, it shall be lawful for the convicting Court
or Magistrate to imprison the offender for any period not exceeding, together with any
ORDINANCE No. 1 OF 1849 . 233
Petty Sessions Court.
other imprisonment that may have been awarded, the term of six calendar months in
the whole ; or such Magistrate or Court may in his or its discretion levy the amount
and costs by distress on the goods and chattels of the offender.
9. And be it further ordained and declared, that it shall and may be lawful to and Power to commit
offenders before
for the said Court, during the trial of any case under this Ordinance, or at any time conviction to
stand their trial
before the
before conviction, to commit the prisoner to stand his or her trial before the Supreme Supreme Court.
Court, should it appear that the case would be properly visited with a heavier punish
ment than such Court of Petty Sessions could award , and that the law administered in
the said Supreme Court applies such heavier punishment ; or for any other reasonable
cause.
10. And be it further enacted and ordained , that it shall be lawful and competent Jurisdiction in
wages and in
for the said Court of Petty Sessions, or for any Magistrate of Police thereto duly author certain other
civil cases.
ized by the Governor of this Colony, to try and determine in a summary manner,
cases and differences between master and servant, and relating to wages , where the
pecuniary question for decision shall not exceed the sum of fifty dollars ; and all
dispute and differences between party and party touching any matter of debt or pro
mise ; injury to the person or property, or other matter, where the debt or damages
sought to be recovered shall not exceed the said sum of fifty dollars ; except the matter
in question shall relate to the title of any lands , tenements , or hereditaments, or to the
taking of any duty payable to Her Majesty, or to any fee of office or other matter
where rights in future might be bound, or to any general right or duty ; Provided
also, that nothing herein contained relating to the said civil jurisdiction aforesaid
shall extend to any debt being the disputed balance of any unsettled account
originally exceeding fifty dollars, nor to any bebt or supposed debt, for any
money or thing won or alleged to have been won at or by means of any horse-race,
cock-match, wager or any kind of chance, gaming, or play, or to any debt for which there
has not been a contract, acknowledgment, undertaking, or promise to pay within three
years before the taking out of the summons : And that such Court of Petty Sessions or
Police Magistrate so authorized may examine the plaintiff or plaintiffs, defendant or
defendants, vivâ voce on their several corporal oaths, and may make an order in writing
for the payment of such wages, or debt or damages aforesaid, and any costs incurred
by the proceeding, before the said Court or Magistrate, payable either on demand or
by instalments, as shall seem advisable, or as the case may be, an order for the dismissal
of the case with or without costs. And that in the event of any such order not being
complied with it shall be lawful for the Chief or presiding Magistrate of the said Court ,
or for the Police Magistrate authorized as aforesaid, to issue a precept to some known
bailiff of the Colony, or other discreet person or persons , to levy the sum so ordered to
be paid by a sale of the goods, and chattels of the defendant or defendants or other
party ; or in case it shall appear from the return to the precept, by the statement of
the defendant, or otherwise, that the defendant or other party has no goods or chattels
whereon to levy , the Court or Magistrate having issued the said precept may order that
the said defendant or other party be imprisoned for any term not exceeding three
234 ORDINANCE No. 1 OF 1849 .
Petty Sessions Court.
months : Provided always, that when, from its involving a difficult point of law, or
from any other cause whatever, the said Court or Magistrate may think proper to
refer for trial to the Supreme Court, any case over which the said Court of Petty
Sessions or Magistrate may have jurisdiction and cognizance under this section , it or he
may do so. And be it further declared, that nothing herein contained shall be deemed
to abridge the summary jurisdiction of the Supreme Court, or to prevent or impede any
suitor from proceeding thereunder for wages, or any other debt or damages on this
section above mentioned , if desirous so to do.
Contempt 11. And be it further enacted and ordained, that if any person shall use any
towards
Magistrates in insulting expression in Chinese or any other language towards a Magistrate or Justice
the discharge of
their duties.
of the Peace acting in the discharge of any magisterial duty, he shall be liable to be
fined by the said Magistrate or Justice of the Peace in an amount not exceeding fifty
dollars, or imprisoned for a term not exceeding two calendar months .
Magistrates to 12. And be it further enacted and ordained, that the said Chief and all other
make weekly
return to the Magistrates shall, and are hereby required to make and transmit to the Colonial
Colonial
Secretary of all
cases tried by Secretary, a weekly return of all cases tried and determined by them during the
them .
preceding week, exhibiting the nature of the offences, and the punishments or fines
awarded.
When charge 13. And be it further enacted and ordained , that if any person be charged before
preferred before
a Magistrate ona a Magistrate on any day when the said Court of Petty Sessions be not sitting, with any
day when the
Court of Petty
Sessions is not offence cognizable by the said Court under this Ordinance, such Magistrate may commit
sitting, he may
discharge, bail, such person so charged to take his trial before the said Court, or may admit to bail
or commit in 1
manner provided, or discharge such person without taking down in writing any part of the examination ;
the prisoner for
trial at the said and it shall be sufficient to state in the warrant of commitment that the prisoner is
Court.
charged with felony or misdemeanour, as the case may be, without further particularizing
the offence .
Certain Chinese 14. And be it further enacted and ordained, that if any native of China, or
offenders may be
deported. Chinese native of any other place than Hongkong, not being a householder or a
permanent resident in the Colony, shall have been convicted of any felony, or shall be
a suspected person apparently frequenting the Colony for felonious purposes, or who
shall be a public beggar therein, it shall be lawful for the said Court of Petty
Sessions, whether before or after thep unishment of such person, to send him in custody
to the nearest Chinese Magistrate residing on the mainland of China, with a request
from any Magistrate of the said Court that the person so sent in custody may be
prevented from returning to the said Colony, and if any person having been so sent
away shall return to the Colony without the premission of a Magistrate thereof, he shall
be subject, on conviction before the said Court, to a term of imprisonment not exceeding
six calendar months, with or without hard labour, or whipping, and to be again sent
in custody to the mainland of China, as is above provided .
Power to the 15. And be it further enacted and ordained, that whenever any person has
Court to estreat
recognizances heretofore entered or shall hereafter enter into any recognizance or Crown bond before
under certain
circumstances.
any Justice of the Peace, or any officer of Police, and that such bond or recognizance
ORDINANCES Nos. 1 AND 2 OF 1849 . 235
Petty Sessions Court. Insolvent Debtor.
has or shall become forfeited , or any of the conditions thereof broken, it shall and may
be lawful to and for the said Court of Petty Sessions to summon the person bound by
the said recognizance or bond before it, and on satisfactory proof of such forfeiture or
breach of condition , to order the said recognizance to be estreated, and to direct its
precept to the sheriff of the said Colony to levy the amount or penalty of the said
recognizance from off the goods , chattels, lands, and tenements of the defaulter ; and in
case the said sheriff shall make his return to the said precept, that such defaulter has
not sufficient goods or chattels, lands or tenements, to satisfy the exigency of the said
precept, it shall and may be lawful to and for the said Court of Petty Sessions to order
and direct that such defaulting party be imprisoned for any term not exceeding three
months .
16. And be it further enacted and ordained that in the construction of this Interpretation
clause.
Ordinance, unless there be something in the context repugnant thereto, any word
denoting the singular number and male sex, shall be taken to extend to any number
of persons and things, and to both sexes.
17. And be it further enacted and ordained, that this Ordinance shall come into Ordinance to
take effect from
operation and take effect from and after the first day of March next ensuing. 1st March, 1849.
[ Repealed by Ordinance No. 6 of 1862. ]
No. 2 of 1849.
An Ordinance to amend Ordinance No. 3 of 1846 , entitled " An Ordi Title.
nance for the Relief of Insolvent Debtors within the Colony of Hong
kong ."
[ 15th March, 1849. ]
HEREAS it has been found desirable to enable the Supreme Court to carry into Preamble.
WH execution the provisions of the said last mentioned Ordinance, as well during
the vacations of the Court as at the stated periods of its sitting :
Be it therefore enacted and ordained, that from and after the passing of this Or Power of the
Chief Justice to
dinance it shall and may be lawful to and for the Chief Justice of the said Supreme act under Ordi
nance No. 3 of
Court, when it shall appear to him expedient so to do, to make any order or decree, 1846 out of term
or in chambers.
and do all other acts, which he is empowered to make or do under the said Ordinance
No. 3 of 1846, in chambers, and upon any days or time out of the terms or stated sit
tings of the said Court.
[ Repealed by Ordinance No. 5 of 1864.]
236 ORDINANCE No. 3 OF 1849 .
Supreme Court- Summary Jurisdiction.
No. 3 of 1849.
Title.
An Ordinance to amend Ordinance No. 9 of 1845 , entitled " An Ordinance
to invest the Supreme Court of Hongkong with a Summary Juris
diction in certain Cases ."
[ 19th April, 1849. ]
Preamble. HEREAS it has been deemed advisable to afford further facility for the recovery
W of small debts in the Supreme Court of Hongkong in a more expeditious and
less expensive manner than heretofore, by extending its summary jurisdiction from
one hundred to five hundred dollars, and to repeal section 3 of Ordinance No. 9 of
1845, in so far as it relates to the disputed balance of an unsettled account :
Section 3 of Or 1. Be it therefore enacted and ordained by His Excellency the Governor of
dinance No. 9
of 1845 repealed . Hongkong, with the advice of the Legislative Council thereof, that the said third
section of Ordinance No. 9 of 1845, in so far as it relates to any disputed balance of
an unsettled account, be, and the same is hereby repealed.
Summary juris 2. And be it further enacted and ordained, that in every case over which the said
diction under
Ordinance No. 9
of 1845 to extend Supreme Court has summary jurisdiction under and by virtue of the said Ordinance
to certain de
mands not ex No. 9 of 1845, except as hereinafter mentioned, the said Court shall have similar
ceeding $ 500.
jurisdiction in every like case or cause of action, notwithstanding that the debt or
damages sought to be recovered shall amount to more than one hundred dollars :
Provided always that such debt or damages or cause of action do not exceed five
hundred dollars ; and that the said Court shall not have cognizance under this Or
dinance in any case of libel, or slander, or assault, or assault and battery.
Where execu 3. Provided always, and be it further enacted and ordained, that whenever any
tion issues for a
sum exceeding defendant shall be arrested and taken in execution under the process of the said
$100, party not
to be entitled to
the benefit of Supreme Court sitting in its summary jurisdiction , and where the debt or damages
provision con
tained in the decreed or ordered shall exceed the sum of one hundred dollars, then and in such case
14th section of
Ordinance No. 9 the party arrested and taken in execution shall not be held entitled to the benefit of
of 1845. [See
Ord. No. 10 of the fourteenth section of the said Ordinance No. 9 of 1845, whereby it is provided
1857.]
that imprisonment by process of the Court shall not exceed three months.
Schedule of fees, 4. And be it further enacted and ordained, that in all cases where the sum sought
where sum
sought to be re to be recovered shall exceed one hundred dollars, the fees set forth in the schedule
covered shall
exceed $100. hereunto annexed shall be deemed and taken (unless and until otherwise ordered and
directed) , as lawful fees and emoluments of the said Court and of the attorneys thereof ;
and that the said former fees be enforced, received, and accounted for, according to
the provisions made in and by the twentieth section of the said Ordinance No. 9 of
1845, for the allowance and recovery of fees.
Right of parties 5. And be it further enacted and ordained , that whenever any plaint or suit shall
to be assisted by
attorneys or be instituted under or by virtue of this Ordinance for the recovery of any sum exceed
agents.
ing one hundred dollars , it shall and may be lawful to and for the plaintiff, or defen
dant, to employ any friend, agent, or an attorney of the Supreme Court, to assist at
the trial or hearing of the suit ; and that each party shall respectively bear and defray
the expense incurred by the employment of his own attorney, save and except when
ORDINANCE No. 3 OF 1849 . 237
Supreme Court- Summary Jurisdiction.
the Chief Justice shall certify that the case was such as to render it fit and advisable
for the party or parties obtaining a decree or order of the Court to have professional
assistance, in which case the cost of the employment of such attorney or attorneys
shall be defrayed by that party against whom the decree or order shall be pronounced :
And it is hereby provided, that in such costs, no other or further fee or charge shall
be allowed, either between attorney and client, or party and party, than those specified
in the aforesaid schedule hereunto annexed.
6. And be it further enacted and ordained, that all summonses, notices , and Service of pro
cess.
processes issued under this Ordinance, or the said Ordinance No. 9 of 1845, may be
served or executed by the bailiff or bailiffs of the said Supreme Court.
7. And be it further enacted and ordained, that this Ordinance shall commence Ordinance to
take effect from
and take effect on the first day of May next. 1st May, 1849.
SCHEDULE OF FEES TO WHICH THIS ORDINANCE REFERS.
COURT FEES .
Filing and entering plaint and particulars of demand, .$1.00
Summons for defendant, and copy, ……………………... ******.. 1.00
If more than one defendant, each additional copy, 0.25
Filing set-off or other defence, *****... ..... 0.50
Paying money into Court,........... 0.50
Subpoena and copy, each witness, 0.80
Hearing and adjudication where the sum sought to be recovered shall exceed $ 100 and not exceeding
$200 ......... 1.00
Exceeding $200 and not exceeding $300, 2.00
99 300 99 400, ……………….. 3.00
99 400 99 99 500, ...... 4.00
Every oath of party or witness ,........ 0.50
Every reference to Registrar or other officer of the Court, 1.00
Registrar's report, per folio, ……………….. 0.50
Order for costs, decree, or dismissal, each, 1.00
Precept, ........ 2.50
Executing precept, decree, or order, where the sum to be recovered shall exceed $ 100 and not
exceeding $250, ………………………….... …………….. 2.50
Exceeding $250 and not exceeding $500 ……….. 3.78
Receipt to Registrar for money paid out of Court, 0.50
Any notice required during proceedings, …………………. 0.50
Copies of any proceedings, per folio,......... 0.25
BAILIFFS' FEES .
For service of summons, subpoena, order, or notice, 0.50
For every arrest or execution , ........... 1.00
When left in possession, per diem, 1.00
ATTORNEYS' FEES.
Upon every sum of $ 100 in dispute, .......... ...... 3.00
Attendance at hearing, ******...... ..... 5.00
Note. Upon the Judge's certificate being granted, as provided for in section 5 , the attorney of the
successful party shall recover the above fees from the opposite party : in this case the percentage fee
shall be calculated upon the sum recovered or successfully resisted.
[ Repealed by Ordinance No. 7 of 1862. ]
238 ORDINANCES Nos . 4 AND 5 OF 1849 .
Jurors- Panel. Examination of Witnesses before Commissioners.
No. 4 of 1849.
Title. An Ordinance to Amend Ordinance No. 7 of 1845 , entitled " An Ordinance
for the Regulation of Jurors and Juries."
[ 7th June, 1849. ]
Preamble. HEREAS under the present provisions of the said Ordinance No. 7 of 1845,
W considerable difficulty has been experienced in supplying an adequate panel of
common jurors within the Colony :
Persons possessed 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
of an annual sala
ry or income not kong, with the advice of the Legislative Council thereof, that every male person who
less than five.
hundred dollars, shall be in the receipt of an annual salary or income of not less than five hundred
resident within
the Colony, (with
certain excep dollars per annum within the said Colony of Hongkong, and who shall reside within
tions) to be qua
lifted and liable the same, shall be qualified and liable to serve as a common juror therein ; and that
to serve as com
mon jurors. the provision of the second section of the said Ordinance No. 7 of 1845, requiring such
income or salary to be of the full annual amount of one thousand dollars, be, and the
same is hereby repealed, so far as respects the amount of qualification exceeding the
said annual sum of five hundred dollars. But it is hereby declared and provided, that
nothing herein contained shall render any person liable to serve as a juror who can
claim exemption or may not be so liable under the said second section of the said Or
dinance No. 7 of 1845.
[ Repealed by Ordinance No. 4 of 1851. ]
No. 5 of 1849 .
Title. An Ordinance to Facilitate the Examination of Witnesses in certain
Cases before Commissioners in the Colony of Hongkong.
[ 7th June, 1849. ]
Preamble. HEREAS by the Consular Ordinance No. 1 of 1849, entitled " An Ordinance
WHEfor the better obtaining of Evidence in the Consular Courts in China, and to
amend Ordinance No. 3 of 1847, entitled, ' An Ordinance to authorize Her Majesty's
Consular officers to adjudicate in Civil Actions,"" it has been enacted and ordained ,
amongst other things, that Her Majesty's Consuls or Vice- Consuls resident at the ports in
China may, under certain circumstances, issue a commission for the examination on
interrogatories of any witness or witnesses resident within the Colony of Hongkong,
or at any place within the jurisdiction ofthe Supreme Court, not being a Consular port ;
and that, in the event of any such witness or witnesses refusing to appear before such
Commissioners for the purpose of examination, it shall and may be lawful for any party
in the suit or action to apply by petition, duly verified by affidavit, to the Chief Justice
ORDINANCES No. 5 OF 1849 AND No. 1 OF 1850. 239
Examination ofWitnesses before Commissioners. Supreme Court - Criminal Proceedings.
of the Supreme Court of Hongkong , to compel the attendance of such witness or wit
nesses before such Commissioners :
1. Be it therefore enacted and ordained by His Excellency the Governor of Hong ChiefJustice of
the Supreme
kong, with the advice of the Legislative Council thereof, that from and after the passing Court of Hong
kong, on petition,
of this Ordinance, it may be lawful for the Chief Justice of the Supreme Court of may make order
for the atten
dance of wit
Hongkong, to make such order or orders on such petition , as to him shall seem requisite, nesses resident
in the Colony, or
touching and respecting the attendance of any such witness or witnesses before such at any place
within the
Commissioners, in pursuance of the said recited Ordinance No. 1 of 1849. jurisdiction of
the Supreme
Court, not being
a Consular port,
before commis
sioners appointed
[ Repealed by Ordinance No. 4 of 1887. ] by Consuls, for
the examination
of witnesses in
suits pending
before the
Consular Courts.
No. 1 of 1850 .
An Ordinance for the better Administration of Justice in Criminal Title.
Proceedings before the Supreme Court, and for improving the Law
of Evidence.
[ 15th January , 1850 .
HEREAS in cases of burglary and larceny, difficulty has been found in ascertain Preamble.
W ing from Chinese witnesses in whom the legal ownership of property is vested,
which ownership it is necessary, according to the existing law, to set forth in the
indictment or information ; and whereas also, from the frequent discrepancies in Chinese
testimony, like difficulties may arise on similar subjects , thereby causing variances
between the indictment or information and the evidence at the trial, rendering further
indictments or informations necessary ; and whereas also it is deemed expedient that
witnesses should not be excluded from giving evidence in criminal cases by incapacity
from crime :
1. Be it therefore enacted and ordained by His Excellency the Governor of Power to Su
preme Court to
Hongkong, with the advice of the Legislative Council thereof, that, before the jury are amend informa
tion attrial when
the prisoner may
charged with the trial of any prisoner, or during the progress of any trial, it shall be not be misled in
his defence
lawful for the Court in its discretion to amend the indictment or information in any thereby.
matter of form or substance not calculated to mislead the prisoner in his or her defence.
2. And be it further enacted and ordained, that no person offered as a witness Testimony of
witnesses not to
shall hereafter be excluded by reason of incapacity from crime from giving evidence be excluded by
their incapacity
from crime.
either in person or by deposition in any criminal proceeding in any Court, or before
any Judge, Jury, Sheriff, Coroner, Magistrate, officer, or person having by law authority
to hear, receive, and examine evidence ; but that every person so offered, shall be
admitted to give evidence on oath, or on solemn affirmation in those cases where
affirmation is by law receivable, notwithstanding that such person offered as a witness
may have been previously convicted of any crime or offence.
[ Repealed by Ordinance No. 3 of 1865.]
240 ORDINANCE No. 2 OF 1850.
Rendition of Chinese.
No. 2 of 1850 .
Title. An Ordinance to provide for the more effective carrying out of the
Treaties between Great Britain and China in so far as relates to
Chinese Subjects within the Colony of Hongkong.
[ 20th March, 1850. ]
Preamble. HEREAS by the Treaties between Great Britain and China provision is made
[Extended by
Ord. No. 2 of WH for the rendition for trial to officers of their own country of such subjects of
1871.]
China as have committed crimes and offences against their own Government, and
afterwards taken refuge in Hongkong :
Power to Magis 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
trates to detain
Chinese subjects kong with the advice of the Legislative Council thereof, that if any complaint or
having commit
ted offences
against the laws information, or any communication by any officer of the Chinese Government be made.
of China, and
taken refuge in or forwarded to any Magistrate or Court, (other than the Supreme Court, ) desiring
Hongkong .
the arrest of any person being a Chinese subject and then within the said Colony of
Hongkong, and alleging that such person has committed, or is charged with having
committed, any crime or offence against the laws of China, or if it shall appear in the
course of any investigation before such Magistrate or Court that any person being a
subject of China has committed any such crime or offence, it shall and may be lawful
for such Magistrate or Court to issue a summons or warrant for the appearance or
apprehension of such person ; or if such person be already in custody, it shall be lawful
to detain such person, and to investigate the alleged crime or offence in the same
manner as if such person were charged with a crime or indictable offence committed
within the said Colony.
Nature of war 2. And be it further enacted and ordained, that in any such warrant of arrest or
rant in such
case. any subsequent warrant of committal or other warrant, it shall be sufficient to describe
the crime or offence of such person in terms the same as, or similar to, those contained
in such complaint, information, or communication aforesaid.
Depositions in 3. And be it further enacted and ordained, that if at the close of the said inves
such case to be
forwarded to
the Governor. tigation it shall appear to the said Magistrate or Court, that such person as aforesaid
is a subject of China, and that there is probable cause for believing that the said person
has committed such crime or offence, it shall and may be lawful for such Magistrate or
Court to commit such person for safe custody to prison, and to direct the jailer to
detain such person in prison until the said jailer shall receive some order or orders
from the Governor of Hongkong, relative to the further detention , discharge, or trans
mission of such person to the nearest Chinese authorities or to such other Chinese
authorities as to the said Governor shall seem fit : and the said Magistrate or Court
shall, upon making such committal as aforesaid, transmit to the said Governor of
Hongkong the minutes of such investigation, and all documents in his or its possession
connected with the charge against such person, in order that such person may be dealt
with according to the Treaties aforesaid.
ORDINANCES Nos . 2 AND 3 OF 1850 . 241
Rendition of Chinese . Church.
4. And be it further enacted and ordained, that it shall be lawful for the said Governor may
order Magistrate,
Governor to issue his warrant or order to any Magistrate, jailer, or officer of Police, &c., to arrest
Chinese subjects
for the apprehension, detention, examination , transmission, or otherwise of such having commit
ted offences
Chinese subject. against the laws
of China.
5. And be it further enacted and ordained , that if any action be brought against any Protection to
Magistrate, jail
Magistrate, jailer, officer of Police, or any other person, for anything done in obedience er, or officer of
Police, acting
under authority
to any such warrant or order issued by the said Governor of Hongkong, the proof of ofGovernor of
Hongkong.
such warrant or order shall be a sufficient answer to such action, and the defendant or
defendants, on such proof as aforesaid, shall be entitled to a verdict or judgment in
his or their favour, and shall also be entitled to his or their costs as between attorney
and client.
6. And be it further enacted and ordained, that in the construction of this Interpretation
clause.
Ordinance, the term Magistrate shall be held to apply to each and all Magistrates of
Police and Justices of the Peace for the Colony of Hongkong.
[Repealed by Ordinance No. 26 of 1889. ]
No. 3 of 1850 .
An Ordinance to amend Ordinance No. 2 of 1847, entitled " An Title.
Ordinance to Provide for a Church in Victoria in the Island
of Hongkong," and also to enable the Trustees of the said
Church to raise a Sum of Money not exceeding Two Thou
sand Five Hundred Dollars.
[ 10th September, 1850. ]
HEREAS various circumstances have arisen since the passing of the Preamble.
WH
said Ordinance No. 2 of 1847 , rendering it desirable that some of
the provisions therein contained should be amended ; and whereas a cer
tain debt of in or about two thousand five hundred dollars is now due to
certain workmen and others for the building of the said church after pay
ment of the sum of six thousand nine hundred pounds sterling mentioned
in the said Ordinance No. 2 of 1847 :
1. Be it therefore enacted and ordained by His Excellency the Gov Church in fu
ture to be de
ernor of Hongkong with the advice of the Legislative Council thereof, signated the
Cathedral
that the said church shall in future be known and designated in all pro Church of St.
John. Fee
ceedings as the Cathedral Church at Victoria, or as Saint John's Cathedral. thereof vested
Church at Victoria , and that from and after the passing of this Ordinance , in
andthe trustees
their suc
cessors.
the real estate or fee in the said church and in all lands and hereditaments
242 ORDINANCE No. 3 of 1850.
Church.
thereunto belonging shall become and be vested in the existing trustees
of the said church and their successors for ever in trust for the purposes
of the said church.
Provision 2. And be it further enacted and ordained , that if at any time here
when the an
nual election after, by reason of the non-attendance of voters , trustees shall not be elect
of trustees
may not be ed, in pursuance of the fourth section of the said Ordinance No. 2 of 1847,
made within
the prescrib on the last Thursday of each month of April in every year, then and in
ed time.
such case it shall and may be lawful, at any time within the following
month of May, to and for the two elected trustees of the preceding year
or the survivor of them, or in the event of their death or absence from the
Colony , to and for the Lord Bishop of Victoria, or in his absence to and
for the Colonial Chaplain or Acting Colonial Chaplain , to nominate and
appoint any two duly qualified persons to act as such trustees for the then
current year of office.
Powers vested 3. And be it further enacted and ordained , that the several powers
in the Colo
nial Chaplain vested in the Colonial Chaplain by the fifth section of the said Ordinance
as chairman
of trustees No. 2 of 1847 , as chairman of the trustees for the said cathedral church,
transferred to
the Bishop . be and are hereby vested in and transferred to the Bishop of Victoria and
his successors , or in his or their absence from the Colony, in the Colonial
Chaplain or Acting Colonial Chaplain for the time being. Provided
always, that in the event of any meeting of the said trustees being con
vened, and that the said bishop although within the Colony may not be
in attendance, then and in such case he may either depute the Colonial
Chaplain to attend as such chairman in his stead, or failing such deputa
tion , that it may be lawful for the trustees present at such meeting to
elect a chairman from those members in attendance.
Provision for 4. And be it further enacted and ordained , that if at any time it
renting the
unrequired shall appear to the trustees ofthe said church that the one-third part of
portion offree
sittings. the sittings directed by the seventh section of the said Ordinance No. 2
of 1847 , to be appropriated as free sittings for the use of the poorer classes
of the population, be an unnecessarily large proportion for that purpose,
then and in such case it shall be lawful for the trustees to rent out and
set the excess of the said third for one year, and so on from year to year,
until it shall appear necessary to the trustees to again allot the said full
proportion of a third to its original purpose. And that when and as soon
as four eligible sittings shall become vacant, the same shall be assigned
and set apart for the use of the said bishop and his family.
ORDINANCES Nos . 3 AND 4 OF 1850. 243
Church. Desertion of Seamen .
5. And be it further enacted and ordained , that in all contracts or New corpo
rate name or
suits, as specified in the fourteenth section of the said Ordinance No. 2 of designation
for the trus
1847 , the trustees shall contract, sue and be sued in the name of " The tees.
Trustees of the Cathedral Church at Victoria ," or " The Trustees of Saint
John's Cathedral Church at Victoria," in lieu and stead of the designation
or styles employed in the said section .
6. And be it further enacted and ordained , that from and after the Repeal of
19th section
passing of this Ordinance, the nineteenth section of the said Ordinance of Ordinance
No. 2 of 1847.
No. 2 of 1847 , be and the same is hereby repealed , and that only the No clergyman
to officiate in
Lord Bishop of Victoria or some other clergyman duly authorized to offi Cathedral
Church with
ciate for or by him may sing or say the Common Prayer, administer the out sanction
from the bi
sacraments, and preach any sermons within the said cathedral , and that shop, or in his
absence from
in his absence, such powers shall be vested in the Colonial or Acting Co Colonial
Chaplain.
lonial Chaplain of that period .
7. And be it further enacted and ordained, that it shall and may be Powerto trus
tees to borrow
lawful to and for the trustees of the said cathedral church or the major $2,500 for the
payment of a
part of them, should they deem it expedient so to do , to take up and borrow debt.
with interest not exceeding the rate of nine per centum per annum, the
said sum of two thousand five hundred dollars, and to secure the re-pay
ment of the same with interest as aforesaid by mortgaging or pledging
the rents and profits arising or to arise from the sittings in the said cathe
dral church .
No. 4 of 1850.
An Ordinance to prevent the Desertion of Seamen belonging to Foreign Title.
Ships and Vessels.
[ 17th December, 1850. ]
HEREAS ships and vessels belonging to foreign States from time to time visit Preamble.
[Extended to
WHEthe harbours and roadsteads of Hongkong ; and the desertion of seamen from British seamen
and vessels within
the harbour by
such ships and vessels while in the said harbours and roadsteads has been productive of Ordinance No. 6
of 1852.]
much inconvenience and mischief to such ships and vessels :
1. Be it therefore enacted and ordained by His Excellency the Governor of Hong Foreign seamen
deserting may be
kong, with the advice of the Legislative Council thereof, that if any seaman belonging apprehended and
put on board the
vessels to which
to the crew of any foreign ship or vessel shall desert therefrom, or otherwise abscond, they belong.
or absent himself from his duty while such ship or vessel is lying within any harbour
or roadstead of Hongkong , it shall and may be lawful for any constable , or for the master
244 ORDINANCE No. 4 OF 1850.
Desertion of Seamen.
or person in charge of the ship , or for any one specially deputed by such master or
person in charge, to arrest such seaman without warrant and convey him before a
Justice of the Peace ; and in case such seaman shall refuse to return to his duty on
board the said ship or vessel, or shall not give a sufficient reason for such refusal, the
Justice may order such seaman to be put forcibly on board the ship or vessel to which
Or may be con he may belong ; or to be confined in any gaol or other place of security within the said
fined in gaol.
Colony, for any period until he can be put on board his ship at her departure from the
port, or until he shall be demanded by the master of the ship or by the Consul of the
country to which such ship may belong. Provided always that the said period of con
finement shall not, in the absence of such departure or demand, exceed three calendar
months.
Ships or houses 2. And be it further enacted and ordained , that it shall be lawful for any Justice
may be searched
for deserters
from foreign or Justices of the Peace, upon complaint of the master of such ship or vessel, that he
vessels.
has reasonable cause to believe that any runaway seaman or seamen belonging to the
crew of any such ship or vessel, is or are harboured , secreted , or concealed, or suspected
to be harboured, secreted, or concealed on board any other ship, boat, or other vessel,
or in any house or place whatsoever, to issue a warrant directing some constable or
constables to search such ship, boat, or other vessel, or such house or place, and such
seaman or seamen to lodge in any or the nearest watch-house, and every such seaman
or seamen shall, with all convenient speed, be brought before some Justice or Justices
of the Peace, to be dealt with as is hereinbefore directed with respect to seamen
apprehended for desertion, absconding, or absence from duty.
Penalty on 3. And be it further enacted and ordained, that if any person whatsoever shall
persons harbour
ing deserters
from foreign harbour, conceal, employ, or retain, or assist in harbouring, concealing, employing , or
vessels.
retaining any seaman belonging to the crew of any foreign ship or vessel, who shall
have deserted therefrom or otherwise absconded , or absented himself from duty, while
such ship or vessel is lying within any harbour or roadstead in Hongkong, knowing such
seaman to have deserted, absconded, or absented himself from duty, or shall cause,
induce, or persuade, or endeavour to cause, induce, or persuade any such seaman, in
any manner whatsoever to violate or to attempt or endeavour to violate any agreement
which he may have entered into to serve on board any such ship or vessel, or shall
knowingly connive at the desertion , absconding, or absence from duty of any such
seaman, such person so offending shall for every such offence, upon conviction thereof,
forfeit and pay a penalty or sum not exceeding one hundred dollars ; or in case of non
payment thereof, it shall be lawful for any Justice or Justices of the Peace to commit
the person so offending to any of Her Majesty's gaols , for any term not exceeding one
calendar month.
Recovery of 4. And be it further enacted and ordained, that any penalty sued for under this
penalties.
Ordinance shall be recovered summarily before any one Justice of the Peace.
Expenses, by 5. And be it further enacted and ordained, that all expenses incidental to the
whom payable .
apprehension, confinement, and removal of any seaman, under and by virtue of any of
the powers and authorities conferred by this Ordinance, shall be paid by the master of
ORDINANCES Nos . 4 AND 5 OF 1850. 245
Desertion of Seamen. Justices of the Peace.
the ship to which such seaman may belong, and be recoverable from him at the suit of
the Superintendent of Police, as a debt due to the Government of this Colony ; and
the subsistence money for every such seaman confined in gaol shall be paid weekly in
advance to the keeper of the gaol , and in default of such payment, the gaoler may release
such seaman.
6. And be it further enacted and ordained , that at the requisition of the Consul At the requisi
tion of foreign
resident at Hongkong, of any Foreign Nation , it shall be lawful for the Governor of the Consuls, opera
tion of this
Ordinance may
said Colony to suspend the operation of this Ordinance in regard to the ships of that be suspended.
Nation, for so long a period as such Consul may require or the said Governor may think
fit ; and that on like requisition it shall and may be lawful for the said Governor, if he
deem it fit , to cause any pending proceeding or case under this Ordinance to be dis
continued and abated.
[ Repealed by Ordinance No. 8 of 1879. ]
No. 5 of 1850.
An Ordinance to regulate Proceedings before Justices of the Title.
[ See Ords.
Peace. No. 10of 1844
and No. 16 of
[ 17th December, 1850. ] 1875. ]
HEREAS in consequence of the multiplicity of cases civil and Preamble.
WHE
criminal that occur for adjudication or investigation before
Justices ofthe Peace as constituting the Court of Petty Sessions , or sitting
singly, it has become necessary to ordain a uniform, simple , and effectual
mode of procedure, and of recording the proceedings in such cases : Be it
therefore enacted and ordained , that ,
1. The provisions of this Ordinance shall extend to all cases whatever, To what
cases
* civil or criminal , cognizable by any Justice or Justices of the Peace, Ordinance
shall extend.
whether sitting in session or otherwise, notwithstanding anything [ See Ord.
heretofore enacted and ordained on this behalf. No. 6 of1862.]
2. Be it further enacted and ordained , that by each Justice or at Issue of sum
mons to be
each public office shall be kept a book in the form to this Ordinance noted in Writ
Book,
annexed, or in any similar form containing the same particulars, to be
called the Writ Book, containing an abstract of all summonses , warrants,
and other writs issued by the said Justice or from the said office , and
the issue ofthe summons or warrant, and entry of such abstract conse
quent upon the vivâ voce statement of the plaintiff or his attorney, may
be the commencement of the suit, without any further written affidavit and to be
commence
or information whatever ; Provided that should the defendant appear in ment of
suit.
Court voluntarily, or upon arrest without warrant, such appearance may
246 ORDINANCE No. 5 of 1850 .
Justices of the Peace.
be the commencement of the suit , and may be noted accordingly in the
record of proceedings .
The particu 3. Be it further enacted and ordained , that by the sitting Justice or
lars of each
case to be
recorded in a one of the sitting Justices , or at each public office, shall be kept a book
book.
in the form to this Ordinance annexed, or in any similar form containing
the same particulars, to be called the Record Book, in which shall be
entered an abstract of the proceedings in each case brought before the
said Justice or heard or investigated at the said office ; and such abstract
shall contain the names ofthe plaintiff, defendant, and witnesses , the plaint
or charge , order or decision and other particulars in accordance with the
If certiorari said form ; and it shall not be necessary to draw up a more formal record
allowed , copy
of the entries of any conviction , order, or other proceeding whatever ; and in case of
in such book
to be a any conviction, order , or other proceeding being removed by writ of
sufficient
return . certiorari or otherwise into any superior Court, a copy of such portion of
Not to
the said Record Book and of such minutes of proceeding and other
dispense with
written documents hereinafter mentioned as shall refer to the case, shall be a full
depositions
in cases for and sufficient return to such writ. Provided that nothing herein contained
trial at the
Supreme shall be held to dispense with the necessity of taking such written
Court.
depositions as are required by law on the committal of any defendant for
trial before the Supreme Court of this Colony.
Mode of 4. Be it further enacted and ordained, that on the appearance of the
proceeding
at the
parties before him or them, or on the ex parte hearing, the sitting Justice
hearing.
or Justices, or his or their clerk , shall take such minutes ofthe proceedings
in each case as may be necessary for the due adjudication and record
thereof, and the sitting Justice or one ofthe sitting Justices shall subscribe
such minutes with his name, and these minutes , together with the returned
summonses and other writs and such other documents connected with
the case as it may be expedient to retain, shall be collectively numbered
to correspond with the entry of the said case in the Record Book, and
Provision for shall be transmitted weekly, together with ( if required ) copies of the Writ
custody of
records. Book and Record Book duly attested , to such office or Court as may from
time to time be appointed by His Excellency the Governor, there to be
safely kept.
Mode of serv 5. Be it further enacted and ordained , that the person entrusted with
ing process.
the service of any summons or other writ or process shall make a return
in writing of the manner in which he has served or attempted to serve
such summons , which return shall in itself be primâ facie proof of the facts
it may contain ; and if it shall appear to the sitting Justice that any
ORDINANCE No. 5 OF 1850. 247
Justices of the Peace.
defendant or witness having been duly summoned has neglected to appear,
or has wilfully absented or concealed himself so as to avoid being served
with the said summons, or if previous to the issue of such summons the
said Justice shall be satisfied by evidence that it is probable such defendant
or witness will not attend without being compelled to do so, the said
Justice may issue his warrant to bring before him such defendant or Of compelling
attendance.
witness, or in the absence of the defendant may , in his discretion , proceed
to hear the case ex parte: and the parties in any proceeding, their wives ,
and all other persons, may be examined on behalf of either the plaintiff or
defendant ; subject to all just exceptions .
6. Be it further enacted and ordained , that in the matters of disputed Matters may
be referred for
partnership accounts , or of disputed accounts between other parties falling arbitration ,
within the proper jurisdiction of Justices of the Peace , the sitting Justice
may, with the consent of the parties, refer all matters in dispute to
arbitration, and make the award a decree of the Court, and enforce the
same accordingly : or the Justice may refer the examination of the or to an
accountant
accounts to any clerk or officer of the Court or other person, to report for a report.
[See Ord.
thereon, and may employ the said report as a means of arriving at a just No. 7 of 1862. ]
conclusion in the case.
7. Be it further enacted and ordained , that if any plaintiff have a Judgment
may be
demand against two or more persons jointly answerable, judgment may against one,
though others
be given against one of those persons notwithstanding that others may not be jointly .
liable.
have been sued or may not be within the jurisdiction of the Court : but the
pson having satisfied such judgment may recover contribution from any
other person jointly liable : and in case of misjoinder of defendants,
judgment may be given against such only as shall appear to be liable.
8. Be it further enacted and ordained , that the adjudicating Justice Validity of
judgment not
shall in all matters give judgment upon the substantial merits and facts of to be affected
by variance
the case as proved before him , and convict the defendant of the offence between the
proof and the
of which he shall appear to have been guilty, or give judgment for the original
plaint.
plaintiff for the amount appearing to be justly due to him, notwithstanding
that the proof may be at variance with the complaint as originally laid :
Defendant to
Provided always that reasonable time be allowed for the defence and the be allowed
production of the defendant's witnesses . sufficient time
to plead.
9. Be it further enacted and ordained , that when there shall exist Declarations
may be
no facility for swearing a witness to speak the truth , or when the witness substituted
for oaths in
shall have conscientious scruples to bind himself by oath, or it shall not certain cases.
be the custom of his country to give testimony upon oath, the evidence
248 ORDINANCE No. 5 OF 1850 .
Justices of the Peace.
of such witness shall be receivable without an oath in the same manner,
and he shall be liable to the same penalties for perjury or otherwise as if
his evidence were given upon oath and if on the investigation of any
case it shall manifestly appear that the charge or complaint was maliciously
preferred on insufficient grounds, or that any witness has given wilfully
false testimony, it shall be lawful for the sitting Justice to award
Penalty for compensation not exceeding ten pounds to be paid by such prosecutor or
false
testimony. witness to the person aggrieved, or in his discretion to impose on the said
prosecutor or witness a fine not exceeding ten pounds , or to award
compensation and fine not exceeding together the amount of ten pounds.
Provision for 10. Be it further enacted and ordained , that if a defendant under
the apprehen
sion of examination for a criminal offence charge any other person with being a
accomplices.
principal in or an accessory to such offence, the sitting Justice may cause
such person to be summoned or brought before him, and if it appear that
is really
such person is really a principal or an accessory, the said Justice may
detain such person for further investigation and commit such person for
trial, though no other evidence be adduced than that of the said defendant :
provided that nothing herein contained shall attach otherwise greater
weight to the testimony of such defendant than it now by law possesses .
Justice may
reverse or 11. Be it further enacted and ordained , that the adjudicating Justice
amend his may at any time reverse or amend his decision or appoint the case to be
decision.
re-heard by himself or another Justice , should it appear that such decision
was erroneous or unjust .
WRIT BOOK.
By Names of When returnable, How and
Teste. Nature of whom Parties to Ericency of Date of and before rhat ichen Fee Remarks.
Process. issued. Suit. Process. issue. Magistrate or Executed. taken.
Court.
circumstances
commencement
additions
Contor
suspected
investigated
RECORD BOOK.
appeared
Witnesses
Under
Sentence
Process
recorded
convicted
Names
Whether
proceedings
alleged
,Court
what
.under
Place
endant
whether
Dates
Offence
what
Order
Names
Plaint
D.Sentence
proved
Amount
,oOrder
Justices
, ecision
Plaint
.Parties
made
Justice
Names
and
Date
Proceeding
other
before
In
whom
of
case
examined
Fines
of
Trial
,or
tried
No.
issued
ks
tigation
Date
whom
De
of
Suit
r
or
in
as
or
of
of
as
the
,
or
of
or
had
to
.
Remar
or
of
.
of
.Inve
-vered
.by
.
proved
Suit
.
o.re
of
.
.
.
.
dr
.
.
ORDINANCES Nos . 1 AND 2 OF 1851 . 249
Criminal Procedure - Evidence. Civil Courts Jurisdiction.
No. 1 of 1851.
Title.
An Ordinance for the Improvement of the Law of Evidence at the Trial
of Criminal Cases before the Supreme Court.
[ 3rd January, 1851. ]
Preamble.
HEREAS, after the committal for trial of prisoners in this Colony, and before the
W time of such trial being had, they have, as is generally apprehended, in many
instances during such interval by force or bribery removed material Crown witnesses
from out of the Colony to the mainland of China ; and as it is expedient not only for
the more effectual administration of justice but also for the protection of such witnesses ,
that provision should be made for the counteracting such practices :
1. Be it therefore enacted and ordained by His Excellency the Governor of Crown witness
absent from the
Hongkong, with the advice of the Legislative Council thereof, that from and after the Colony, Supreme
Court may direct
his deposition to
passing of this Ordinance, whenever it shall appear to the said Court , that the persons be read as evi
dence at trial
conducting any criminal prosecution on behalf of the Crown have been unable to under certain
circumstances.
summon any person to attend as a witness on any such trial by reason of such person
having left or being absent from the Colony, or if it shall so appear that any such
person, ha ing been duly summoned as a witness , shall have departed from the Colony
before the trial, it may be lawful for the said Court to direct, on being satisfied of such
fact or facts (namely, absence and the consequent inability to effect the service of
summons or subpoena on the witness, or to obtain his or her attendance at the trial after
such service, ) that the deposition of every such witness duly taken before or on the
committal of any prisoner may be read as evidence against him , her, or them at such
trial, as if the same were again given vivá voce.
[ Repealed by Ordinance No. 15 of 1856 (disallowed) and by Ordinance No. 7 of 1857.]
No. 2 of 1851 .
An Ordinance to regulate the Jurisdiction of the Civil Courts Title.
See Ord. No.
of the Colony of Hongkong in certain cases. 10 of 1871.]
[5th April, 1851. ]
HEREAS from the vicinity of the Colony of Hongkong to the Preamble.
WHEREAS from the
dominions of the Emperor of China, it is of frequent occurrence
that Chinese subjects visiting the said Colony for a limited time and for
the purposes of trade, emplead and cause each other to be arrested for
causes of action arising within the said dominions ; and whereas such
proceedings are not only inconvenient from the difficulty of procuring
250 ORDINANCES Nos. 2 AND 3 OF 1851 .
Civil Courts Jurisdiction. Rating.
proper evidence and for other reasons, but are frequently resorted to for
the purpose of extortion , and likewise tend to the injury of traffic within
the said Colony :
Jurisdiction Be it therefore enacted and ordained by His Excellency the Gov
of Supreme
and other ernor of Hongkong with the advice of the Legislative Council thereof,
Courts not to
extend to ci that neither the Supreme nor any other Court within the Colony afore
vil actions
between Chi- said shall have or exercise jurisdiction in any civil proceeding as between
nese subjects
when origi persons born within the dominions of the Emperor of China where the
nating out of
the Colony, cause of action has originated out of the said Colony, unless the defend
except in cer
tain cases. ant has been a resident therein for six consecutive months prior to the
time of commencing any action , suit, or proceeding grounded on such
cause of action .
No. 3 of 1851.
Title. An Ordinance to amend Ordinance No. 2 of 1845 , entitled , " An Ordi
nance to raise an assessed Rate on Lands , Houses , and Premises ,
within the Colony of Hongkong, for the upholding of the requisite
Police Force therein ."
[ 10th June, 1851. ]
Preamble. HEREAS inconvenience has arisen from the occurrence of appeals being insti
WH tuted against valuations for Police assessment, after the percentage or rate
required for upholding the Police Force for the ensuing year, based on such valuations ,
has been determined by the Governor with the advice of the Executive Council , in
pursuance of the said Ordinance No. 2 of 1845 ; and whereas it is desirable not only to
fix a limit within which such appeals may be made, but also to facilitate such appeals
and to render them less expensive ; and whereas also it is desirable that the valuations
to be hereafter made under the said Ordinance No. 2 of 1815, should be made in the
month of January in each year:
Valuation for the 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
assessment of
Police rate to be kong, with the advice of the Legislative Council thereof, that a valuation of the property
made in the
month of
January in each liable to Police assessment within the said Colony shall be made in the month ofJanuary
year, unless
Governor in in each year, [Amended by Ordinance No. 8 of 1857 ] and in the manner provided by the
Comicil shall
publicly notify said Ordinance No. 2 of 1845 , unless the said Governor with the advice of the Executive
that an existing
valuation is to Council shall deem it expedient to permit any existing valuation to stand , in which
stand good.
Notified vaha
tion subject to case it shall be duly notified during such month of January [ Amended by Ordinance No.
appeal.
8 of 1857] in one or more of the public newspapers of the said Colony, that such existing
valuation is to stand good for the then current year [ Amended by Ordinance No. 8 of
ORDINANCES Nos. 3 AND 4 OF 1851 . 251
Rating. Jurors.
1857] and be taken as and for a new valuation ; and be it provided that in the event of
such valuation being so notified as standing for such current year, [ Amended by Ordinance
No. 8 of 1857] it shall and may be lawful for any person to appeal against such
declared or notified valuation within six weeks from the publication of such notice, in the
same manner as if made by assessors in pursuance of the said Ordinance No. 2 of 1845.
2. And be it further enacted and ordained , that whenever any person liable to the Respecting the
step preliminary
payment of Police tax shall consider that the yearly valuation of the assessors in to appeal against
valuation.
regard to the premises for which he is liable is excessive, he shall send to the assessors,
within fifteen days after he has first received notice of such valuation , a written state
ment of the amount to which in his opinion such valuation ought to be reduced ; and if
the assessors shall refuse or neglect, within fifteen days from the receipt of such
statement, to reduce such valuation , or to satisfy such person of the propriety of their
first valuation , then, and not before, it shall be lawful for such person to appeal to the
Supreme Court in the manner provided by the said Ordinance No. 2 of 1845. Provided
always, that no appeal shall be allowed after the lapse of six weeks from the first
receipt of the notice of valuation, or Government notification aforesaid, as the case may
be, notwithstanding the provisions of any previous ordinance to the contrary.
3. And be it further enacted and ordained, that the mode of such appeal shall be Mode of appeal.
as follows, namely, -by summons to be served on the said assessors, and to be issued
by the Registrar of the said Supreme Court ; and that for every such summons the
appellant shall pay a fee of one dollar ; and for every summons for a witness , either on
behalf of appellant or respondent, a fee of fifty cents shall be paid ; and no other fees,
costs, or expenses than these shall on any such appeal be allowed or payable to
either appellant or respondent .
4. And be it further enacted and ordained, that it shall and may be lawful for the Power to
Governor in
said Governor in Council, in pursuance of the said Ordinance No. 2 of 1845, to deter Council to deter
mine on tempo
mine and fix on such temporary rate or rates by way of assessment, as may be necessary, rary rate until
new valuation be
inade.
until a further valuation be made, or notification given as aforesaid, in the month of
January next ensuing.
[ Repealed by Ordinance No. 5 of 1863. ]
No. 4 of 1851 .
An Ordinance to repeal Ordinance No. 7 of 1845 , entitled " An Ordinance Title.
for the Regulation of Jurors and Juries ," and No. 4 of 1849 passed
for the Amendment thereof, and to Consolidate and Amend the
Enactments relating to Jurors and Juries.
[ 10th September, 1851. ]
HEREAS it has been deemed expedient to repeal the said Ordinances No. 7 of Preamble.
WH 1845, and No. 4 of 1849, and to ordain other provisions for the regulation of
juries in civil and criminal cases :
252 ORDINANCE No. 4 OF 1851 .
Jurors.
Ordinances No. 7 1. Be it therefore enacted and ordained by His Excellency the Governor of
of 1845 and No. 4
of 1849 repealed
Finding or . Hongkong, with the advice of the Legislative Council thereof, that the said two last
verdict ofa
majority of4 mentioned ordinances be and are hereby repealed , and that all questions of fact, subject
jurors out of 6,
to be held as the to the exception hereinafter contained , whether of a civil or criminal nature, upon which
verdict of the
jury, unless in issue shall be taken in the course of any proceeding before the Supreme Court, and all
capital cases,
where unanimi questions of idiocy, lunacy, and unsoundness of mind , shall be decided by a jury of six
ty shall be requi
site. men. And that in the event of any two or one of the said jury dissenting from the
others, the unanimous verdict or finding of a majority of four, shall be held and deemed
to all intents and purposes as the verdict or finding of the said jury of six men .
Provided always, that if any traverser or defendant be arraigned for any offence visited
by the law with capital punishment, then and in such case the said jury of six men
must be unanimous in their verdict or finding of guilty, in the same manner as required
before the repeal of the said two last mentioned ordinances, in order to ground or
warrant a sentence of capital punishment. But should such a majority of the said jury
of six find any traverser or defendant guilty of a lesser crime than the capital one, on
which he may have been arraigned , then due sentence of law shall follow the verdict or
finding of such majority.
Who qualified 2. And be it further enacted and ordained, that every male person between the
to serve as
jurors. ages of twenty-one and sixty years, being of sound mind, and not afflicted with deafness,
blindness , or other infirmity, who shall be a good and sufficient person resident within
the said Colony, shall be qualified and liable to serve as a juror therein : Provided , that
no member of the Colonial Councils, or person holding any office or situation of
emolument under the Government of Hongkong, nor any barrister, physician, attorney,
or surgeon actually practising as such within the said Colony, nor any clergyman, or
dissenting minister, nor any officer employed in the military or naval service of Her
Majesty or of the East India Company, nor any person ignorant of the English
language, shall be, or be deemed liable to serve as a juror in any case.
Sheriff to make
out jury list, and 3. And be it further enacted and ordained, that from and immediately after the
transmit same
to Registrar, publication of this Ordinance, the sheriff of the said Colony of Hongkong shall make,
who shall
forward the or cause to be made out, a list in alphabetical order of all men who shall be qualified
same through
the Clerk ofthe and liable to serve as jurors as aforesaid, setting forth the Christian and surnames of
Councils to the
Governor and
Legislative each at full length, together with his place of abode, and shall sign and transmit a copy
Council for
approval or of such list to the Registrar of the Supreme Court, who shall thereupon cause a copy of
alteration.
such list to be posted for the term of one fortnight on or in some conspicuous part of
the Court House, to the end that the inhabitants of the Colony may, as the case shall
be, apply by notice in writing to the said Registrar requiring that their names may be
respectively either added to or struck off from the said list , upon cause duly assigned
in such notice ; and the said Registrar immediately after the expiration of the time for
posting such list shall forward the same, and such notices as may be so served on him ,
to the Clerk of the Legislative Council, to the end that the said Governor with the
advice of the said Council (and he and they are hereby empowered so to do) may strike
off or add such name or names from among those of the said inhabitants as to the said
ORDINANCE No. 4 OF 1851. 253
Jurors.
Governor and Council may appear fit : and which said list, when so approved of or
altered, shall be returned to the said Registrar by the said Clerk of the Councils, and
called the " Jurors ' List," and shall be in force until the first day of March, 1852.
4. And be it further enacted and ordained, that if any sheriff, or other minister, Penalty on
sheriff for
or officer, shall wilfully insert or omit, in the list of jurors , the name of any man which neglect of duty.
ought not to be so inserted or omitted, according to the list of jurors so to be made
out as aforesaid , or shall fail to sign and transmit a correct copy of such list to the said
Registrar as hereinbefore directed , or shall otherwise fail well and truly to do and
perform all and every the acts, matters, and things , hereby required to be by him
performed, such sheriff, or other minister, or officer, shall be fined at the discretion of
the said Court.
5. And be it further enacted and ordained, that on or before the first day of Jury list to be in
use for one year.
January which will be in the year of our Lord one thousand eight hundred and fifty-two ,
and on or before the first day of January [ " February" as amended by Ordinance No. 7
of 1857 : See also No. 15 of 1856 ] in each and every subsequent year, the said sheriff
shall make out and transmit a fresh jury list, in manner and form as hereinbefore
directed ; and such fresh jury list, when so transmitted, and approved of or altered as
aforesaid, shall be brought into use the first day of March then next following, and
shall continue to be used for one year then next ensuing .
6. And be it further enacted and ordained, that when the said jury list shall be Manner of
forming panel.
completed and returned to the said Registrar, he shall cause the names therein to be
written on separate cards and placed in a ballot box to be kept for that purpose ; and
whenever it shall be requisite to summon a jury, the said sheriff shall attend at the
Registrar's office, and in the presence of him or his deputy, draw from the said box
eighteen ["ten " as amended by Ordinance No. 4 of 1854 ] of the said names to form a
panel, and the cards so drawn shall thereupon be locked up in a separate box, therein
to remain until the entire of the names in the said ballot box shall be exhausted by
subsequent panels, when all the names of the said jurors shall be returned to the said
ballot box, if required, for the purposes of the current year, and in such case the said
names shall again be re- drawn in manner aforesaid . [ Revived by Ordinance No. 7 of 1857 :
See also Ordinance No. 15 of 1856. ]
7. And be it further enacted and ordained , that the sheriff shall also, before the For summoning
juries.
sitting of any Court whereat a jury shall be necessary, issue summonses according to
the form in the schedule hereunto annexed, requiring the attendance thereat of the said
eighteen persons [ “ ten " as amended by Ordinance No. 4 of 1854, Thirty persons in criminal
cases as amended by Ordinance No. 4 of 1862] so drawn from the ballot box, and that
every such summons shall be personally served upon, or left at the usual place of abode
of the person so summoned two clear days before the day appointed for the sitting of
the Court. [ Revived by Ordinance No. 7 of 1857 : See also Ordinance No. 15 of 1856. ]
8. And be it further enacted and ordained , that the sheriff shall also, at the same Panel.
time, cause to be delivered to the Registrar, or clerk (as the case may be) of the said
254 ORDINANCE No. 4 OF 1851 .
Jurors.
Court, a panel, containing the names, places of abode, and additions, of the persons so
summoned.
Penalty for 9. And be it further enacted and ordained, that if any juror, having been duly
non-attendance.
KELAS
served with such summons, shall fail to attend, or being present, shall not appear when
V
called, or after appearance shall withdraw himself without the permission of the Court,
the said Court shall (unless some reasonable excuse be proved on oath or affidavit, or
otherwise to the satisfaction of the Court) set upon the person so making default such
fine, not exceeding the sum of one hundred dollars , as to the said Court shall seem meet .
Jury to be
balloted for. 10. And be it further enacted and ordained , that at the sitting of the Court the
names of all the jurors summoned shall be written on separate pieces of card of
equal size and put into a box, and the Registrar or clerk of the said Court shall, in open
Court, draw therefrom until six jurors appear, who, after all just causes of challenge
allowed, shall remain as fair and indifferent, and the same shall be done whenever it
shall be necessary to form a new jury.
Governor and 11. And be it further enacted and ordained , that when and so often as the said
Council to mark
off the names
of nor less than list of jurors shall have been transmitted by the said Registrar in manner as aforesaid
24 persons in the
general jury list, to the said Governor and Legislative Council, he and they shall mark off, and designate
who shall be
liable to serve as with the term " Special Juror," not less than twenty-four of the names contained in
special jurors.
the said list, and the persons whose names are so marked off or designated, shall be
liable to serve both as special and common jurors, and the names of such special jurors
shall be formed into a separate list ; and that, if either the plaintiff or the defendant in
any suit or action, or the prosecutor or defendant in any indictment or information
other than for treason or felony, shall be desirous of having such suit or action , indict
ment or information, tried by a special jury (such special jury to consist of six men so
marked or designated as aforesaid) , it shall be lawful for the Court, upon motion for
that purpose, to appoint a special jury for the trial of any issue joined in any of the
said cases and triable by a jury, which shall be balloted for from the said special jury
list by the said sheriff in the presence of the said Registrar or his deputy (as hereinbe
fore provided for in the case of a common jury) and summoned in the like manner.
Provided that the party applying for such special jury, and who shall have obtained a
rule or order of the Court for that purpose, shall, on entering the cause for trial, deposit
with the Registrar or other officer of the Court, a sum sufficient to cover the expenses
of the special jury ; otherwise, the said rule or order of the Court to be of no effect.
And be it further provided , that the verdict or finding of every such special jury shall
be subject to the said provisions respecting majorities, as if it were a common jury.
[So much as provides that the persons marked off as special jurors shall be taken to serve both
as special and common jurors repealed by Ordinance No. 2 of 1860. ]
Power to the 12. And be it further enacted and ordained , that nothing herein contained shall
Court on cause
shewn to exempt prevent the said Court from exempting in its discretion any person or persons from
jurors from ser
ving, or to re
movetheir names serving as a juror on any trial, or from removing their names from the list of jurors,
from the list.
on cause being shewn for so doing.
ORDINANCE No. 4 OF 1851 . 255
Jurors.
13. And be it further enacted and ordained, that no person who shall be put No challenge
except for cause.
upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge
any of the jurors except for cause.
14. And be it further enacted and ordained , that whenever there shall be a defi Talesmen.
ciency of jurors , it shall be lawful for the Court, at the prayer of either of the parties
in the cause, with or without the consent of the opposite party, to put upon the jury
so many good and lawful men of the bystanders, as shall be sufficient to make up the
full number thereof.
15. And be it further enacted and ordained, that the names of the persons sworn As to jury for
new cases.
as jurors, in manner aforesaid, shall be marked on the list ; and those names so drawn
shall be kept apart by themselves until such jury shall have given in their verdict, and
the same shall be recorded, or until such jury shall, by order ofthe Court, be discharged ;
and then the said names shall be returned to the box, there to be kept with the other
names remaining at that time undrawn ; and so often and so long as any case remains
to be tried : Provided always, that if any case shall be brought on to be tried in the
said Court, before the jury in any other case shall have brought in their verdict , it shall
be lawful for the said Court to order another jury to be drawn from the residue of the
said cards for the trial of the case which shall be so brought on to be tried : Provided
also, that where no objection shall be made on behalf of the plaintiff, or prosecutor,
or on behalf of the defendant, or prisoner, it shall be lawful for the Court to try any
case with the same jury that shall have previously tried, or been drawn to try, any other
case, without their names being returned to the box and redrawn , or to order the name
or names of any person or persons on such jury, whom both parties may consent to
withdraw, or who may be justly challenged or excused by the Court, to be set aside, and
another name or other names to be drawn from the box, and to try the case with the
residue of such original jury, and with such person or persons whose name or names
shall be so drawn , and who shall appear and be approved as indifferent ; and so as often
and as long as any case remains to be tried.
16. And be it further enacted and ordained, that after the jury in any case shall Howjury, when
sworn or char
ged with any
have been sworn, or charged with any prisoner, they shall be kept in some convenient prisoner, to be
kept.
place in Court apart by themselves, until the Chief Justice of the said Court has sum
med up the evidence, and has left the case with the said jury ; and if any such jury
shall desire to withdraw for the purpose of considering their verdict, then they shall be
kept by an officer of the Court in some convenient place apart by themselves until
they are agreed upon their verdict or be discharged therefrom by the Court ; and the
said officer shall be sworn that he will suffer none to have access to them, or speak to
them, and that he will not speak to them himself, except to ask whether they are
agreed upon their verdict, or to communicate between them and the Court.
17. And be it further enacted and ordained, that whenever it may be necessary How jury to be
kept when ne
for the Court to adjourn the further sitting of the said Court during the trial of any cessary to ad
journ the Court,
case, it shall be competent to the Court to direct the said jury to be removed to some
256 ORDINANCE No. 4 OF 1851 .
Jurors.
convenient place in the neighbourhood of the Court during the said adjournment, under
the charge of a proper officer of the Court.
Provision in case 18. And be it further enacted and ordained , that if, during the trial of any action ,
of death or disa
bility ofjuror. indictment, or information , any one or any two of the said jurors shall be disabled by
death , illness, or bodily infirmity, from serving on the jury, it shall be lawful for the
Court in its discretion to order the trial of such action , indictment, or information , to
be proceeded with in like manner as if the full number of jurors had continued to serve
on the jury, and any verdict returned by the remaining jurors , or by a majority, shall
be of equal validity and have the same force and effect, as if it had been returned by a
jury consisting of the full number of six jurors ; Provided always, that in capital cases
the said remaining jurors must be unanimous in their verdict, in order to warrant sen
tence of capital punishment to be passed on the traverser or defendant ; but if he be
found guilty of a crime less than the capital one on which he is arraigned, then due
sentence shall follow the finding of such majority ; Provided always , that it shall be
lawful for the Court, instead of proceeding with the trial with the said remaining jurors,
to cause a new jury to be impanelled, sworn, and charged with any prisoner ; and the
action, indictment, or information shall be tried as if such first jury had not been im
panelled.
In case jury 19. And be it further enacted and ordained, that whenever the jury in any case
cannot agree up
on verdict.
has withdrawn , and been kept apart for the purpose of considering their verdict, and
shall not have returned the same before all the other cases for trial at the same sittings
or sessions shall have been disposed of, and when it shall sufficiently appear to the Court
that the said jury cannot agree upon a verdict, and that there be not such a majority
or majorities as aforesaid agreeing, the Court shall discharge such jury, and shall cause
a new jury to be impanelled, and sworn , and charged with any prisoner, and the action,
indictment , or information shall be tried as if such first jury had not been impanelled .
Verdict. 20. And be it further enacted and ordained , that the verdict of the jury or ma
jorities as hereinbefore mentioned, shall in all cases be given by the foreman , in open
Court, and in the presence of all the said jury, and, if a criminal proceeding, in the
presence of the prisoner, and shall be thereupon recorded by the Registrar of the said
.
Court ; and the said Registrar shall , before taking the said verdict, ask if they are all
or by what majority agreed thereon , and whether they find for the plaintiff, or for the
defendant, and in the case of a prisoner, whether they find such prisoner, " Guilty " or
"Not Guilty ; " and the said jury shall either pronounce a general verdict for the plain
tiff, or defendant , or of " Guilty," or " Not Guilty," or else shall return a special
verdict finding the facts of the case : Provided always, that the said jury may acquit
any prisoner of a part of the charge against him, and find him guilty of the remainder.
Not to extend 21. And be it further enacted and ordained, that nothing herein contained shall
to coroner's ju
ries. be held to extend to, or alter the Ordinance No. 5 of 1847, entitled " An Ordinance for
regulating Juries at Coroner's Inquests."
ORDINANCES No. 4 OF 1851 AND No. 1 of 1852. 257
Jurors. Marriage.
22. And be it further enacted and ordained , that in the construction of this Or Interpretation
clause.
dinance wherever in describing any person or party, matter or thing, the word import
ing the singular number only is used, the same shall be understood to include, and shall
be applied to, several persons or parties as well as one person or party, and several
matters or things as well as one matter or thing, respectively, unless there be something
in the subject or context repugnant to such construction .
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Summons to Jurors.
Mr. A. B.
You are hereby summoned to appear as a juror at the Supreme Court to be holden at
in this Colony, on the day of next, and there to
attend from day to day until you shall be discharged from the said Court.
(Signed), C. D.,- Sheriff.
N.B.-The penalty for disobedience hereto is any sum not exceeding one hundred dollars.
[ Repealed by Ordinance No. 11 of 1864.]
No. 1 of 1852 .
An Ordinance for certain Marriages in the Colony of Hongkong. Title.
[ 16th March , 1852. ]
HEREAS it is deemed expedient to amend the law of marriages in the said
W Colony : Be it therefore enacted and ordained by His Excellency the Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. From and after the passing of this Ordinance, in every case of marriage Marriage of
Christians in
intended to be solemnized in the said Colony where one or both of the parties is or Hongkong may
be solemnized
under this Ordi
are a person or persons professing the Christian religion , such marriage may be sol nance.
emnized under the provisions of this Ordinance ; and where such marriage is intended
to be so solemnized , one of the parties shall give notice in writing to a Marriage
Registrar of the said Colony to be appointed under the provisions of this Ordinance,
both parties having previously resided for a term of not less than seven days in the Notice ofintend
ed marriage to
said Colony, such notice to be in the form of schedule A, to this Ordinance annexed , be given to a
Marriage Regis
trar of the Co
or to the like effect, and shall state therein the name and surname and the profession lony.
or condition of both of the parties intending marriage, the dwelling - place of each of
them , and the time, not being less than seven days, during which each has dwelt
therein, provided that if either party shall have dwelt in the place stated in the notice
during more than one calendar month, it may be stated therein that he or she hath
dwelt there one month and upwards.
258 ORDINANCE No. 1 OF 1852 .
Marriage.
Appointment 2. It shall and may be lawful to and for the said Governor of the said Colony
of Registrars.
from time to time to nominate and appoint fit and proper persons to act as such
Registrars, and from time to time to remove such Registrars and appoint others in
their place .
Certificate of 3. Any Marriage Registrar upon being requested so to do by or on behalf of the
notice to be is
sued on request .
party by whom the notice was given, and one of the parties intending marriage having
made oath or declaration as hereinafter required, shall issue under his hand a certi
ficate of such notice having been given and of such oath or declaration having been
made ; Provided no lawful impediment according to the law of England be shewn to
the satisfaction of the Marriage Registrar why such certificate should not issue, and
the issue of such certificate have not been sooner forbidden, in manner hereafter
mentioned, by any person or persons by this Ordinance authorized in that behalf :
Proviso. Provided always, that where by such oath or declaration it appears that one of the
parties intending marriage (not being a widower or widow) is under twenty -one years
of age, the Marriage Registrar shall not issue such certificate until the expiration of
fourteen days after the giving of such notice ; and it is further provided, that the
Marriage Registrar shall file all such notices and keep them with the records of his
office, and shall also forthwith enter a true copy of all such notices fairly into a book
to be called the " Marriage Notice Book," which shall be open at all reasonable times
Inspection and without fee to all persons desirous of inspecting the same, and such Registrar shall
publication of
notices. publish all such notices of marriage by causing a copy of such notices to be affixed on
one of the entrance doors of the Supreme Court.
Who to give 4. The father, if living, of any party under twenty-one years of age, such party
consent if par
ties under age.
not being a widower or widow, or, if the father be dead , the guardian or guardians of
the person of the party so under age lawfully appointed , or one of them, and in case
there be no such guardian, then the mother of such party , if unmarried, shall have
authority to give consent to the marriage of such party ; and such consent is hereby
required for the marriage of such party so under age unless there be no person au
thorized to give such consent resident within the said Colony.
Issue of Regis 5. Every person whose consent to a marriage is required as aforesaid is hereby
trar's certificate
may be forbid
den. authorized to forbid, in manner as hereafter provided , the issue of the Marriage
Registrar's certificate ; and in case the issue of any such certificate be so forbidden ,
the notice and all proceedings thereupon shall be utterly void : Provided always, that
(subject to the provisions hereafter mentioned ) if either of the parties intending mar
riage allege that the person forbidding the issue of such certificate is not authorized
by law so to do, the Marriage Registrar shall examine into such allegation, and if he
be satisfied that such person is not authorized as aforesaid shall act in like manner,
and the like proceedings may be had under this Ordinance in relation to such mar
riage as if the issue of such certificate had not been forbidden by such person.
Form of certifi 6. The certificate to be issued by the Marriage Registrar under the provisions of
cate.
the third section of this Ordinance shall be in the form of schedule B to this Ordinance
annexed, or to the like effect.
ORDINANCE No. 1 OF 1852 . 259
Marriage.
7. Any person authorized in that behalf may forbid the issue of the Marriage How issue of
certificate may
Registrar's certificate by writing at any time before the issue of such certificate the be forbidden.
word " Forbidden " opposite to the entry of the notice of such intended marriage in
the Marriage Notice Book, and by subscribing thereto his or her name and place of
abode and his or her character in respect of either of the parties by reason of which he
or she is so authorized , and the said word " Forbidden " so written and subscribed as
aforesaid shall be deemed a protest within the meaning of this Ordinance.
8. In all cases where the Marriage Registrar shall not be satisfied that the References by
the Registrar in
person forbidding the issue of the certificate is authorized by law so to do, the said cases ofdoubt.
Marriage Registrar shall apply by petition to the Supreme Court of Hongkong, and
the said petition shall state all the circumstances of the case and pray for the order
and direction of the Court concerning the same, and the said Supreme Court or any
Judge thereof shall be empowered to examine into the allegations of the petition and
the circumstances of the case in a summary way ; and if upon such examination it
shall appear that the person forbidding the issue of such certificate is not authorized
by law so to do, such Supreme Court or a Judge thereof shall declare that the person
forbidding the issue of such certificate is not authorized as aforesaid, and that then
and in such case such certificate shall be issued and the like proceedings may be had
under this Ordinance in relation to such marriage as if the issue of such certificate had
not been forbidden by such person .
9. After the issue of the certificate of the Marriage Registrar, marriage may be After issue of
certificate, mar
solemnized between and by the parties described in such certificate or certificates riage may be
solemnized in
the presence of
according to such form and ceremony as they may see fit to adopt. Provided never Marriage Regis
trar and two
theless that such marriage shall be solemnized between the hours of six in the morn witnesses at
prescribed hours,
ing and seven in the evening in the presence of the Marriage Registrar, to whom according to cer
emonies the par
shall be delivered such certificate or certificates as aforesaid and of two or more ties may adopt.
witnesses , and that in some part of the ceremony each of the parties shall declare,
"I do solemnly declare, that I know not of any lawful impediment why I, A. B. , may
not be joined in matrimony to C. D.," or shall declare to the like effect ; and each of
the parties shall say to the other, " I call upon these persons here present to witness
that I A. B. do take thee C. D. to be my lawful wedded wife [ or husband ] ," or other
words to the like effect : Provided also that there be no lawful impediment to the
marriage of such parties.
10. And such ceremony shall be solemnized in some public place of Christian Places where
ceremony is to
worship, or at the office of the said Registrar, unless in such cases where the Governor be solemnized.
of the said Colony shall by special licence for that purpose authorize such solemniza
tion to be had at some other place.
11. When a marriage is not solemnized within three calendar months after the When the mar
riage is not sol
notice shall have been so entered by the Marriage Registrar, the notice and certificate emnized within
three months
which may have been issued thereupon and all other proceedings thereupon shall be after notice, new
notice required.
utterly void; and no person shall proceed to solemnize the marriage nor shall any
Marriage Registrar register the same until new notice shall have been given and entry
made, and certificate thereof given, at the time and in the manner aforesaid.
260 ORDINANCE No. 1 OF 1852 .
Marriage.
Marriages to be 12. After the solemnization of any marriage under this Ordinance, the Marriage
registered.
Registrar present at the solemnization thereof shall forthwith register such marriage
in duplicate, that is to say, in a book to be called the " Marriage Register Book ”
according to the form of schedule C. to this Ordinance annexed , and also in a certificate
attached to the Marriage Register Book, as a counterfoil ; and the entry of such mar
riage in both the certificate and the Marriage Register Book shall be signed by the
person by or before whom the marriage has been solemnized, if there be any such
person, and by the Marriage Registrar present at such marriage, whether or not the
marriage is solemnized by him, and also by the parties married , and attested by two
witnesses ; and every such entry shall be made in order from the beginning to the end
of the book, and the number of the certificate shall correspond with that of the entry
in the Marriage Register Book.
Certificates of 13. The Marriage Registrar shall separate the certificate from the Marriage
marriage to be
transmitted to
Colonial Secre Register Book, and transmit it, at the end of every month, to the Colonial Secretary
tary, &c., &c.
of the Colony, or to such other person as the Governor thereof may appoint for the
purpose ; and the Marriage Registrar shall keep safely the said Register Book until
it be filled, and shall then transmit the same to the said Secretary or other person to
be appointed as aforesaid, to be kept by him with the records of his office.
Proofofresidence 14. After any marriage has been solemnized under this Ordinance, it shall not be
of parties or
consent not necessary in support of such marriage to give any proof in respect to the dwelling of
necessary to es
tablish marriage .
the parties or the consent of any person , whose consent thereunto is required by
law, nor shall any evidence be given to prove the contrary in any suit touching the
validity of such marriage.
Registrar may 15. It shall be lawful for the Marriage Registrar before whom any marriage is 1
ascertain parti
culars.
solemnized according to the provisions of this Ordinance to ask the parties to be
married the several particulars required to be registered touching such marriage.
Persons vexa
tiously protesting 16. Every person who shall enter a protest with the Marriage Registrar against
liable tocosts and
damages. the issue of any such certificate on grounds which such Marriage Registrar, or the
Supreme Court, or a Judge thereof, or other person, to whom on the refusal of such
certificate an application is authorized by this Ordinance, declares to be frivolous and
such as ought not to obstruct the issue of the certificate, shall be liable for the costs of
all proceedings in relation thereto, and for damages, to be recovered by suit by the
party against whose marriage such protest was entered.
Searches may be
made and certi 17. Every Marriage Registrar or other person who shall have the custody for the
ficates given.
time being of a Register Book of marriages under this Ordinance shall at all reasonable
times without fee, allow searches to be made of such Register Book and shall give
a copy certified under his hand of any entry or entries in the same.
Penalty for falsi 18. And every person who shall wilfully destroy or injure or cause to be destroyed
fying or des
Book. Register
troying or injured any such Register Book, or the counterfoil certificates thereof, or any part
or certified copy thereof, or shall falsely make or counterfeit or cause to be falsely
made or counterfeited any part of such Register Book or of such counterfoil certificates
or of certified copies thereof, or shall wilfully insert or cause to be inserted in any
ORDINANCE No. 1 OF 1852 . 261
Marriage.
Register Book or counterfoil copy or certified copy thereof any false entry of any
marriage, or shall wilfully give any false certificate, or shall certify any writing to be
a copy or extract of any Register Book or counterfoil thereof knowing the same
Register Book or counterfoil copy to be false in any part thereof, shall be guilty of felony.
Accidental errors
19. Any person charged with the duty of registering any marriage who shall dis may be correct
ed.
cover any error to have been committed in the form or substance of any such entry
may within one calendar month next after the discovery of such error in the presence
of the parties married, or in case of their death or absence in the presence of two other
credible witnesses who shall respectively attest the same, correct the erroneous entry
according to the truth of the case by entering in the margin without any alteration of
the original entry and shall sign the marginal entry and add thereunto the day of the
month and year when such correction shall be made, and he shall make the like
marginal entry attested in the like manner in the aforesaid counterfoil certificate thereof.
20. Every person who shall knowingly and wilfully make any false oath or false Punishment of
persons making
false oath or de
declaration or sign any false notice or certificate required by this Ordinance for the claration.
purpose of procuring any marriage to be solemnized, and every person who shall forbid
the issue of any Marriage Registrar's certificate by falsely representing himself or
herself to be a person whose consent to such marriage is required by law, knowing such
representation to be false , shall , on conviction, be liable to suffer the penalties of perjury.
21. Every prosecution under this Ordinance shall be commenced within the space Limitation of
prosecution.
of two years after the offence committed.
22. The Governor of the Colony aforesaid with the advice of the Executive Governor in
Executive Conn
Council thereof may from time to time appoint reasonable fees to be taken by Registrars ci! to appoint fees
to be taken by
Registrars.
of the parties intending marriage for receiving and publishing notices of marriage, and
for issuing certificates, entering protests, and registering marriages under this Ordinance.
23. Nothing herein contained shall be held to invalidate or affect any marriage Marriages may
continue to be
which may be solemnized in the Colony aforesaid by persons in Holy Orders , or the solemnized as
heretofore.
right of any officiating minister to receive the fees now usually paid for the performance
or registration of any marriage.
Marriages under
24. All marriages solemnized under this Ordinance shall be good and valid in law this Ordinance
valid.
to all intents and purposes.
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
SCHEDULE 4 .
Notice of Marriage.
To. a Registrar of Marriages in the Colony of Hongkong :•
I hereby give you notice, that a marriage is intended to be had, within three calendar months from the date hereof
between me and the other party herein named and described.
Names. Condition. Rank or Profession. Age. Dwelling Place. Length of Residence.
Witness my hand this. day of 185
(Signed),.
262 ORDINANCE No. 1 OF 1852 .
Marriage.
SCHEDULE B.
Registrar's Certificate.
I 9 a Registrar of Marriages in the Colony of Hongkong, do hereby certify, that on
the________ day of notice was duly entered in the Marriage Notice Book of the said Colony
of the marriage intended between the parties therein named and described , delivered under the hand
of one of the parties, ( that is to say.)
Names. Condition. Rank or Profession. Age. Dwelling Place. Length of Residence.
Date of notice entered_ 1855-. The issue of this certificate has not been forbidden by any
Date of certificate given. 185-. ) person authorized to forbid the issue thereof.
Witness my hand this. day of 185
(Signed),. Registrar.
This certificate will be void unless the marriage is solemnized on or before the______ day of -185
SCHEDULE C.
Surnames
MARRIAGE REGISTER BOOK. CERTIFICATE OF MARRIAGE.
Profession
Residence
Profession
Profession
Whether
Names
Father's
Name
Marriage
and
Rank
Married
.Rank
time
Rank
full
Condition
Surname
Age
and
the
When
at
of
.
or
or
or
Father
.a inor
Father
.
of
.
Mor
of
of
.
.
.
.
.
No. No.
IN
Married at -by (or before) me, Married at by (or before) me,
Marriage Registrar. Marriage Registrar.
This marriage in the pre This marriage in the pre
was solemnized was solemnized
between us, sence of us, between us, J sence of us,
[ Repealed by Ordinance No. 14 of 1875. ]
NOTE.- The following Scale offees was fixed by the Governor in Council on the 17th March, 1852,
to be taken by the Registrar under the Ordinance.
For receiving each notice of marriage, $1.00
?? publishing each notice of marriage, 2.00
:: issuing each certificate, 3.00
"" every marriage forbidden or protest entered ,. 5.00
99 registering each marriage, ……………... ………….. ...... 2.00
In cases in which it shall appear that the parties are unable to pay the above fees, it shall be
competent, on application being made to him, for the Colonial Secretary to direct the remission of some
part but not more than one-half thereof.
ORDINANCE No. 2 of 1852 . 263
Magistrates' Powers- Suppression of Desertion.
No. 2 of 1852.
An Ordinance to increase in certain Cases the Powers of Magis- Title .
trates as regards Publicans, Boarding-house Keepers, and
others, with the view of Suppressing Desertion in Her Ma
jesty's Forces, Naval and Military, within the Colony of
Hongkong.
[ 18th May, 1852. ]
HEREAS the offence of desertion in Her Majesty's forces , naval and Preamble.
WHE
military, serving in this Colony , has of late considerably increased ,
and whereas such offence has heretofore had inception in, and facility of
commission from, public and boarding-houses, and other places : Be it
therefore enacted and ordained by His Excellency the Acting Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. Any publican or keeper of a boarding-house, or any other person Publicans,
boarding
whatsoever, who shall by words or by any other means whatsoever , di house keepers ,
or others, in
rectly or indirectly, procure any soldier, sailor, or marine, to desert , or ducing sol
diers, sailors,
shall by words or by any other means whatsoever attempt to procure or or marines to
desert, liable
persuade any soldier, sailor , or marine to desert, and any publican or to be fined to
the extent of
keeper of a boarding-house, or other person whatsoever who, know £ 100.
ing that any soldier , sailor, or marine is about to desert, shall aid or assist
him in deserting, or, knowing any soldier, sailor , or marine to be a de
serter, shall conceal such deserter, or aid or assist such deserter in con
cealing himself, shall be deemed guilty of a misdemeanour, and shall , on
conviction thereof, in a summary manner, before the person for the time
being filling the office of * Chief or Assistant Magistrate of Police, and any [ * See Ord. No.
6 of 1862.]
two other Magistrates , be liable for every such offence to a fine not ex
ceeding one hundred pounds sterling ; and in default of payment of such How penalty
to be levied.
fine, the same shall be levied by distress and sale (with the costs and
charges consequent thereon ) of the goods and chattels of the offender, the
overplus , if any, after deducting the charges of such distress and sale, to
be rendered to the said offender : Provided , that if upon the return of
the officer charged with the execution of the said distress , it shall appear
that no sufficient distress can be found , or the party adjudged to pay any
money shall at the time of the said adjudication or conviction declare , or
it shall otherwise appear, that he has no goods or chattels on which the
said distress can be levied, then the convicting Magistrates , or any of them ,
may by warrant commit such offender to one of Her Majesty's gaols , with
264 ORDINANCES Nos. 2 AND 3 OF 1852 .
Magistrates' Powers- Suppression of Desertion. Law of Evidence.
or without hard labour , there to remain for a time in proportion to the
amount of the penalty inflicted , and not exceeding six months in the
whole, unless the said sum to be levied , together with the costs, shall be
sooner paid.
Apportion 2. And a portion not exceeding one- half of every such fine so inflict
ment of fine.
ed and levied , shall be payable to such person or persons by whose in
formation or evidence the conviction of such offender shall be made.
Additional 3. And any publican or keeper of a boarding-house who shall have
penalty on
publicans, been convicted of any one or more of the above mentioned offences , shall ,
and boarding
house keepers . in addition to the penalty above provided, forthwith forfeit any licence or
licences then held by him as a publican or boarding-house keeper in this
Colony, and he shall be and is hereby declared incapable of holding there
after any licence as such publican or boarding- house keeper within the
said Colony .
Interpreta 4. And for the purposes of this Ordinance, the word " Sailor " shall
tion of the
term " Sailor." be held to extend to every person serving for the time being in any ship
then under the orders of the Commander - in - Chief of Her Majesty's Naval
Forces in the East Indies and China Seas.
Nothing to 5. And nothing herein contained shall prevent the Magistrates act
prevent Ma
gistrates from ing under this Ordinance from sending any case arising out of any ofthe
sending cases
for trial at the said offences for trial at the Supreme Court, which in the exercise of their
Supreme
Court. discretion they may consider should be investigated there .
No. 3 of 1852.
Title. An Ordinance to amend the law of Evidence.
[ 29th June, 1852. ]
Preamble. HEREAS it is expedient to amend the law of evidence in certain particulars :
WHE
Parties to be 1. Be it therefore enacted and ordained by His Excellency the Acting Governor
admissible wit
nesses. of Hongkong, with the advice of the Legislative Council thereof, that on the trial of
any issue joined, or of any matter or question, or on any enquiry arising in any suit,
action, or other proceeding in the Supreme Court, or before any person having, by
law, or by consent of parties, authority to hear, receive, and examine evidence with
respect to, or concerning any suit, action , or other proceeding, the parties thereto, and
ORDINANCE No. 3 OF 1852 . 265
Law of Evidence.
the persons in whose behalf any such suit, action, or other proceeding, may be brought
or defended, shall, except as hereinafter excepted, be competent and compellable to
give evidence, either viva voce or by deposition , according to the practice of the Courts,
on behalf of either or any of the parties to the said suit, action , or other proceeding.
2. But nothing herein contained shall render any person who in any criminal. Nothing herein
to compel person
proceeding is charged with the commission of any indictable offence, or any offence charged with
criminal offence
to give evidence
punishable on summary conviction , competent or compellable to give evidence for or tending to crimi
nate himself, &c.
against himself or herself, or shall render any person compellable to answer any
question tending to criminate himself or herself, or shall in any criminal proceeding
render any husband competent or compellable to give evidence for or against his wife ,
or any wife competent or compellable to give evidence for or against her husband.
3. Nothing herein contained shall apply to any action , suit or proceeding instituted Not to apply to
proceedings in
in consequence of adultery, or to any action for breach of promise of marriage. consequence of
adultery, &c.
4. Whenever any action or other legal proceeding shall henceforth be pending in Common Law
Courts authoriz
the Supreme Court , such Court may, on application made for such purposes by either ed to compel
inspection of
decuments when
of the litigants , compel the opposite party to allow the party making the application ever equity
would grant dis
to inspect all documents in the custody or under the control of such opposite party covery.
relating to such action or other legal proceeding, and, if necessary, to take examined
copies of the same, or to procure the same to be duly stamped, in all cases in which ,
previous to the publishing of this Ordinance, a discovery might have been obtained
by filing a bill, or by any other proceeding in a Court of Equity at the instance of the
party so making application as aforesaid to the said Court ; provided always, that every
such application shall be made as aforesaid before issue joined in any such action, and
twenty-one days before the trial or hearing of any other legal proceeding.
5. All Proclamations, Treaties, and other Acts of State of any Foreign State, or of Foreign and Co
lonial Acts of
the East India Company, or of any territory under the Government of the East India State, judgments
&c. provable by
certified copies
Company, or of any British Colony, and all judgments, decrees, orders, and other without proof of
seal or signature
judicial proceedings of any Court of Justice in any Foreign State, or in any of the or judicial char
acter of person
territories under the Government of the East India Company, or in any British Colony, signingthe same.
and all affidavits, pleadings, and other legal documents filed or deposited in any such
Court, may be proved in the Supreme Court, or before any person having, by law or by
-consent of parties, authority to hear, receive, and examine evidence as aforesaid, either
by examined copies, or by copies authenticated as hereinafter mentioned ; that is to
say, if the document sought to be proved be a Proclamation, Treaty, or other Act of
State, the authenticated copy to be admissible in evidence must purport to be sealed
with the seal of the Foreign State, or of the East India Company, or of the territory
under the Government of the East India Company, or of the British Colony to which
the original document belongs ; and if the document sought to be proved be a
judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court,
-or of any Court within the territories under the Government of the East India
Company, or an affidavit, pleading , or other legal document filed or deposited in any
266 ORDINANCE No. 3 OF 1852 .
Law of Evidence.
such Court, the authenticated copy, to be admissible in evidence, must purport either
to be sealed with the seal of the Foreign or Colonial Court, or Court within the
territories under the Government of the East India Company to which the original
document belongs ; or in the event of such Court having no seal, to be signed by the
Judge ; or if there be more than one Judge, by any one of the Judges of the said Court ;
and such Judge shall attach to his signature a statement in writing on the said copy
that the Court whereof he is a Judge has no seal ; but if any of the aforesaid
authenticated copies shall purport to be sealed or signed as hereinbefore respectively
directed, the same shall respectively be admitted in evidence in every case in which
the original documents could have been received in evidence, without any proof of the
seal, where a seal is necessary, or of the signature, or the truth of the statement attached
thereto, where such signature and statement are necessary, or of the judicial character
of the person appearing to have made such signature and statement.
Registers of 6. Every register of a vessel may be proved in any of Her Majesty's Courts of
vessels and certi
ficates ofregis Justice, or before any person having, by law or by consent of parties, authority to hear,
try admissible as
prima facie evi receive, and examine evidence as aforesaid, either by the production of the original, or
dence of their
contents, &c.
[See Ord. No. 8 of by an examined copy thereof, or by a copy thereof purporting to be certified under the
1879 Sec. 3.]
hand of the person having the charge of the original ; and such person is hereby
required to furnish such certified copy to any person applying at a reasonable time for
the same, upon payment of the sum of one dollar ; and every such register or such
copy of a register, and also every certificate of registry granted under any of the Acts
of Parliament relating to the registry of British vessels, and purporting to be signed as
required by law, shall be received in evidence in any Court of Justice, or before any
person having by law or by consent of parties, authority to hear, receive, and examine
evidence as aforesaid , as prima facie proof of all the matters contained or recited in
such register, when the register, or such copy thereof as aforesaid, is produced, and of
all the matters contained or recited in or endorsed on such certificate of registry, when
the said certificate is produced.
Where necessary 7. Whenever in any proceeding whatever it may be necessary to prove the trial
to prove acquittal
or conviction of and conviction or acquittal of any person charged with any indictable offence, it shall
person charged,
not necessary to
produce record , not be necessary to produce the record of the conviction or acquittal of such person, or
but may be pro
duced under a copy thereof, but it shall be sufficient that it be certified, or purport to be certified,
hand of clerk of
Court. under the hand of the clerk of the Court, or other officer having the custody of the
records of the Court, where such conviction or acquittal took place, or by the deputy of
such clerk or other officer, that the paper produced is a copy of the record of the
indictment, trial, conviction, and judgment, or acquittal, as the case may be, omitting
the formal parts thereof.
Examination or 8. Whenever any book or other document is of such public nature as to be ad
certified copies of
documents ad missible in evidence on its mere production from the proper custody, any copy thereof,
missible in evi
dence .
or extract therefrom , shall be admissible in evidence in the Supreme Court, or before
any person now or hereafter having, by law or by consent of parties, authority to hear,
ORDINANCE No. 3 OF 1852 . 267
Law of Evidence.
receive, and examine evidence as aforesaid ; provided it be proved to be an examined
copy or extract, or provided it purports to be signed and certified as a true copy or
extract by the officer to whose custody the original is entrusted , and which officer is
hereby required to furnish such certified copy or extract to any person applying at a
reasonable time for the same, upon payment of a reasonable sum for the same, not ex
ceeding twenty-five cents for every folio of ninety words.
9. If any officer authorized or required by this Ordinance to furnish any certified Certifying a false
document a mis
demeanour.
copies or extracts, shall wilfully certify any document as being a true copy or extract,
knowing that the same is not a true copy or extract, as the case may be, he shall be
guilty of a misdemeanour, and be liable, upon conviction, to imprisonment for any
term not exceeding eighteen months.
10. The Supreme Court, and every Judge, Justice, Officer, Commissioner, Arbi Court, &c., may
administer ouths.
trator, or other person, now or hereafter having, by law or by consent of parties , [See Ord. No. 2
of1860.]
authority to hear, receive, and examine evidence with respect to or concerning any
suit, action , or other proceeding , is hereby empowered to administer an oath to all
such witnesses as are legally called before them respectively.
11. If any person shall forge the seal, stamp, or signature of any document in Persons forging
seal, stamp, or
this Ordinance mentioned or referred to, or shall tender in evidence any such docu signature of cer
tain documents,
ment with a false or counterfeit seal, stamp, or signature thereto, knowing the same or wilfully utter
ing same, guilty
of felony.
to be false or counterfeit , he shall be guilty of felony , and shall, upon conviction, be
liable to transportation for seven years, or to imprisonment for any term not exceeding
three years, nor less than one year with hard labour ; and whenever any such document
shall have been admitted in evidence by virtue of this Ordinance, the Court or the
person who shall have admitted the same, may, at the request of any party against
whom the same is so admitted in evidence, direct that the same shall be impounded
and be kept in the custody of some officer of the Court or other proper person , for such
period, and subject to such conditions, as to the said Court or person shall seem meet ;
and every person who shall be charged with committing any felony under this Ordi
nance, may be dealt with, indicted , tried , and , if convicted, sentenced, and his offence
may be laid and charged to have been committed in the place in which he shall be
apprehended or be in custody ; and every accessory before or after the fact to any such
offence may be dealt with, indicted , tried , and, if convicted, sentenced, and his offence
may be laid and charged to have been committed in any place in which the principal
offender may be tried.
12. Nothing herein contained shall repeal any provision contained in chapter Nothing herein
to interfere with
twenty-six of the Statute passed in the Session of Parliament holden in the seventh law of wills.
year of the reign of King William the Fourth and the first year of the reign of Her
present Majesty.
[ Repealed by Ordinance No. 2 of 1889. ]
268 ORDINANCE No. 4 OF 1852.
Criminal Procedure.
No. 4 of 1852.
Title. An Ordinance to Facilitate the Administration of Criminal Justice .
(Extended by
Ordinance No. 6
of 1856.) [ 29th June, 1852. ]
Preamble. HEREAS it is expedient that informations be abbreviated and certain techni
WH calities abolished and other alterations made in the administration of criminal
justice in this Colony :
Means by which 1. Be it therefore enacted and ordained by His Excellency the Acting Governor
injury was
inflicted need
not be specified of Hongkong, with the advice of the Legislative Council thereof, that henceforward it
in indictment.
shall be sufficient in every information for murder, to charge that the defendant did
feloniously, wilfully, and of his malice aforethought kill and murder the deceased ; in
every information for manslaughter, to charge that the defendant did feloniously kill
the deceased ; in every information for piracy at common law, to charge that the
defendant did on the high seas feloniously and piratically rob the party injured ; and
in every information for piracy by statute, to charge that the defendant while in the
act of committing piracy did feloniously assault with intent to murder or cut or
wound or endanger the life as the case may be of any person in such information
named .
Form of 2. That in any information for forging, uttering, stealing, embezzling, destroying
indictment in
cases of forgery, or concealing, or for obtaining by false pretences any instrument, or for engraving or
&c. as to
instrument.
making the whole or any part of any matter or thing , or for using or having the un
lawful possession of any plate upon which the whole or any part of any instrument,
matter, or thing whatsoever shall have been engraved or made, or for having the un
lawful possession of any paper upon which the whole or any part of any thing what
soever shall have been made or printed, and in all other cases wherever it shall be
necessary to make any averment in any information as to any instrument wholly or in
part in writing, prints, or figures, it shall be sufficient to describe such instrument by
any name by which the same is usually known, or by the purport thereof, without set
ting out any copy or fac simile thereof, or otherwise describing the same or the value
thereof.
Form of
indictment in 3. That it shall be sufficient in every information for forging, uttering, offering,
cases offorgery,
&c. as to intent. disposing of, or putting off, any instrument whatsoever, or for obtaining or attempt
ing to obtain any property by false pretences, to allege that the defendant did the
act with intent to defraud, without alleging the intent as to any particular person ;
and on the trial of any of the offences in this section mentioned , it shall be sufficient
to prove that the defendant did the act charged with an intent to defraud.
Party indiceted 4. That if on the trial of any person charged with any felony or misdemeanour,
for felony or
misdemeanour
may be found the jury shall be of opinion that the defendant did not complete the offence charged,
guiltyofattempt,
and shall not be but only attempted the same, the defendant shall not be acquitted, but the jury shall
prosecuted
afterwards for return a verdict of not guilty of the felony or misdemeanour charged , but guilty of an
attempt.
attempt to commit the same, and thereupon the defendant shall be punished as if con-
ORDINANCE No. 4 OF 1852 . 269
Criminal Procedure.
victed on an information for attempting to commit such felony or misdemeanour ; and
no person tried as herein lastly mentioned shall be afterwards prosecuted for an attempt
to commit the felony or misdemeanour for which he was so tried .
5. That if, on any trial for robbery, the jury shall be of opinion that no robbery Similarly with
party indicted
was committed , but an assault with intent to rob, the defendant shall not be therefore for robbery.
acquitted, but the jury shall return a verdict of guilty of an assault with intent to rob,
and thereupon defendant shall be punished as if convicted on an information for felo
niously assaulting with intent to rob ; and no person tried as herein lastly mentioned
shall be afterwards prosecuted for an assault with intent to commit the robbery for
which he was so tried.
6. That if, on any trial for misdemeanour, the facts given in evidence amount to Party indicted
for misdemean
a felony, the defendant shall not be therefore acquitted of such misdemeanour ; and our not to be
acquitted if the
offence be
no person tried for such misdemeanour shall be liable afterwards to be prosecuted for proved felony,
unless Court so
felony on the same facts unless the Court shall think fit in its discretion to discharge direct.
the jury from giving any verdict on such trial, and to direct such person to be prose
cuted for felony, whereupon such person may be dealt with as if not previously put on
trial for misdemeanour.
7. That if, on the trial for embezzlement of any clerk or servant, the offence proved Party indicted
for embezzle
amount to larceny, the defendant shall not therefore be acquitted, but the jury shall ment as a clerk,
&c. not to be
acquitted if
return a verdict of not guilty of embezzlement, but guilty of simple larceny, or larceny offence be proved
larceny, and
as clerk or servant, as the case may be, and thereupon the defendant shall be punished vice versa.
as if convicted on an information for such larceny ; and if, on any trial for larceny, the
offence proved amount to embezzlement, the defendant shall not therefore be acquitted,
but the jury shall return a verdict of not guilty of larceny, but guilty of embezzlement,
and thereupon the defendant shall be punished as if convicted on an information for
embezzlement ; and no person so tried for embezzlement or larceny as aforesaid shall
be liable to be afterwards prosecuted for larceny or embezzlement on the same facts.
8. That if, on the trial of any two or more persons for jointly receiving any pro On indictment
for jointly
perty, it shall be proved that one or more of them separately received any part thereof, receiving, party
convicted of
the jury shall convict upon such information such of the said persons as shall be proved separately
receiving may be
convicted.
to have received any part of such property.
9. And whereas it may happen that the principal in a felony be not in custody or In the same in
dictment, separ
amenable to justice, although several accessories to such felony or receivers at dif ate accessories or
receivers may be
included in ab
ferent times of stolen property the subject of such felony, are in custody or amenable sence ofprincipal
felon.
to justice, for the prevention of several trials, it is enacted, that any number of such
accessories or receivers may be charged with felonies in the same information, notwith
standing the principal felon be not included in such information or in custody or
amenable to justice.
10. It shall be lawful to insert several counts in the same information against the Three larcenies
from the same
person within six
same defendant for any number of distinct acts of stealing , not exceeding three, com
270 ORDINANCE No. 4 OF 1852 .
Criminal Procedure.
months may be mitted by him against the same person within the space of six calendar months from
included in the
same indictment . the first to the last of such acts , and to proceed thereon on all or any of them .
When single tak 11. If, on the trial of any information for larceny, it shall appear that the property
ing is charged,
prosecutor need alleged to have been stolen was taken at different times, the prosecutor shall not be
not elect, unless
more than three
takings, or more required to elect upon which taking he will proceed , unless it appear that there were
than six months
between first and more than three takings , or that more than six calendar months elapsed between the
last taking.
first and last of such takings ; and in either of such last mentioned cases, the prosecutor
shall be required to elect to proceed for such number of takings not exceeding three as
appear to have taken place within the period of six calendar months from the first to
the last of such takings.
Coin and bank
notes may be 12. In every information in which it is necessary to make averment as to any
described as
money. money or any note of any bank, it shall be sufficient to describe such money or bank
note simply as money, without specifying any particular coin or bank note, and such
allegation shall be sustained as regards a description of the property by proof of any
amount of coin or any bank note, although the particular species of coin of which such
amount was composed or the particular nature of the bank note be not proved ; and in
cases of embezzlement and obtaining money or bank notes by false pretences, by proof
that the defendant embezzled or obtained any piece of coin or bank note, or any portion
of the value thereof, although such piece of coin or bank note may have been delivered
to him in order that some part of the value thereof should be returned to the party
delivering the same, or to any other person , and such part shall have been returned
accordingly.
Form of indict
ment for perjury, 13. In every information for perjury or for in any form or way giving false testi
mony, it shall be sufficient to set forth the substance of the offence charged upon the
defendant, without setting forth the commission or authority of the Court or person
before whom such offence was committed ; and in every information for subornation of
perjury , or for procuring or attempting to procure any person to give false testimony
in any form or way, it shall be sufficient if the perjury or other offence has been
committed by the person perjured or who gave false testimony to allege the offence
committed, and then to allege that the defendant unlawfully and wilfully did procure
the said person the said offence in manner and form aforesaid to commit ; and if the
perjury or other offence has not been committed, it shall be sufficient to set forth the
substance of the offence charged.
What defects
shall not vitiate 14. No information shall be held insufficient for want of the averment of any
indictment.
matter unnecessary to be proved, nor for the omission of the words " as appears by the
record," " with force and arms ," " against the peace," nor for the insertion of the
words " against the form of the statute " instead of against the " form of the statutes,"
or vice versâ, nor for that any person mentioned in the information is designated by a
name of office or other descriptive appellation instead of his proper name, nor for
omitting to state the time at which the offence was committed in any case where time
is not of the essence of the offence, nor for stating the time incorrectly, nor for want
of a proper venue, nor for want of a proper or formal conclusion, nor for want of or
ORDINANCE No. 4 OF 1852. 271
Criminal Procedure.
imperfection in the addition of any defendant, nor for want of the statement of the
price or value of any thing, or the amount of damage or injury where the price or value
or the amount of damage or injury is not of the essence of the offence ; and every
objection to any information for any formal defect apparent on the face thereof shall
be taken by motion to quash such information before the jury shall be sworn, and not
afterwards .
15. And whereas it was enacted by Regula Generalis, 1st March, 1817, section 41 , Ten days' notice
of trial, hitherto
that every defendant shall have at least ten days ' notice of trial, and it has been found necessary, reduc
ed to five.
that the making such length of notice imperative is attended by more inconvenience
than benefit to defendant, be it therefore further enacted, that such period of ten days
shall be reduced to five days, and that every defendant in custody at the opening or
during the sitting of the sessions shall and may be tried thereat if so desirous, and no
special objection be made thereto on the part of the Crown.
16. In any plea of autrefois convict or autrefois acquit it shall be sufficient for any Provision as to
plea of autrefois
defendant to state that he has been lawfully convicted or acquitted (as the case may be) acquil or convict.
of the said offence charged in the information .
17. Whenever any person shall be convicted of any one of the offences following, Punishment for
certain indict
as an indictable misdemeanour ; that is to say, any cheat or fraud punishable at common able misdemean
ours.
law ; any conspiracy to cheat or defraud , or to extort money or goods, or falsely to accuse
of any crime, or to obstruct, prevent, pervert or defeat the course of public justice ; any
escape or rescue from lawful custody, on a criminal charge ; any public and indecent
exposure of the person ; any indecent assault, or any assault occasioning actual bodily
harm ; any attempt to have carnal knowledge of a girl under ten years of age ; any
public selling, or exposing for public sale or to public view, of any obscene book, print,
picture, or other indecent exhibition , it shall be lawful for the Court to sentence the
offender to the imprisoned for any term now warranted by law, and also in its discretion
to be kept to hard labour during the whole or any part of such term of imprisonment .
18. In the construction of this Ordinance, the word " Information " shall be Interpretation of
terms.
understood to include " Indictment " " Inquisition " and " Presentment," as well as
"Information," and also any " Plea," "Replication," or other pleading ; and the terms
.
" Exhibiting " of an " Information," shall be understood to include " the Taking of an
Inquisition " finding an indictment, and " the Making a Presentment ; " and wherever
in this Ordinance, in describing or referring to any person or party, matter or thing,
any word importing the singular number or masculine gender is used, the same shall
be understood to include and shall be applied to several persons and parties as well as
one person or party, and females as well as males, and bodies corporate as well as
individuals, and several matters and things as well as one matter or thing ; and the
word " Property " shall be understood to include goods, chattels, money, valuable
securities, and every other matter or thing whether real or personal, upon or with
respect to which any offence may be committed.
[ Repealed by Ordinance No. 3 of 1865.]
272 ORDINANCES Nos. 5 AND 6 OF 1852.
Capias ad Respondendum in absence of Chief Justice. Desertion of Seamen.
No. 5 of 1852 .
Title. An Ordinance to provide for the Issue of the Writ of Capias ad Respon
dendum during the Illness or temporary Absence of the Chief
Justice or Acting Chief Justice of the said Colony.
[ 11th August, 1852. ]
Chief Justice in HEREAS it is expedient to make provisions for the issue of such writs in
certain cases to
depute Registrar W pursuance of the twenty-fourth section of the Colonial Ordinance No. 6 of 1845,
&c. toissue writs
of capias ad res
pondendum . during the illness or temporary absence of the Chief Justice or Acting Chief Justice of
the said Colony : Be it therefore ordained by His Excellency the Acting Governor of
Hongkong, with the advice of the Legislative Council thereof, that in case of the
illness or temporary absence of the person filling for the time being the office of the
Chief Justice of this Colony, it shall be lawful for such person to depute in writing the
Registrar or Acting Registrar of the said Supreme Court to issue, if occasion require,
any such writs of capias ad respondendum in pursuance of the twenty- fourth section of
Ordinance No. 6 of 1845, during such illness or temporary absence.
[ Repealed by Ordinance No. 4 of 1887. ]
No. 6 of 1852.
Title. An Ordinance for the Prevention of Desertion , and better Regulation of
Merchant Seamen in this Colony.
[ 6th November, 1852. ]
Preamble. HEREAS serious complaints have been lately made of the frequent desertion of
W" merchant seamen, and it is expedient that further measures be taken for the
prevention thereof : Be it therefore enacted and ordained by His Excellency the Acting
Governor of Hongkong, with the advice of the Legislative Council thereof, as follws :
Ordinances 13 of 1. That the Ordinance No. 13 of 1845 , entitled " An Ordinance to establish a
1845, 4 of 1846,
and 2 of 1848, re licensed Ghaut Serang in the Colony of Hongkong, and for the better Regulation of
pealed.
Lascars resorting thereto," and the Ordinance No. 4 of 1846, entitled " An Ordinance
to explain and extend the Provisions of the Ordinance to establish a licensed Ghaut
Serang in the Colony of Hongkong, and for the better Regulation of Lascars resorting
thereto ; " and the Ordinance No. 2 of 1848, entitled " An Ordinance to amend the
Ordinance No. 13 of 1845, entitled ' An Ordinance to establish a licensed Ghaut Serang
in the Colony of Hongkong, and for the better Regulation of Lascars resorting
thereto ;' "-be and the same hereby are repealed.
ORDINANCE No. 6 OF 1852 . 273
Desertion of Seamen.
2. And that whenever any seaman shall be discharged from any vessel within the Master shall give
to seaman dis
charged in Colo
precincts of this Colony, the master of such vessel shall give at the time of such ny certificate of
discharge, and if
discharge to such seaman a written certificate of discharge, specifying the time and required, an ac
count ofwages.
nature of service, and the time of discharge of such seaman , signed by himself ; and if
such seaman require it, shall further give him, within twenty-four hours after demand ,
a true account in writing of the wages of such seaman , and of all deductions therefrom.
3. That Ordinance No. 4 of 1850 be extended in all its provisions to British Ordinance 4 of
1850 extended to
British vessels
seamen and vessels within the harbour of Hongkong , as well as to the seamen and within Colony.
vessels of Foreign Nations.
4. And whereas by a regulation now in force, merchant seamen are not allowed Regulation as to
tickets of leave,
to land on leave unless furnished with tickets of leave, such regulation is hereby con and form thereof.
tinued, and it is further enacted that such tickets shall be according to the following
form :
HONGKONG, the day of 185 .
The bearer of this (man's name ) belonging to the ship (name of the ship) has permission to remain
on shore for the space of (number ofhours) . Permission granted at o'clock (A.M. , or P.M.)
A.B.-Master;
which form shall be publicly and conspicuously posted in the Harbour Master's office ;
and any seaman found on shore without such ticket or with a false ticket , or after his
period of leave shall have expired , may be taken into custody without warrant by any
constable , or by the master or person in charge of the ship to which such seaman
belongs , or by any person specially deputed in writing for such purpose by such master ,
or such person in charge, and conveyed before a Magistrate , who may order such
seaman to be taken on board his ship, and inflict on him a fine not exceeding ten
shillings to be paid by the seaman , or the master of his ship on account of such seaman .
5. That no seaman shall be discharged from an English ship or any foreign ship Astothe
discharge
and shipping
whose flag is not represented by a Consular officer resident in the Colony elsewhere of seamen.
than at the Harbour Master's office, and that every seaman discharged from a foreign [See Ord. No. 1 of
1862, s. 8.]
ship so represented shall, within twenty-four hours of being discharged at the office of
his Consul or Vice- Consul, produce to the Harbour Master or some person deputed by
him a certificate of his discharge, signed by such Consul or Vice- Consul ; and no seaman
shall be shipped either for an English or a foreign ship, elsewhere than at the office of
the Harbour Master, who shall charge for every seaman shipped a fee of one dollar,
such fee to be paid in the first instance by the master of the ship shipping such seaman ;
and such master shall deduct the same from the wages of the seaman shipped ; and in
every instance of a seaman being shipped the Harbour Master or such deputy as
aforesaid shall grant a certificate of shipment, and before granting such certificate , shall
require such seaman to lodge with him his certificate of discharge from the last ship ,
and failing the production of such certificate such seaman shall be bound to give
satisfactory explanation to the Harbour Master of the cause of the non-production
thereof,
274 ORDINANCE No. 6 OF 1852 .
Desertion of Seamen.
As to the 6. That the Harbour Master having obtained the sanction of the * Chief Magistrate
establishment
and regulation of Police, in every case shall have power to license a sufficient number of fit and pro
of boarding
houses.
[* Ord. No. 6 of per persons to keep boarding-houses for seamen, and every such licence shall be coun
1862.]
tersigned by the Colonial Secretary, and shall be granted for such period not exceed
ing one year, and upon such terms and security, and shall be renewable upon such
conditions, as the said Colonial Secretary may appoint ; and it shall be lawful for the
said Colonial Secretary to demand for every such licence an annual fee of five pounds.
sterling , or at the rate thereof according to the term of such licence ; and every such
house shall be for the reception of such number of seamen only as shall be expressed
in the licence, and shall not be granted until there have been constructed in the house
to be licensed a suitable room or cabin for each boarder, and a general room of suffi
cient size wherein the boarders may dine and sit ; and no such boarding-house shall
be a house licensed for the sale of spirituous or fermented liquors, nor shall any charge
for spirituous or fermented liquor be allowed in any account for the amount of which
any seaman may be indebted or stated to be indebted to any person, and such board
ing-house shall be separated by at least one intervening house on either side of it from
any house licensed for such sale as aforesaid , and every such boarding-house shall be
open at all times to the visit of any Magistrate, or of the Harbour Master, or of any
constable specially appointed for the general service of visiting such houses. And the
Harbour Master may refuse to grant any such licence, and may limit the number and
description of seamen to be boarded in each house, and may make rules (subject
however as to this and all other powers vested in him by this Ordinance, to the control
of the Governor) for the government of such houses, and regulate the charge to be
made for board and lodging ; and a copy of such rules in English, Spanish , Portuguese,
Hindostanee, and Chinese, shall be hung up in each house for the inspection of the
inmates ; and the infraction of any one of such rules shall subject the offender in every
instance to a penalty not exceeding five pounds sterling, and for a second offence may
deprive the offender, if the keeper of such house , of his licence as an additional punish
ment.
Penalty for 7. And that if any person not having obtained a licence for keeping a boarding-
keeping an
unlicensed
boarding-house. house for seamen shall keep one, he shall be liable to a penalty not exceeding the sum
of twenty pounds ; and that the fact of more than one seaman boarding or lodging in the
house of any person, shall be prima facie proof of the keeping of a boarding-house for
seamen by such person . But nothing in this Ordinance contained shall be construed
to prevent any seaman from having the whole or any part of any unfurnished house for
the residence of himself or his family, and boarding himself therein ; and nothing
herein contained with reference to boarding-houses shall apply to licensed retailers of
spirituous or fermented liquors until the time of their present licences shall have
expired.
Duties of board 8. That every keeper of a boarding-house for seamen shall cause daily to be entered
ing-house
keepers with in a book in English, the name and description of each additional seaman who has on
respect to lists,
returns, &c., &c.
of their inmates. that day come to board or lodge at his house, and the name of each seaman who has
ORDINANCE No. 6 OF 1852 . 275
Desertion of Seamen.
left his house on that day after being a lodger or boarder therein, and such other
particulars as the Harbour Master may direct ; and every keeper of a boarding-house
shall, before ten o'clock in the morning of Monday, Wednesday, and Friday in each
week, send to the Harbour Master's office a list copied from his book of the seamen on
that day boarding or lodging in his house, and of those seamen boarders or lodgers who
left his house on any or either of the intermediate days , and shall also particularize in
such list those seamen who wish for immediate employment, and place opposite to the
names of those last named, the names of the ships from which they were last discharged ;
and the Harbour Master shall keep the lists so furnished to him constantly in view,
and in a conspicuous part of his office for the convenience of masters of ships requiring
men, and shall also post in a similar manner, if required so to do , such notices for the
supply of men by masters of ships as the said masters shall furnish .
9. Provided always that nothing in this Ordinance contained shall prevent masters Masters and
mates may board
and lodge else
or mates of ships from boarding or lodging elsewhere than at licensed boarding-houses . where, than in
such houses.
10. That no seaman who shall have been actually shipped by the Harbour Master No seaman ship
ped under this
Ordinance shall,
or his deputy on board any vessel in compliance with this Ordinance, shall, during the during the term
for which he is
time for which he is then shipped, be liable to be arrested on civil process, unless the shipped, be liable
to arrest on civil
debt or demand shall exceed the sum of five hundred dollars ; provided always that by process, in cer
tain cases.
the term seaman in this section shall be meant only a person who has within the space of
one year previously served on board a ship for wages as a seaman, and that the
protection from arrest hereby granted shall not be held to extend to any person or
persons not coming within such definition.
11. That the Harbour Master, or person deputed by the Harbour Master for that Harbour Master
or deputy may
purpose, before granting a port clearance to any ship, may, if he have reasonable grounds require, before
granting a port
clearance to a
for belief that any deserter from a merchant vessel be concealed on board of such vessel, the master
thereof to search
vessel, proceed on board of such vessel and then and there require the master thereof for suspected de
serters, and to
to institute due and diligent search for such deserter, and further, if he deem it make declaration
of such search.
necessary, require the said master to make oath or solemn declaration that to the best
of his knowledge and belief, after due and diligent search, no such deserter is concealed
within or about his ship ; and any master of a vessel refusing or unnecessarily delaying
to comply with such requisition or requisitions of the Harbour Master, or such deputed
person, shall be liable upon conviction before any Magistrate to a fine not exceeding Penalty for not
complying with
forty pounds sterling, and to imprisonment until such fine be paid. such request.
12. That any person who shall forge or alter any ticket, certificate, document, or Penalties for
forging of docu
matter or thing named in this Ordinance, shall be liable to be imprisoned for a term ments, and for
false descriptions
and statements.
not exceeding three months with hard labour ; and any seaman or other person who
shall give a false description of his services, or shew, or make, or procure to be made,
any false character, or shall make false statements as to the name of the last ship in
which he served, or as to any other information which may be required of him by any
person having lawful authority to demand such information , shall be liable to a penalty
not exceeding ten pounds sterling.
276 ORDINANCES No. 6 OF 1852 AND No. 1 OF 1853.
Desertion of Seamen. Gaol Regulation.
Manner of reco 13. That where no other mode has been provided, all pecuniary fines under this
vering penalties.
Ordinance shall be recoverable before any one Magistrate on summary proceeding, and
if such fine be not paid, the amount thereof, with costs, if any, shall be levied on the
offender's goods and chattels ; or if the offenders fail to point out sufficient goods and
chattels whereon to levy, suchoffender may be imprisoned for a term not exceeding
three months, and the Magistrate before whom the case may be heard, may award the
whole or any part of the fine as a compensation for injuries sustained, or as a reward
to any person who may have been active in the apprehension of the offender.
➖➖➖
Where no special 14. That any infringement of the provisions of this Ordinance not provided for
penalty provided
for infringement by any special penalty, shall subject the offender to a penalty not exceeding ten pounds
ofthis Ordinance,
one not exceed
ing £10, leviable. sterling, and that no conviction under this Ordinance shall be quashed for want of
Provision as to
want of form on form, or be removed by certiorari into the Supreme Court, and no warrant of committal
conviction or
warrant ; and as shall be held void by reason of any defect therein, so that there be a good and valid
to certiorari.
conviction to sustain the same.
Application of 15. That the fees levied under this Ordinance be accounted for by the Harbour
fees.
Master or any other person receiving the same to the Colonial Governme
nt in the
usual way , and that such fees be applied in making the Water Police of the harbour
of Hongkong a more numerous and effective body , in adding if necessary to the estab
lishment attached to the Harbour Master's office, and towards providing for the relief
of sick seamen in such manner as shall seem proper to the Governor and the Executive
Council.
[ Repealed by Ordinance No. 8 of 1879. ]
No. 1 of 1853.
Title. An Ordinance for the Regulation of the Gaol of Hongkong.
[ 20th September, 1853. ]
Preamble. HEREAS it is desirable that certain rules prescribed for the government of the
W gaol of Hongkong receive the sanction of a Legislative enactment, that certain
penalties be provided for the breach of such rules, and that provision be made for their
future modification and improvement : Be it therefore enacted and ordained by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
ORDINANCE No. 1 OF 1853 . 277
Gaol Regulation.
1. The rules now in use for the regulation of the gaol at Hongkong shall continue Gaol rules now
in use to con
tinue.
in force until modified as hereinafter provided, and a copy of the said rules shall be Copy of rules to
be hung up in
continually displayed within the said gaol in some conspicuous place where they may gaol.
be with facility seen and read by the inmates of the said gaol, and a copy shall also be
appended to the Justices' Visiting Book in the said gaol .
2. Any three Justices of the Peace for the said Colony having met together for Any three Jus
tices of the
the purpose of considering any proposed modification of the said rules, having also Peace may
amend rules.
previously given notice of their intention to the sheriff and to the other Justices of the
Peace then in the Colony, may alter or add to such rules , sending forthwith to His
Excellency the Governor a copy of such alterations, or additions ; and such alterations
or additions shall be of equal force with the former rules until His Excellency the
Governor in his Legislative Council shall signify his disapprobation of them, whereupon
the said alterations and additions shall be of no force or effect : Provided that it shall
not be in the power of the said Justices to impose any greater penalties for any breach
of any prison rule than are hereby provided.
3. It shall be lawful for the sheriff to punish by imprisonment in a solitary or Power of sheriff
to punish re
refractory cell for not exceeding three days, on bread and water, or rice and water, (or if fractory prison
ers.
the prisoner be under conviction of felony, to punish by moderate corporal punishment
not exceeding twelve strokes) , any prisoner whom he may find after due investigation
to have been guilty of any of the following offences, or of any breach of prison
regulation or discipline :
Assault and battery.
Profane cursing, or swearing, or using indecent language .
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work, or wilful damage or mismanagement of it.
Wilful damage to any cell, ward, or room , or to any gaol furniture or property
whatever.
4. If a prisoner be guilty of any of the above offences, or of a breach of gaol Powers of sherift
and Justices of
regulations or discipline for the due punishment of which the sheriff may deem the the Peace where
those of sheriff
are insufficient.
powers vested in him insufficient, it shall be lawful for the sheriff in conjunction with
any Justice of the Peace for the said Colony, after due inquiry, to punish such prisoner
by close or solitary confinement, on bread and water, or rice and water, for not
exceeding fourteen days ; or if the prisoner be under conviction for felony or have
within three months next previous been guilty of a similar offence, by personal
correction not exceeding thirty- six strokes.
5. Any person who shall convey, or cause to be conveyed into any prison, or in Assisting pri
soners to escape.
any manner to or within the reach of any prisoner whether within the gaol walls or
without, any disguise, instrument, or arms to facilitate the escape of any prisoner,
shall, on conviction before the Petty Sessions, be subject to imprisonment with hard
labour for a period not exceeding six months . Provided nothing herein contained
shall be deemed or taken to prevent such person from being proceeded against by
indictment-if thought necessary.
278 ORDINANCE No. 1 OF 1853.
Gaol Regulation.
Supplying pri 6. If any person shall introduce into any prison, or wilfully convey in any manner
soners with pro
hibited articles.
to or within the reach of any prisoner whether within or without the gaol walls, any
intoxicating drink, tobacco, opium, letters , or other thing whatsoever, without the
consent of the gaoler, he shall pay a penalty of not exceeding five pounds sterling to
be recovered in a summary manner before any Justice of the Peace under the provisions
of Ordinance No. 10 of 1844.
Prisoners not 7. If any prisoner have been released from confinement under any conditional
complying with
the terms of a pardon granted by His Excellency the Governor, and have failed to fulfil such conditions,
conditional par
don may be re
committed. it shall be lawful for any gaoler or constable to apprehend the said prisoner, and to
convey him together with the original warrant of commitment before any Justice of
the Peace, and such Justice, on being satisfied that the conditions of release have not
been complied with, may in his discretion record a minute of the same on the warrant ;
after which the warrant shall have the same force and effect as if such pardon or
remission had not been granted ; but the Justice shall in every such case report his
proceedings to His Excellency the Governor.
What descrip
tion oflabour 8. When any Magistrate or Court shall sentence a prisoner to hard labour, this
to follow certain
sentences ofthe ' shall be understood to mean hard labour (in chains if necessary) within or without
Courts ofJusti
ce. the prison walls, in such mode as the gaoler under the sanction of the sheriff may
appoint ; and if a prisoner be sentenced to hard labour within the prison , this shall be
understood to mean similar labour imposed in a similar manner within the prison
walls ; and if a prisoner be sentenced to imprisonment, this shall be understood to
mean imprisonment with labour of such light description within the prison walls as
may be appointed by the gaoler under the sanction of the sheriff ; and persons charged
with any crime or offence, confined for want of sureties, shall be under the same re
gulations as te labour as those sentenced to simple imprisonment, and if prisoners for
debt, or on civil process, or under committal for trial, shall request to be employed in
labour, the gaoler may, with their consent, employ them in such work as may seem to
him suitable.
Indemnity 9. No action or proceeding at law shall be brought against any sheriff, gaoler, or
clause.
other officer of the said gaol for any act heretofore done by them, or any of them in
enforcing discipline therein.
[ Repealed by Ordinance No. 4 of 1863. ]
NOTE.-Regulations for the government of the Victoria Gaol appear to have been
made and approved under this Ordinance on the 11th May 1857 and
25th June 1857, respectively, but not to have been gazetted.
ORDINANCES Nos . 2 AND 3 OF 1853. 279
Aliens. Chinese Tepos.
No. 2 of 1853.
An Ordinance for the Removal of Doubts regarding the Right Title .
of Aliens to hold and Transfer Property within the Colony
of Hongkong.
[ 17th November, 1853. ]
HEREAS doubts have arisen regarding the right of aliens to hold Preamble.
WE
and transfer property within the Colony of Hongkong : Be it
therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, in pursu
ance of the Act made and passed at a session holden in the tenth and
eleventh years * of the reign of Her Majesty, intituled " An Act for the [ Cap. 83. ]
" Naturalization of Aliens , " and of the power inherent in the said Governor
and Council : ―
1. That it shall be lawful for any alien, and he or she is hereby Aliens
entitled to
declared entitled , by grant, conveyance, lease, assignment, or bequest , or acquire and
hold lands in
otherwise, to take, acquire, hold and possess, any lands or other immov the Colony.
able property situated in this Island ; and the said lands or other property
as aforesaid to sell , transfer, assign , or bequeath, to any other person, as And to sell.
transfer,
fully and effectually to all intents and purposes, and with the same rights, assign, or
bequeath the
remedies, exemptions , and privileges, as if he or she were a natural born same.
subject of Her Majesty residing in this Island .
2. And that every such grant, conveyance, lease, assignment , or Acts hereto
fore done by
bequest, sale, transfer, or other act heretofore made or done by or with aliens to be
valid.
any such alien , shall be deemed in law as valid and effectual as if it had
been made or done by or with any natural born British subject .
No. 3 of 1853 .
An Ordinance to extend the duties of Chinese Tepos appointed under Title.
Ordinance No. 13 of 1844 ; to determine their emoluments ; and to
provide for the amicable settlement of civil suits among the Chinese
Population of Hongkong.
[ 2nd December , 1853. ]
HEREAS disputes occasionally arise among the Chinese population of this Co Preamble.
W lony which might be more conveniently and amicably settled by the tepo,
aided by the respectable Chinese inhabitants, than before an English tribunal ; and
whereas with a view to make the tepos of the several districts of the Colony more
280 ORDINANCE No. 3 OF 1853 .
Chinese Tepos.
efficient, and to extend their usefulness, it is desirable that the voluntary fees now paid
by Chinese householders for the support of the said tepos be made rateable and com
pulsory : Be it enacted and ordained by His Excellency the Governor of Hongkong ,
with the advice of the Legislative Council thereof, as follows :
Ordinance to 1. Whenever the majority of rate-payers in any district for which a tepo has been
take effect by
proclamation of
the Governor, on appointed under the said Ordinance No. 13 of 1844, shall, by petition to the Governor,
petition of majo
rity of rate-pay declare their wish to adopt the provisions of this Ordinance, the Governor may by pro
ers .
clamation declare that this Ordinance shall be in force in the said district ; and before
such proclamation this Ordinance shall not apply to any such district .
Rate-payers to 2. After proclamation so made, the rate-payers of the said district shall elect from
elect assessors.
among themselves not less than five nor more than twelve persons , whose names they
shall submit to the Governor for his approval, and after approval such persons shall ,
for one year from the date of such approval, and afterwards until their successors be
chosen, become assessors of the district : And should a less number than twelve be
chosen and approved , the Governor may nominate fit persons to fill the vacancies.
The Governor may also from time to time direct that any vacancy occurring
afterwards among the said assessors be filled in like manner by election and approval,
and in default of election within a time to be fixed by him, may himself nominate
persons to fill the vacancies.
Assessorsto 3. The assessors so approved and nominated shall by a majority of votes choose
choose tepo.
one of their number to be tepo, and such person after approval by the Governor shall
be tepo of the district for one year from the date of such approval, and afterwards until
his successor be chosen . Provided that nothing herein contained shall be held to
circumscribe the power of appointing such tepo, possessed by the Governor under
section 2 of the said Ordinance No. 13 of 1844 .
Mode of election. 4. The election of assessors and tepo shall take place not oftener than once a year,
Qualification of at such time and in such manner as the Governor may determine, and the qualification
electors and as
sessors. for an elector or assessor shall be the previous occupation during one year immediately
preceding the election of a tenement rated to the Police tax, and the payment of all
arrears to the said tax : And all disputes as to qualification or the mode of election
shall be determined by the Chief Magistrate .
Assessors to fix 5. The majority of assessors may from time to time, not being oftener than once
salary of tepo.
in the year, by petition to the Governor declare what salary they consider it necessary
Expense how to that the tepo should receive, and the Governor may thereupon authorize the said asses
be defrayed .
sors to levy on the annual value (as assessed to the Police tax) , of all premises in the
occupation of Chinese tenants, a rate per cent sufficient to defray the amount of such
Application of salary : and from the money so raised the assessors shall pay the salary to the said
surplus funds.
tepo, reserving the remainder, if any, for such other purposes of public utility as the
Governor may sauction . And the Chief Magistrate may enforce the payment of the
said rate by distress and sale of the goods and chattels found on the premises of the
defaulter, in the manner provided by Ordinance No. 2 of 1845, for the enforcement of
the payment of Police rates.
ORDINANCES Nos. 3 AND 4 OF 1853. 281
Chinese Tepos. Spirits- Opium.
6. If any person have a complaint against a Chinese he may apply for redress to Chinese causes,
with consent of
the tepo of the district, who shall use his best endeavour to obtain an amicable settle plaintiff and de
fendant, may be
referred for deci
inent thereof. Failing such settlement he shall ask the plaintiff and defendant in the sion to tepo of
the district.
case, whether they are willing that he should determine the dispute assisted by asses Parties to declare
before a Magis
sors ; and should the parties consent to such determination, they shall , if resident within trate their full
consent to the
the limits of the city of Victoria, thereupon sign before some Justice of the Peace a reference.
declaration of their consent. The tepo shall then summon all the assessors to his as
sistance ; and shall proceed to hear and determine the case, not less than three assessors Tepo may then
decide, with the
being present during the proceedings ; and the decision of the majority of the assessors assistance of
three assessors.
present, (the tepo voting as an assessor and having also the casting vote) , shall be Assessors may
notwithstanding,
refer the parties
binding upon the parties : but the assessors instead of coming to a decision may , if they to the proper
English tribunal.
think it proper, refer the matter for the decision of the proper English tribunal.
7. The decision so given by the tepo and assessors shall be reported in writing by Decision of the
tepo and asses
the tepo to the Chief Magistrate, who , upon being duly called upon so to do, and upon sors how enforc
ed.
being satisfied that the parties voluntarily submitted their dispute for determination
in this manner, shall enforce the judgment by distress and sale of the goods and chattels
of the defaulter, and failing these, by imprisonment not exceeding six months. Pro
vided that , if the judgment appear to him on the face of it to be manifestly erroneous
or unjust, he may refuse to enforce it, and may remit the case to be re-heard by the
tepo and assessors, or to be re-heard by the proper English tribunal.
8. Nothing herein contained shall be held to give to such tepo or assessors juris Ordinance to ap
ply to civil causes
diction over any criminal cause, or to prevent any person from bringing his complaint only.
in the first instance before any English Court having jurisdiction therein .
[Repealed by Ordinance No. 6 of 1857. ]
No. 4 of 1853 .
An Ordinance to Amend Ordinances Nos. 11 of 1844 and 5 of 1845 , and Title.
to improve the Regulations for the Sale of Spirituous Liquors by
Chinese, and the Regulations for the Retail and Preparation of Opium .
[ 22nd December, 1853. ]
HEREAS the Ordinance No. 11 of 1844, regulating the sale of spirituous Preamble
W liquors , has been found inconvenient in its application to Chinese dealers, and
doubts have arisen as to the construction of the regulations for the retail of opium
made by His Excellency the Governor on the 19th July, 1847, in pursuance of the
provisions of Ordinance No. 5 of 1845 : Be it enacted and ordained by His Excellency
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
282 ORDINANCE No. 4 OF 1853 .
Spirits- Opium.
Certain provi 1. So much of the said Ordinance No. 11 of 1844 as refers to the mode of granting
sions of Ordi
nance No. 11 of
1844 as to the licences, and as prohibits the sale of spirituous liquors where a retail shop for the sale
mode ofgranting
licences, &c., not of other articles is kept, shall not apply to Chinese licensed to retail spirituous liquors.
to apply to under this Ordinance .
Chinese.
Superintendent 2. Any Chinese requiring a licence to retail spirituous liquors to Chinese only
of Police to grant
licences to sell may apply to the Superintendent of Police, or such other officer as the Governor may
spirituous liquors
to Chinese only.
from time to time appoint for this purpose, who, on being satisfied that the applicant
is a proper person to receive such licence and on payment of the established fee into
the Colonial Treasury may grant a licence in the form laid down in schedule A. which
licence shall not take effect until it has been countersigned by the Chief Magistrate.
Former opium 3. The said regulations for the retail of opium, made on the 19th July, 1847, be
regulations
annulled. and the same are hereby annulled .
Opium not to be 4. If any person shall, without licence, sell or barter raw opium in any quantity
retailed or pre
pared without a less than one chest, or prepare opium in any quantity, or sell or barter prepared opium
licence.
in any quantity, or keep a smoking divan, he shall be liable to a penalty not exceeding
five hundred dollars.
Prohibition 5. If any person not licensed to retail raw opium shall import into the Colony
against importa
tion by
unlicensed raw opium in smaller quantity than one chest, or receive into his possession any such
dealers.
raw opium so imported , or if any person not licensed to prepare opium, or to sell pre
pared opium shall import into the Colony prepared opium in any quantity, or receive
into his possession any such prepared opium so imported, he shall be liable to a
penalty not exceeding five hundred dollars .
Superintendent 6. Any person requiring a licence to retail opium, or to prepare opium or to sell
ofPolice may
grant licences to prepared opium, or to keep a smoking divan, may apply to the Superintendent of Police,
retail or prepare
opium.
or such other officer aforesaid, who, on being satisfied that the applicant is a proper
person to receive such licence, and on payment of the established fee into the Colonial
Treasury shall grant a licence in the form laid down in schedule B, which licence shall
not take effect until countersigned by the Chief Magistrate.
Superintendent 7. The Superintendent of Police may require that all persons licensed hereunder
of Police may
require licence
holders to make exhibit in front of the premises licensed their names and the number and nature of
certain returns ,
and may their licence, in a form to be determined by him . He may also, by inserting a special
establish rules for
the preservation clause in the licence, require all licensed persons to send in a monthly return of the
oforder in
smoking divans. quantities of opium or spirituous liquors retailed , sold or prepared by them. He may
also insert in the licences for keeping smoking divans the hours during which the
divans shall be open, and any other rules appearing to him necessary for the
preservation of good order therein.
Penalties for 8. If any holder of a licence shall offend against the tenor of his licence be
offences against
licence. shall be liable to pay a fine not exceeding one hundred dollars , and for a second offence
the convicting Magistrate may in addition annul the licence.
ORDINANCE No. 4 of 1853 . 283
Spirits- Opium.
9. No person shall receive in exchange or pledge for opium sold by retail, any Opium to be cx
changed for
article of clothing or implement of trade, or other such thing but only the current coin money only.
of this Colony.
10. Any Magistrate on being credibly informed that any spirituous liquor or Search warrant
may be granted
opium is in any ship, boat or place for the purpose of being unlawfully retailed, sold , for seizure of
liquor or opium
intended to be
or prepared or having been unlawfully imported may issue his warrant to search such unlawfully re
tailed.
place and bring before him such liquor or opium, and may adjudge to be forfeited to
the Crown any opium or liquor so found that appears to him to have been in such
place for the purpose of being unlawfully retailed , sold , or prepared or to have been
unlawfully imported and the proof that such opium or liquor was in such place lawfully
and for a lawful purpose shall lie upon the person in whose possession or on whose
premises such opium or liquor was found.
11. The fees charged on licences shall be those laid down in schedule C. What fees to be
charged.
12. If a licensed person shall omit to pay at the appointed time the fee due upon Fees not paid
may be levied by
his licence, any Justice of the Peace, on complaint made, may levy the amount due distress.
by sale of the property of the defaulter.
13. This Ordinance shall not apply to licences now in force. Not to apply to
existing licences.
14. The penalties and forfeitures in this Ordinance may be adjudged by any Penalties how
recoverable.
Magistrate of Police or any two Justices of the Peace, in the manner provided by
Ordinance No. 10 of 1844.
SCHEDUDE A.
No.
LICENCE TO RETAIL SPIRITUOUS LIQUORS TO CHINESE ONLY.
OFFICE OF THE SUPERINTENDENT OF POLICE,
Hongkong, 185
[ A.B.] of [ insert the applicant's native place,] [ insert the calling of the applicant, ] is hereby
licensed to retail spirituous liquors to Chinese only, under the provisions of Ordinance No. 4 of 1853 on
the premises known as [ insert the number of the house, name of the street, and description ofthe pre
mises.]
This licence will remain in force until the close of the current year ending on
185. A fee of dollars is to be paid at the Colonial Treasury
on the day of each month, until the expiration of the term, and in default of payment will
be levied on the property of the defaulter.
If spirituous liquor be sold to any other person than a Chinese the licence holder will incur a
penalty not exceeding $ 100 , and for a second offence his licence may in addition be annulled .
[C. D.]
Countersigned Superintendent ofPolice.
[ E. F]
Chief Magistrate.
On the day of 185. received the fee of $9.
[G. II.]
Colonial Treasurer.
[ This receipt to be repeated monthly.]
284 ORDINANCES No. 4 OF 1853 AND No. 1 OF 1854.
Spirits- Opium. Police Rate.
SCHEDULE B.
No.
LICENCE TO [ retail raw opium] [ or to prepare opium, and sell prepared opium,] [ or to keep a
smoking divan.]
OFFICE OF THE SUPERINTENDENT OF POLICE,
Hongkong, 185
[ A. B. ] of [ insert native place.] [ insert calling ] is hereby licensed to [as the case may be] under the
provisions of Ordinance No. 4 of 1853 on the premises known as [ describe the premises mentioning the
number of the house and the name ofthe street.]
This licence will remain in force until the close of the current year ending on 185 •
A fee of dollars is to be paid at the Colonial Treasury on the
day of each month, until the expiration of the term, and in default of payment will be levied on the
property of the defaulter.
[ C. D.]
Countersigned Superintendent ofPolice.
[E. F.]
Chief Magistrate.
On the day of 185 received the fee of $
[G. H.]
Colonial Treasurer.
[ This receipt to be repeated monthly.]
SCHEDULE C.
Fees payable on Licences.
For the retail of spirituous liquors .$ 9
********
29 "" retail of raw opium ..... .$30
Per month in advance.
,, preparing opium, or selling prepared opium, or both .$20
keeping a smoking divan .$ 10
[ Repealed by Ordinance No. 7 of 1858 : See also No. 2 of 1858.]
No. 1 of 1854.
Title. An Ordinance to raise an additional Police Rate.
[ 30th May, 1854. ]
Preamble. WHEREAS it is necessary that for a temporary period an Auxiliary Police Force
W should be kept on foot and maintained in this Colony for the preservation of
the lives and property of the inhabitants thereof :
A rate ofthree 1. Be it therefore enacted and ordained by the Honorable the Lieutenant- Gov
per cent to be
levied forthwith ernor Administering the Government of Hongkong, with the advice of the Legislative
for the main
tenance of Council thereof, that to defray the expenses of raising and maintaining an Auxiliary
an Auxiliary
Police. Police Force in this Colony in addition to the ordinary Police rate assessed for the
current year a rate be forthwith levied of three per cent on the gross amount of the
ORDINANCES Nos . 1 AND 2 OF 1854. 285
Police Rates. Markets.
property included in the Police rate assessment, and that the amount so levied be
applied by the Officer Administering the Government of the Colony for the time being
in and about the maintenance of the Auxiliary Police Force at his discretion .
2. That if at the expiration of three months from the passing of this Ordinance the An additional
rate of three per
Officer Administering the Government of this Colony for the time being shall deem it cent may be
levied if needed
necessary for the express purposes of this Ordinance and for no other that a like sum at the expiration
of three months
from the passing
of three per cent should be levied, it shall be lawful for such officer to cause such ofthis Ordinance.
further sum to be levied.
3. That should it be so happen that it be found unnecessary to expend all the Surplus to be
applied to dimi
nish future
sums of money raised under this Ordinance for the purposes of the Auxiliary Police Police rates.
Force and there remain a balance unapplied of such monies such balance shall be
expended solely in diminishing Police rates hereafter to be raised in this Colony and in
no other manner whatsoever.
4. That the Police rate hereby ordered to be levied shall be forthwith levied and Rate to be
levied in con
enforced in the manner provided by the Ordinance No. 2 of 1845 for the levying and formity with
Ordinance No. 2
enforcement of the annual assessed Police rate. of 1845.
[ Repealed by Ordinance No. 4 of 1887. ]
NOTE.- The Auxiliary Force was disbanded on the 5th July, 1854 : See Govern
ment Notification of the 11th July, 1854.
No. 2 of 1854.
The Market Ordinance . Title.
[ 29th August, 1854. ]
HEREAS it is expedient to repeal and amend Ordinances No. 1 and No. 4 of Preamble.
[For construction
WH1847 : of the Ordinance
see Ord. No. 12
of1856.]
1. Be it therefore enacted and ordained by His Excellency the Governor, with the Ordinances Nos..
1 and 4 of 1847
advice of the Legislative Council thereof, that from and after the passing of this repealed.
Ordinance the said Ordinances No. 1 and No. 4 of 1847 be and are hereby repealed ,
and that from and after the passing of this present Ordinance whoever shall establish
any market in this Colony for the sale of articles of trade which are usually exposed
for sale in markets without having obtained the licence of His Excellency the Governor
shall be liable to the penalty hereinafter provided and such market shall be removed
as a public nuisance.
286 ORDINANCE No. 2 OF 1854.
Markets.
Markets to be 2. That all markets already established shall be licensed and their owners are
licensed.
hereby required to take out such licence within fifteen days after the passing of this
Ordinance under the penalty hereinafter mentioned for each and every day that such
Licences to be markets shall continue open and unlicensed , and that each of such markets shall be let
sold by tender or
public auction. to the highest bidder for the tenancy thereof, and that such letting shall be by tender
or by public auction before the Chief Magistrate of Police, as shall be deemed best by
the Colonial Secretary and that each of such markets shall be let for a term of years.
Proviso as to not exceeding three years. Provided always that the party or parties renting each of
regulations for
holding. such markets shall hold the same subject to such regulations for the conduct mainten
ance and repairs thereof as shall from time to time be officially published by the Officer
Administering the Government of this Colony.
Markets to be 3. And be it further enacted and ordained, that all markets or buildings in which
under the
superintendence markets are held shall be under the immediate superintendence of the Chief Magistrate
ofthe Chief
Magistrate of
Police, &c. of Police, who is hereby required to take all requisite measures to prevent disorders
and to preserve peace and tranquillity therein.
Markets to be 4. And be it further enacted and ordained, that every market or building for the
built of stone,
&c., after an holding of markets, hereafter to be built, erected, or established , shall be erected ,
approved plan.
built, and established of stone or brick, according to a plan to be approved of by the
Surveyor General.
Markets built of 5. And be it further enacted and ordained, that whenever the markets or buildings
wood and
requiring wherein markets are now held, already erected , built, or established, shall become
repairs to be
re-built of
stone, &c . dilapidated , in want of extensive repairs, or shall require to be re- built, such markets
or buildings shall be re-built of stone or brick according to a plan to be approved of by
Provided the the Surveyor General : Provided always that if the repairs required to be done shall
repairs required
shall not exceed not exceed the sum of one hundred dollars on any one house or building , then and in
$100.
that case the Surveyor General, upon being furnished with proper estimates of the
cost of such repairs, and having verified the same, may grant permission for the repairs
to be carried into effect.
Buildings of 6. Whereas certain person or persons in the neighbourhood of markets and
wood and mat
on sea-shores to
be removed by elsewhere have encroached upon Crown lands and the sea - shores , and have erected
Police.
thereon divers buildings of wood, matting , and other inflammable materials, to the
great danger and peril of the town of Victoria and the inhabitants thereof ; and whereas
also the said buildings so erected as aforesaid are inhabited by persons of ill -fame and
reputation , and afford shelter to regues and vagabonds : It is hereby enacted and
ordained, that it shall be lawful for any Magistrate of Police to order such buildings
to be pulled down and removed as a public nuisance by warrant to be issued on the
information of the Surveyor General, and the materials thereupon to be condemned,
sold by public auction, and the proceeds paid into the Colonial Treasury.
Penalty against 7. And be it further enacted and ordained, that any person or persons, who shall
offenders.
offend against the provisions and enactments hereinbefore contained, shall for every
Penalty, how offence forfeit a sum not exceeding two hundred dollars, to be recovered in the same
recovered, &c.
manner as penalties are made recoverable by Ordinance No. 10 of 1844 : Provided
ORDINANCES Nos . 2 AND 3 OF 1854. 287
Markets. Extension ofImperial Acts.
always, that in case any such conviction shall take place and be had on the evidence of
any common or public informer, he or she shall be entitled to one moiety of the said
fine or forfeiture.
8. And be it further enacted and ordained, that all proceedings under the present Provision under
this Ordinance
not liable to
Ordinance shall not be subject to appeal, nor shall be removed nor removable by appeal.
certiorari or otherwise into any Court whatever.
9. This Ordinance will not come into operation before the first day of September, Commencement
of Ordinance.
1854.
[ Repealed by Ordinance No. 9 of 1858. ]
No. 3 of 1854 .
An Ordinance to declare certain Acts of the Imperial Parliament to be in Title.
force in this Colony .
[ 31st October, 1854. ]
HEREAS it is expedient that the provisions of certain Acts of the Imperial Preamble.
W Parliament should be adopted in this Colony :
1. Be it therefore enacted and ordained by the Honorable the Lieutenant- Gov Acts of Parlia
ment enumer
ernor Administering the Government of Hongkong, with the advice of the Legislative ated in annexed
schedule to be
Council thereof, that from henceforth the several Acts of Parliament, the titles of in force in the
Colony.
which are set forth in the schedule hereunto annexed , shall, so far as they are appli
cable to this Colony, be of force therein from and after the 31st day of October, 1854.
SCHEDULE OF THE ACTS OF PARLIAMENT TO WHICH
THIS ORDINANCE REFERS .
(a.) 6 & 7 Victoria, Cap. 34.— An Act for the better Apprehension of certain Offenders.
(b.) ་་ 91 85.-An Act for improving the Law of Evidence.
(c.) 29 99 99 96. —An Act to amend the Law respecting defamatory Words and Libel
(d.) 7 & 91 62.-An Act to amend the Law as to burning Farm Buildings.
(e.) 8 & 9 99 47.-An Act for the further Prevention of the Offence of Dog Stealing.
(f.) 9 & 10 *9 99 25.-An Act for preventing malicious Injuries to Persons and Property
by fire, or by explosive or destructive Substances.
(g.) 10 & 11 22 99 66.-An Act for extending the Provisions of the Law respecting Threa
tening Letters and accusing Parties with a view to extort Money.
(h.) 14 & 15 99 "" 19.-An Act for the better Prevention of Offences.
(i.) 15 & 16 77 "" 24.-An Act for the Amendment of an Act passed in the First Year of
the Reign of Her Majesty Queen VICTORIA, intituled " An Act
for the Amendment of the Laws with respect to Wills."
[ (a.) Repealed by Ordinance No. 4 of 1887.
(b.) 17 "" No. 2 of 1889.
3
(c.) ?? 99 91 No. 5 of 1887.
(d.) 21 "" "" No. 11 of 1865.
(e.) "" 15 No. 11 of 1865.
(ƒ.) 29 29 No. 11 of 1865.
(g.) "" "" "" No. 11 of 1865 .
(h.) 99 "" 79 No. 11 of 1865. (So much as relates to sections 1 , 2, 3, 4, 8, & 9.)
(i.) 29 27 ?? No. 28 of 1886. ]
288 ORDINANCES Nos . 4 AND 5 OF 1854 .
Panel ofJurors. Supreme Court- Summary Jurisdiction.
No. 4 of 1854.
Title.
An Ordinance for reducing the Number of Jurymen from Eighteen to
Ten.
[ 31st October, 1854. ]
Preamble. HEREAS in consequence of the more frequent holding of Criminal Sessions in
W future, it will be unnecessary to summon more than a panel of ten jurymen :
Ordinance 4 of 1. Be it therefore enacted and ordained by the Honorable the Lieutenant- Governor
1851 ss. 6 and 7
amended .
Administering the Government of Hongkong, with the advice of the Legislative Council
thereof, that sections 6 and 7 of Ordinance No. 4 of 1851 , be amended by substituting
10 jnrymen to the word ten for the word eighteen so often as the same occurs therein respectively, in
form panel.
order to diminish the said panel by eight names .
[ Repealed by Ordinance No. 15 of 1856 (disallowed) and Ordinance No. 7 of 1857. ]
No. 5 of 1854.
Title. An Ordinance to amend and extend Ordinance No. 9 of 1845 , entitled
" An Ordinance to invest the Supreme Court of Hongkong with a
Summary Jurisdiction in certain cases."
[ 31st October, 1854. ]
Preamble. HEREAS it is advisable to afford further facility for the recovery of the
Wpossession of lands and tenements the annual rental of which does not exceed
the sum of five hundred dollars , and accordingly to amend the Ordinance No. 9 of 1845
by extending its power to such cases of possession : —
Parts of 1. Be it therefore enacted and ordained by the Honorable the Lieutenant- Governor
Ordinance 9 of
1845 repealed. Administering the Government of Hongkong, with the advice of the Legislative Council
thereof, that so much of the first and other sections of Ordinauce No. 9 of 1845 as are
in any wise inconsistent or repugnant to the provisions of this Ordinance shall, as
respects the application of the same, be deemed and are hereby repealed to such extent.
Possession of
tenements not 2. And be it further enacted and ordained, that when the term and interest of
exceeding $500
per annum, the tenant of any lands or tenements where the value of the premises or the rent pay
recoverable by
plaint in the able in respect of such tenancy did not exceed the annual sum of five hundred dollars,
summary
jurisdiction of shall have ended or shall have been duly determined by a legal notice to quit, and if
the Supreme
Court.
such tenant or occupier of the same or any part thereof shall neglect or refuse to quit
and deliver up possession of the premises or of such part thereof respectively, it shall
be lawful for the landlord or his agent to enter a plaint (after the form in the schedule
hereunto annexed) in the Supreme Court in its summary jurisdiction , and thereupon a
ORDINANCE No. 5 OF 1854. 289
Supreme Court- Summary Jurisdiction.
summons shall issue to the person so neglecting or refusing ; and if the tenant or If tenant, &c.,
neglect to
Occupier shall not thereupon appear at the time and place appointed and show cause to appear or refuse
to give
possession, Court
the contrary, and shall still neglect or refuse to deliver up possession of the premises may, on proof of
service of
to the landlord or his agent, it shall be lawful for such landlord or agent to give proof summons, issue
a warrant to
to the Court of the holding, and of the end or other determination of the tenancy, with enforce the
same.
the time or manner thereof, and, where the title of the landlord has accrued since the
letting of the premises, the right by which he claims the possession ; and upon proof of
service of the summons and of the neglect or refusal of the tenant or occupier, the
Court may issue a warrant to the bailiff of the Supreme Court requiring and authoriz
ing him , within not less than seven or more than ten clear days from the date of such
warrant to give possession of the premises to such landlord or agent ; and such war
rant shall be a sufficient authority to such bailiff to enter upon the premises with such
assistants as he shall deem necessary, and to give possession accordingly : Provided
that no such entry be made on a Sunday, Good Friday, or Christmas Day, or except
between the hours of nine in the morning and four in the afternoon.
3. And be it further enacted and ordained, that having regard to the annual Provisions as to
arrears of rent.
amount aforesaid where an arrear of twelve months' rent shall be due on any lands or
premises, the same being reserved by lease or agreement in writing and not paid after
due demand, or where six months of such rent shall be in arrear and no sufficient
distress on the lands or premises to satisfy such arrear, it shall be lawful for the land
lord to proceed in manner aforesaid, and for the Court to make a decree for putting
such landlord into possession , unless the rent and costs of proceedings be paid within
-one fortnight from the pronouncing of such decree.
4. And be it further enacted and ordained, that in proceedings under this Fees to be taken
on taxation of
Ordinance the following fees be allowed on taxation of costs : costs.
Filing and entering plaint, ..... $0.50
Summons for defendant and copy, 0.50
If more than one defendant, each additional copy, 0.25
Subpoena and copy, each witness, 0.50
Hearing and adjudication , 1.00
Every oath of party or witness,... 0.50
Order for decree or dismissal, each, 0.50
Precept, ..... 1.00
Executing precept decree or order, ... 2.00
Any notice required during proceedings, 0.50
Copies of any proceedings, per folio, 0.50
Bailiff's Fees.
Service of summons, subpoena order or notice, 0.25
Putting into execution any order of Court, 0.50
Attorney's Fees.
Hearing and attendance, .... 10.00
290 ORDINANCES Nos . 5 AND 6 OF 1854 .
Supreme Court- Summary Jurisdiction . Intestate Estates - Unclaimed Balances.
SCHEDULE REFERRED TO IN THIS ORDINANCE.
COLONY OF HONGKONG |
TO WIT. S
Form of plaint. A. B.
hereby requires entry to be made in the summary jurisdiction of the
Supreme Court of his plaint against C. D.
in the said Colony (for the said C. D. withholdsfrom the said
A. B. the possession of ) being premises situated in this
Colony (or for that the said C. D. owes and refuses to pay the sum of
being rent due by the said C. D. to the said A.B.)
And the said A. B. hereby declares that the particulars hereunto annexed contain a full
account of his demand against the said C. D. and thereupon he prays that the said C. D. may be sum-
moned to attend on at to answer such his demand.
Dated
(Signed)
[Repealed by Ordinance No. 7 of 1862.]
No. 6 of 1854.
Title. An Ordinance to provide for the disposal of unclaimed Balances of the
Estates of Persons dying Intestate within the Colony of Hongkong.
[ 31st October, 1854. ]
Preamble. HEREAS certain sums of money have been for many years past and now are
W lying in custody of the officers in charge of the public treasure vault of this
Colony, which sums have been delivered to such custody by the Official Administrator
of Intestate Estates as unclaimed balances of certain such estates, after full satisfaction
according to scheme of division of all claims proved against such estates, and in pur
suance of the terms of Ordinance No. 6 of 1845 ; and whereas it is expedient to dispose
of such sums of money for the public use and the benefit of this Colony :
How intestate 1. Be it therefore enacted and ordained by the Honorable the Lieutenant- Govern
estates are to be
dealt with, when or Administering the Government of Hongkong, with the advice of the Legislative
unclaimed for
a period of six
years. Council thereof, that on the expiration of six years from the date of the decease of any
person dying intestate, it shall be lawful for the Officer Administering the Govern
ment of this Colony to direct the payment of the unclaimed balance of such person's
estate into the hands of the Colonial Treasurer, for the general purposes of the Colony,
or the transfer of such balance to the public funds held by the officers in charge of the
treasure vault, so that it may be rendered available for the public purposes of the Co
Official lony ; Provided always that a certificate be given by the Official Administrator of
Administrator's
certificate of Intestate Estates showing that due advertisement has been made for claims against
advertisements.
such estate, and for claims against such balance of such estate, and that, so far as is
known to such Official Administrator, no further claim can reasonably be expected
against such balance of such estate.
ORDINANCES No. 6 OF 1854 AND No. 1 OF 1855 . 291
Intestate Estates - Unclaimed Balances. Neutrality.
2. And be it further enacted and ordained, that from and after the passing of How existing
unclaimed
balances to be
this Ordinance all such balances as have lain in the treasure vault of the Colony for a dealt with.
longer period than six years, shall and may be at once appropriated by the Officer
Administering the Government in manner aforesaid, after the production of the certi
ficate of the Official Administrator of Intestate Estates to the effect above specified .
3. And be it further enacted and ordained, that at the expiration of the fifth year As to confis
cation of
of such moneys remaining unclaimed , it shall be necessary for the Official Administrator unclaimed
balances.
[ See Ords, No 1 of
to cause advertisements to be published both in this Colony and in the mother- country 1857, and No. 7 of
1869.]
of the deceased to the effect that if no claimant appear within twelve months to the
funds in question , the Supreme Court of this Colony on motion made on that behalf
by the Colonial Government will declare such funds confiscated for Colonial purposes,
and that whether any claimant appear or not, the expenses attendant on such advertise
ments be deducted from the funds advertised .
4. And be it further enacted and ordained , that it shall be lawful for the Officer Lodgment of
unclaimed
Administering the Government in his discretion to direct that all or any unclaimed balances in a
chartered bank.
balances as aforesaid at any time previous to the expiration of six years as aforesaid ,
be lodged in a chartered bank within this Colony, at such rate of interest as may be
procurable, and that the amount of such interest shall be added to, and considered
portion of such unclaimed balance as aforesaid.
5. And be it further enacted and ordained , that this Ordinance shall not come Suspending
clause.
into operation until Her Majesty's pleasure shall be known with respect thereto.
[Not disallowed C. O. D. No. 3 2nd April, 1855. Repealed by Ordinance No. 5 of
1855. Revived by Ordinance No. 1 of1857 except section 5. All repealed again by
Ordinance No. 7 of 1885. ]
No. 1 of 1855 .
An Ordinance to enforce neutrality during the contest now existing in Title.
China.
[ 15th January, 1855. ]
HEREAS it is necessary that strict neutrality be maintained by all residents Preamble.
W within the Colony of Hongkong between the different parties at present con
tending for dominion in the Empire of China, and existing legislation does not suffi
ciently provide for the punishment of those who shall violate such neutrality :—
1. Be it therefore enacted and ordained by His Excellency the Governor of Violation of neu
trality, a misde
Hongkong, with the advice of the Legislative Council thereof, with regard to all per meanour.
sons resident within the Colony of Hongkong, that it shall be a misdemeanour
punishable by not more than two years' imprisonment and by a fine not exceeding five Penalty.
292 ORDINANCE No. 1 OF 1855 .
Neutrality.
thousand dollars (such punishment to be accumulative or not at the discretion of the
adjudicating tribunal) for any person resident within the Colony of Hongkong to
assist either the existing Chinese Government or any of the different factions at pre
sent engaged or who may be hereafter engaged in opposition to the said Government
by personal enlistment in war service or by procuring other persons to enlist in such
service or by furnishing, selling, or procuring warlike stores of any description or by
fitting out vessels, or by knowingly and purposely doing any other act to assist either
party by which neutrality may be violated .
Constitution of 2. And be it further enacted and ordained, that the tribunal for adjudicating on
adjudicating tri
banal.
[* See Ord. No. 6 . offences of the description intended to be dealt with by this Ordinance shall be com
of 1862.]
No appeal. posed of the Chief Magistrate and two other Magistrates, and that there shall be no
appeal whatsoever either by certiorari or otherwise from the decision of such tribunal.
Armed Chinese 3. And be it further enacted and ordained , that if any armed vessel whatsoever
vessels, removal
of.
carrying any Chinese flag be found within any of the waters of this Colony and such
vessel shall not depart therefrom within twenty-four hours after a notice to depart from
these waters, signed by the Colonial Secretary, has been served on board thereof, such
vessel shall , with everything found on board of it , be seized and sold or made forfeit to
the Crown on due condemnation by the said Magistrates .
Manufacture of
guns, cannon, 4. And be it further enacted and ordained, that from and after the first day of
gunpowder, &c.
in the Colony, February no person shall within Hongkong and its dependencies or the waters thereof
prohibited from
1st February, manufacture any gun, cannon or other machine which can be used for the discharge
1855.
of ammunition , or any shot or any gunpowder or other explosive substance of the
nature of gunpowder or capable of being employed in discharging cannon, or any stink
pots or any composition of the same or similar nature as that whereof stink pots are
composed, under penalty, upon conviction of a breach of any part of this section, to
Penalty. imprisonment for a term not exceeding twelve calendar months and of a fine not ex
ceeding five hundred dollars , such penalties to be accumulative or not at the discretion
of the adjudicating tribunal.
Sale of arms and 5. And be it further enacted and ordained, that no person shall, within Hong
ammunition to
require a permit. kong and its dependencies or the waters thereof, sell, barter or willingly part with the
possession, under any excuse whatsoever, of any gun, cannon or other instrument
Exception. which can be used for the discharge of ammunition (excepting always European fowl
ing pieces and pistols of every description whatever) or any shot or any gunpowder
or other explosive substance of the nature of gunpowder or capable of being employed
in the same manner as gunpowder, without having previously obtained, in each par
ticular instance, a permit in writing from the Chief Magistrate or any two Justices of
Permit how ob the Peace, and such permit shall state the nature of the transaction and the person to
tained, and na
ture thereof. whom the property is to be transferred . Provided always , that the necessity for such
European gun permit shall not extend to European gunpowder in quantities not exceeding five pounds
powder under
5lbs. excepted. at one time on any one day, and that any person convicted of a breach under this
Penalty, section shall be liable to a fine not exceeding one thousand dollars or to imprisonment
for a term not exceeding twelve months.
ORDINANCES Nos. 1 AND 2 OF 1855 . 293
Neutrality. Foreign Attachment.
6. And be it further enacted and ordained , that if any Magistrate or the Chief or Power to search
suspected places.
Assistant Superintendent of Police shall have reasonable cause to suspect that any of
the different articles whose manufacture is prohibited by this Ordinance, are in process.
of manufacture in any house or place , it shall be lawful for any or either of such officers
to direct any constable to cause any such house or place to be entered and searched at
any hour of day or night, and such Magistrate or Chief or Assistant Superintendent of
Police may empower such constable to use force for effecting such entry, whether by Disposal ofar
ticles found.
breaking open doors or otherwise, and if upon search thereupon made, any such unlawful
manufacture shall be found to exist, then to convey the articles in course of manufac
ture before a Magistrate, or place them in safe keeping, and to apprehend all persons
found in the place where such seizure was made, and that, upon a conviction had, the
illegal articles found be forfeited to the Crown, and the occupant or person having the
control of such house or place shall be liable to a fine not exceeding one thousand Penalty.
dollars and to imprisonment for a term not exceeding twelve months.
7. And be it further enacted and ordained , that all fines inflicted under this Or Disposal and re
covery of fines.
dinance shall be paid into the office of the Colonial Treasurer and shall be recoverable
in a summary manner according to the provisions of Ordinance No. 10 of 1844, inti
tuled " An Ordinance to regulate summary proceedings before Justices of the Peace,
and to protect Justices in the execution of their office."
8. And be it further enacted and ordained , that nothing in this Ordinance con Government
stores excepted.
tained shall be held to extend to Government Naval or Military stores.
9. And be it further enacted and ordained, that this Ordinance continue in force Duration of Or
dinance .
until the first day of January, 1856 .
[ Continued in force by Ordinance No. 1 of 1856u ntil January 1st, 1857. Sections
3 to 8 inclusive revive and made perpetual by Ordinance No. 9 of 1857. All repealed
by Ordinances No. 8 of 1882 and No. 4 of 1887. ]
No. 2 of 1855 .
An Ordinance to provide for and regulate process in actions at law Title.
against persons absent from the Colony.
[ 19th January, 1855. ]
HEREAS by the laws at present in force there are no means by which actions Preamble.
W at law can be successfully prosecuted against persons absent from the Colony
because there is no process by foreign attachment or otherwise for compelling either
defence or appearance on behalf of any such defendant
294 ORDINANCE No. 2 OF 1855 .
Foreign Attachment.
On any return 1. Be it therefore enacted and ordained by His Excellency the Governor of
of non estinventus
and on affidavit
filed, &c. plaintiff Hongkong, with the advice of the Legislative Council thereof, that in every action at
may proceed
against an law which shall hereafter be commenced in the Supreme Court of Hongkong wherein
absent defendant
by foreign the writ of summons or of capias shall as to any defendant named therein be returned
attachment .
non est inventus if upon or after such return an affidavit shall be filed on behalf of the
plaintiff (in addition to a full affidavit of the cause of action that such cause of action
arose within this Island or its dependencies and that to the best of the deponent's
belief such defendant does not reside within this Island or its dependencies and is to
the best of the deponent's belief possessed of or entitled to or otherwise beneficially
interested in any lands monies securities for money chattels or other property in the
custody or under the control of any person or persons in this Island or its dependencies
(to be named in such affidavit) or that any such person or persons is or are indebted
to such defendant the plaintiff may proceed against such defendant by process of
foreign attachment in the manner hereinafter directed .
Form ofattach 2. And be it enacted and ordained that at any time after the filing of such affidavit
ment and how
served. as aforesaid a writ of foreign attachment shall be issued at the plaintiff's instance as of
course and every such writ shall be in the form or to the effect of the form contained
in the schedule to this Ordinance marked A and be returnable into the said Court not
less than fourteen days nor more than sixty days next after the date thereof and shall
be served upon the several garnishees or persons therein named in whose hands it is
intended thereby to attach any such lands monies chattels or debts by delivering a copy
thereof to each such garnishee personally or by leaving the same at his or her then or
Proviso as to then last usual place of abode -Provided always that final judgment shall in no case be
proof where
cause of action signed in any such action until an entry shall have been made on the record of the
accrued.
issue of such writ of attachment with a suggestion of the fact that the cause or causes of
action so arose as aforesaid and that in case it shall at any time appear that the cause of
action did not arise within this Island or its dependencies the attachment shall be
forthwith dissolved with costs to be paid by the plaintiff to such parties and in such
manner as the Court shall direct.
Public notice to 3. And be it enacted and ordained that in addition to such service the plaintiff
be given.
shall also cause a notice of the issue of such writ signed by him or his attorney to be
1
published not less than twice in the Government Gazette and also not less than twice in
one newspaper published within this Colony and every such notice shall be in the form
.
or to the effect of the form contained in the schedule to this Ordinance marked B and
the last of such publications thereof shall be one week at the least before the day on
which the writ of attachment shall be so made returnable.
Property and 4. And be it enacted and ordained that from the time of the service of such writ
debts bound from
the time of upon any such garnishee or person as aforesaid all and singular the lands monies and
attachment
served.
chattels bills bonds and other property of whatsoever nature in the custody or under
the control of such garnishee then belonging to the defendant against whom the same
writ issued or to or in which such defendant shall then be legally or equitably entitled
or otherwise beneficially interested and whether solely or jointly with any other person
ORDINANCE No. 2 OF 1855 . 295
Foreign Attachment.
or persons and all debts of every kind then due by any such garnishee to such
defendant although the same or part thereof may be payable only at a future day shall
to the extent of such defendant's right title and interest therein respectively be attached
in the hands of such garnishee and (subject to any bona fide prior claims or liens
thereon) be liable to the satisfaction of the particular demand or cause of action of
which he shall by the said writ have had notice-and any such garnishee or person who
shall without the leave of the said Court at any time after such service and before the
said attachment shall be dissolved as hereinafter mentioned sell or otherwise knowingly
dispose of or part with any such property or pay over any such debt or any part thereof
excepting only to or to the use of the plaintiff in such writ shall upon the application
in a summary way of such plaintiff to the said Court and on proof of the facts to the
satisfaction of the said Court pay such damages to the said plaintiff as the said Court
shall in that behalf think fit to order.
5. And be it enacted and ordained that upon the return of every such writ of Enquiry as to
property in
attachment as aforesaid or as soon after as conveniently may be and upon such other garnishee's
hands.
day or days of adjournment if any as shall in that behalf be directed the said Court
shall proceed to enquire and determine whether in fact the plaintiff's cause of action
.
arose within this Island or its dependencies and if so then what lands monies chattels
and other property as aforesaid sufficient to satisfy the plaintiff's cause of action
together with his costs of suit then are or were at the time of the service of the same
writ in the custody or under the control of any such garnishee or person as aforesaid
belonging to the defendant or to or in which he was at that time entitled or interested
as aforesaid and what debts were then due to such defendant from any such garnishee
or person and the particulars thereof and whether the same lands monies and other
property and debts or any part or parts thereof are or can be made available for the
purpose of making such satisfaction as aforesaid and to what amount respectively and
for the purposes of such enquiry and determination it shall be lawful for the said
Court in a summary way to examine or permit the said plaintiff to examine vivâ voce
upon oath every such garnishee or person together with such witnesses (if any) as the
said Court may think proper to be so examined and for that purpose to make such
orders and issue such summonses to witnesses as may in that behalf be deemed expe
dient and any such garnishee or person as aforesaid or witness who shall refuse or
neglect to attend according to the exigency of any such writ of attachment or to obey
any such order or summons or shall refuse to be so examined shall be liable to be sum
marily proceeded against as in cases of contempt of Court and to be punished accor
dingly.
6. And be it enacted and ordained that if any such garnishee or person in whose Disposal of
goods, &c. by
hands any such lands goods or property as aforesaid shall have been so attached shall be leave of Court.
desirous of disposing of the same or any part thereof or of receiving the amount of any
such bill or bond or other chose in action or any part thereof pending such attachment
and shall apply for that purpose to the said Court it shall be lawful for the said Court
(due notice baving been given to the plaintiff of such intended application) to author
296 ORDINANCE No. 2 of 1855 .
Foreign Attachment.
ise such garnishee or person to sell or dispose of any such property or receive any such
amount and to hold the proceeds of such sale or disposal or the amount so received
subject to such attachment as aforesaid or otherwise for the satisfaction of the plaintiff
as to such Court shall seem fit.
Afterattachment 7. And be it enacted and ordained that at any time after the return day of any
returned plaintiff
may proceed in such writ of attachment it shall be lawful for the plaintiff to cause an appearance to be
the action.
entered for the defendant against whom the same shall have so issued and to proceed
thereon as if such defendant resided within this Colony and had appeared to the action
in person- provided that such bond as is in that behalf hereinafter mentioned shall
have been duly entered into before final judgment be given therein .
Court to
determine what 8. And be it enacted and ordained that so soon as upon any such examination or
property is to
continue subject enquiry as aforesaid it shall be ascertained by the Court what lands monies or other
to the attach
ment. such property and debts as aforesaid can be made available for the purpose of making
such satisfaction to the plaintiff as aforesaid the said Court shall forthwith order the
same or such part or parts thereof respectively as it shall think proper in that behalf
to be thenceforward holden for that purpose and to continue subject to such attachment
accordingly or to be sold or otherwise disposed of if such Court shall think fit and the
proceeds or (in case of debts then payable) the amount of such debts to be paid into
the hands of some officer of the Court subject to such attachment as the said Court
may order and with respect to all and singular the lands monies and other property
debts and other choses in action to which no such order as last aforesaid shall be in
tended to apply it shall be lawful for the said Court at any time to direct that the
said attachment shall be dissolved. .
Plaintiff to enter 9. And be it enacted and ordained that within one calendar month next after any
into a bond to
account, &c. such writ of attachment shall have issued as aforesaid the plaintiff at whose suit the
same shall have been so issued or if absent some person on his behalf shall before the
said Court enter into a bond with two sufficient sureties to be approved of by such
Court acknowledging himself and themselves to be indebted to the defendant against
whom such attachment shall have so issued in such sum as the said Court shall think
fit to order the condition of which said bond shall be in the form or to the effect of the
form contained in the schedule to this Ordinance marked C -and in case of any breach
or alleged breach of such condition the defendant shall be at liberty to sue the parties to
such bond thereon at any time and if such bond be not so entered into as aforesaid the
attachment shall be ipso facto dissolved .
After judgment 10. And be it enacted and ordained that at any time after such bond shall have
plaintiff may
issue afierifacias. been so entered into and after final judgment in favour of the plaintiff shall have been
obtained it shall be lawful for him to cause a writ or writs of fieri facias upon such
judgment to be from time to time issued as in any ordinary case for the amount of the
debt or damages and costs thereby recovered and to cause to be taken in execution under
any such writ as against any defendant whose property shall have been so attached as
aforesaid all or any part of the lands goods monies and other property so attached and
ORDINANCE No. 2 OF 1855 . 297
Foreign Attachment.
which shall then continue subject to such attachment as aforesaid in whose hands What may be
taken under it.
soever the same property shall then be and whatever may be the nature of such pro
perty whether ordinarily liable to be taken in execution or not and although the same
or part thereof may be of the nature of a chose in action only and to receive any such
property in satisfaction or part satisfaction of such debt or damages and costs to an
amount or value to be fixed by the sheriff or to cause all such property (except as next
mentioned) to be sold under such writ or writs as in ordinary cases- Provided that with
respect to any such debt or other chose in action as aforesaid no sale or other disposi
tion thereof shall take place except by order of the Court-and upon the application of
the plaintiff at any time in a summary manner it shall be lawful for the said Court to
authorise an action for the amount of any such debt to be brought in the name of the
creditor being such defendant as aforesaid or to cause the debtor to be summoned to
attend such Court to show cause why he should not forthwith pay the same amount to
such plaintiff and if no sufficient cause be shown to order such payment accordingly
and to enforce such order together with all costs attending the same by an attachment
for a contempt as in other cases of the like nature.
11. Provided always and be it enacted and ordained that if pending any such writ Provision for dis
solving foreign
of foreign attachment as aforesaid or at any time before final judgment obtained in the attachment.
action in which such writ issued the defendant against whom the same attachment
shall have issued or any person on his behalf shall before the said Court enter into a
bond with two sufficient sureties to be approved of by such Court acknowledging him
self and themselves to be indebted to the plaintiff in such sum as the said Court shall
think fit to order conditioned to pay the said plaintiff the amount of such debt or
damages and costs as he shall at any time thereafter recover in such action it shall be
lawful for such defeudant or person on his behalf upon entering an appearance in such
action (or if such appearance shall previously have been entered by the plaintiff then
upon filing a plea or pleas therein) to defend such action and upon giving notice
thereof to the said plaintiff to apply to the said Court by motion as of course that the
said attachment may be dissolved and the same shall be dissolved accordingly and the
action shall thereupon proceed to trial and judgment in the ordinary manner.
12. And be it enacted and ordained that if after any such final judgment obtained Provision
enabling absent
as aforesaid an affidavit shall be made by the defendant against whom such process of defendant to
come in and de
fend within two
foreign attachment shall have issued as aforesaid that such defendant had at the time of years.
the obtaining of the said judgment and still hath a substantial ground of defence (either
wholly or in part) to the plaintiff's action on the merits and such affidavit (sworn as next
hereinafter mentioned) shall at any time before the expiration of two years next after such
judgment be filed in the said Court then upon motion thereupon for that purpose made
to the said Court on behalf of the said defendant and after due notice thereof given to
the said plaintiff and security being entered into for the payment to him of all costs
by him at any time thereby sustained it shall be lawful for the said Court to cause
the merits so alleged as aforesaid to be inquired into and determined in such manner
298 ORDINANCE No. 2 of 1855 .
Foreign Attachment.
and form either by a feigned issue between the parties or otherwise and at such time
and under such terms and conditions for the purpose of securing the substantial ends
of justice as to the said Court shall seem meet and the said Court after such enquiry
and determination had shall thereupon give such judgment or from time to time make
such order or orders in the premises between the parties as the justice of the case shall
appear to require and every such judgment and order may at any time (if the party
succeeding shall think fit) be suggested upon or added to the record of the original
action in which such final judgment shall have been so obtained as aforesaid - And
every such affidavit if made within the Colony shall be sworn before some officer of the
Court or person authorised or to be authorised to take affidavits to be used in the said
Court or if made elsewhere shall be sworn before a Judge or master of some Court of
Law or Equity or the Chief Magistrate of some city or corporate town certified under the
official seal of such Magistrate.
Property in pos 13. And be it enacted and ordained that the property of any such absent defend
session of any co
defendant.
ant as aforesaid may under the provisions of this Ordinance be equally attached and
taken in the custody or power of any co-defendant as of any such garnishee or person
as aforesaid not being a party to the action and that no process of foreign attachment
against any such absent defendant nor any lien intended to be thereby created upon
the lands monies securities debts and chattels or other property of such defendant
thereby attached shall in any case be defeated by reason of any such co- defendant or
other garnishee as aforesaid being or claiming to be jointly interested with such defend
ant therein either as partner or otherwise.
Provision in case 14. Provided always and be it enacted and ordained that in all cases wherein two
of defendants
sued as copart or more defendants shall be sued as copartners and as to either of such defendants
ners.
there shall be a return of non est inventus but as to any other of such defendants there
shall be a return of personal service or of cepi corpus then if at any time after any such
return an affidavit shall be filed that to the best of the deponent's knowledge and belief
the defendant served or arrested did in fact when the cause of action accrued carry on
business in this Island or its dependencies as a copartner jointly with the defendant as
to whom there shall have been such return of non est inventus and that such last men
tioned defendant is absent from the Colony it shall be lawful for the plaintiff at his
option to proceed against every such defendant (in case no appearance be entered for
him) in the manner next hereinafter mentioned.
Such copartners 15. And be it enacted and ordained that thereupon or as soon after as convenient
absent from the
Colony to have ly may be the plaintiff shall cause a notice signed by himself or his attorney to be pub
notice.
lished in the Government Gazette and in not less than one other newspaper published
within this Colony in the form or to the effect of the form in the schedule to this Or
dinance marked D-And if on the day named in such notice (such day not being less
than ten days next after the day of the publication of the same in the Government Ga
zette) no appearance be entered for such defendant or defendants the plaintiff may cause
such appearance to be entered and may proceed as if he or they resided within this
Colony and had appeared to the action in person.
ORDINANCE No. 2 OF 1855. 299
Foreign Attachment.
16. And whereas in some cases business is or may be carried on in this Island by Copartnerships
all of whose
members are not
persons in copartnership or by one individual or more assuming the style of a copart known.
nership or acting as agent or agents for a copartnership and in some of those cases the
members of such copartnership or some of them are not only absent from the Colony
but their names are or may be unknown -Be it therefore enacted and ordained that Such copartner
ships may be
(in order to prevent any failure of justice in such cases) every such copartnership and sued in the name
of any one mem
ber or agent.
the several members thereof or the persons or person having carried on business
under the style of any such copartnership may be sued in any action at law in the
name or names of any one or more of the members of such copartnership on behalf of
all the members composing the same or in the name or names of any such agent or
agents for and on behalf of such copartnership so as that in all cases wherein but for
this Ordinance it would have been necessary to mention the names of all the members
composing any such copartnership it shall be sufficient to mention the name or names
of such one or more member or members only or of such agent or agents on behalf of
such copartnership .
17. And be it enacted and ordained that every judgment obtained or order made Judgment
against such
in any such action as last aforesaid shall have the same effect and operation upon the defendant to
operate against
persons and property both real and personal of such copartnership and of the several the copartner
ship.
members thereof whether such property be joint or separate as if every member of such
copartnership had been actually and in fact a defendant in the action and every such
judgment or order may be enforced against all such property as in ordinary cases of
the like nature.
18. Provided always and be it enacted and ordained that in every summons and Proviso.
other writ issued and declaration or other pleading filed on behalf of the plaintiff in any
action brought under the provisions of the two preceding sections the style or firm of
the copartnership shall be specified and it shall distinctly appear that the defendant or
defendants sued is or are so sued for and on behalf of such copartnership- And provided Agent not to be
incompetent as a
also that no agent sued on behalf of any such copartnership shall by reason only of witness.
his being so sued be incompetent as a witness in the action on behalf either of the
plaintiff or of the copartnership or be liable either in person or property to any
judgment obtained in such action.
19. And (for supplying a more full and effectual remedy in this behalf in all cases Pleas in abate
ment.
in which there are joint contractors one or more of whom shall be absent from the
Colony) -- Be it enacted and ordained that no plea in abatement shall hereafter be re
ceived on behalf of any defendant in any action in respect of the non -joinder therein
of any person alleged to have been a joint contractor with such defendant unless it be
expressly alleged in such plea that the person not joined is then resident at some place
within this Island or its dependencies and where in particular.
20. And be it enacted and ordained that nothing in this Ordinance contained shall Ordinance to ex
tend only to cases
extend to any action of trespass or other action in tort (trover or detinue excepted) but of contract.
to actions on or arising out of contract only.
300 ORDINANCE No. 2 OF 1855.
Foreign Attachment.
The term "abs 21. And be it enacted and ordained that absence from the Colony shall for the
ence."
purposes of this Ordinance be taken to be absence for the time being whether the party
shall ever have been within this Island or not.
The Court may 22. And be it enacted and ordained that in all cases in which no provision or no
make rules and
award costs.
sufficient provision in that behalf is by this Ordinance made it shall be lawful for the said
Supreme Court from time to time for the purpose of facilitating or more fully or effec
tually carrying any or either of the objects of this Ordinance into execution upon any
application in a summary way made for that purpose by or on behalf of any person
interested in any matter by this Ordinance intended to be provided for or without any
such application to make and prescribe all such rules and orders either general or ap
plicable to any particular case only touching any of the matters intended to have been
hereby provided for and touching also the manner of proceeding before or applying
to the said Court and also the execution of writs and orders and the allowance
and taxation of costs under this Ordinance as to the Court shall seem expedient and such
rules and orders from time to time to revoke or alter as to the Court shall appear
to be requisite and all rules and orders so made and prescribed shall be of the same force
and effect as if they had been inserted in this present Ordinance-And the said Court
shall in all cases whatsoever of applications made to or proceedings had or taken before
or by authority of the said Court or otherwise under this Ordinance have full power
to award or refuse costs the same to be paid by and to such party or parties as the
Court shall in each case think fit to order.
SCHEDULE A.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen
Defender of the Faith-To the Sheriff of Hongkong and its dependencies greeting-Whereas A. B. hath
lately in the Supreme Court of Hongkong commenced an action at law against C. D. [or against C. D.
and E. F.] and the writ of summons [ or capias ] in the said action has been returned [ or has as to the
said C. D. been returned] non est inventus and the said A. B. hath caused to be filed in the said Court
the affidavit required by the Ordinance of this Island intituled " An Ordinance to provide for and regulate
process in actions at law against persons absent from the Colony. " Now we command you that you
attach in the hand of G. H. [or G. H. R. M. and I. K. respectively ] all and singular the lands
hereditaments monies securities for money chattels and other property which the said C. D. is possessed
of or entitled to or otherwise beneficially interested in and which are or is in the custody or under the
controul of the said G. H. [ or G. H. R. M. and I. K. respectively ] at the time of your serving the said
G. H. [him or them ] with this writ and also all and every the sums and sum of money in which the
the said G. H. is [ or the said G. H. R. M. and I. K. or either of them are or is ] indebted to the said
C. D. at the time of such service -And we further command you that you summon the said G. H. [ or
the said G. II . R. M. and I. K. and each of them] that he [ or they ] be and appear before the said Court
on the day of then and there to be examined touching the premises and further
to do and receive what the said Court shall then and there consider in this behalf and have you then
there this writ.
Witness the Honourable Our Chief
Justice of the said Court aforesaid this
day of in the year of our reign.
(Official Seal. )
ORDINANCE No. 2 OF 1855 . 301
Foreign Attachment.
[Notice to be written under or annexed to the preceding .]
TAKE NOTICE that from the time of your being served with this writ all and singular the lands
and other hereditaments monies and chattels bills bonds and other property of whatsoever nature in
your custody or under your controul belonging to the above-named C. D. or to or in which he is legally
or equitably entitled or otherwise beneficially interested and whether solely or jointly with any other
person or persons and all debts of every kind due by you to the said C. D. although the same or part
thereof may be payable only at a future day are to the extent of the right title and interest of the said
C. D. therein attached in your hands and [ subject to any bonâ fide prior claims or liens thereon ] are
liable to the satisfaction of the above-named A. B. in the above-mentioned action-And if you shall
before this attachment is dissolved sell or otherwise knowingly dispose of or part with any such property
or pay over any such debt or any part thereof without the leave of the Supreme Court you will be liable
to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order.
A. B.
[or L. M. Plaintiff's Attorney.]
To Mr. G. H. [ or G. H. R. M. and I. K. severally. ]
SCHEDULE B.
In the Supreme Court of
Hongkong.
A. B. Plaintiff
and
BETWEEN
C. D. Defendant [ or C. D.
E. F. Defendants. ]
WHEREAS an action has been commenced in this Court at the suit of the above-named A. B.
against the above-named C. D. [or C. D. and E. F. ] to recover [state shortly the cause of action in
substance and the amount sworn to iffor a sum certain] and it being alleged that the said C. D. does
not reside within this Island or its dependencies a writ of foreign attachment has been issued returnable
on the day of wherein G. H. of is garnishes [ or G. H. of
R. M. of and I. K. of are garnishees ] -Nctice is hereby given thereof and
that if at any time before final judgment in this action the said C. D. or any person on his behalf
will give the security and notice and file the appearance or plea required by the Ordinance of this
Island intituled [ insert title] the said attachment may be dissolved.
Dated this day of 185
A. B.
[or L. M. Plaintiff's Attorney.]
SCHEDULE C.
KNOW ALL MEN by these presents that we A. B. of
&c . N. O. of &c. and P. Q. of Sc. are and each of us is jointly and severally bound unto
C. D. late of &c. in the penal sum of $ to be paid to the said C. D.
or his certain attorney executors administrators or assigns - For which payment to be
made we jointly and severally bind ourselves and each and every of us and our respective
heirs executors and administrators firmly by these presents. Sealed with our seals.
Dated this day of 185
WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at
the suit of the above-bounden A. B. against the above-named C. D. [ or C. D. and another] and a writ
of foreign attachment hath on the application of the said A. B. been issued therein and whereas the
302 ORDINANCES Nos . 2 AND 3 OF 1855.
Foreign Attachment. Jury Lists.
said A. B. being about to proceed in the said action it is necessary for him to give the security required
by the Ordinance of this Island intituled An Ordinance to provide for and regulate process in actions
at law against persons absent from the Colony and the above-bounden N. O. and P. Q. have agreed to
become his sureties-Now the condition of this obligation is that if the said A. B. his executors or
administrators shall pay or cause to be paid to the said C. D. his executors or administrators all and
every the sums and sum of money which he shall receive or recover in or by reason of the said action
in case the judgment obtained therein shall be hereafter reversed or vacated and also all and every the
sums and sum of money damages costs and charges which by the said Court shall at any time hereafter
be adjudged or ordered to be paid by the said A. B. his executors or administrators to the said C. D.
his executors or administrators for or by reason or on account of or in any manner relating to the said
action and the said attachment or either of them or any proceedings hitherto taken or hereafter to be
taken in or under the same respectively or any judgment that may be obtained or any execution or
executions that may be issued in the same action-Then this obligation shall be void otherwise it is to
remain in full force.
SCHEDULE D.
In the Supreme Court of
fl
Hongkong.
A. B. Plaintiff
BETWEEN and
(C. D. & E. F. Defendants.
WHEREAS an action has been commenced in this Court at the suit of the above-named A. B.
against the above-named C. D. and E. F. as copartners carrying on business under the style or firm of
and no appearance has been entered for the said C. D. in the said action and he is
alleged to be absent from the Colony- Notice is hereby given that unless the said C. D. or some person
on his behalf shall enter an appearance for the said C. D. to the said action on or before the
day of the said A. B. will cause such appearance to be entered for him in
pursuance of the Ordinance of this Island for regulating process in actions against persons absent
from the Colony and will proceed in the said action as if the said C. D. had resided in Hongkong and
had appeared in person.
Dated this day of 185
A. B.
[ør L. T. Plaintiff's Attorney. ]
[Repealed by Ordinance No. 4 of 1887.]
NOTE.- For Regulæ Generales under this Ordinance see Rule 5th March, 1857, gazetted the 7th
of the same month and Rule 14th November, 1859, gazetted the 26th of the same month.
No. 3 of 1855.
Title. An Ordinance to remove Doubts as to the Legality of the Jury List to
be in force from the First Day of March, 1855 , and for enabling the
Sheriff to render names with greater accuracy in future Lists.
[ 1st March, 1855. ]
Preamble.
HEREAS the jury list for the year 1855 was not made out and forwarded by the
WHE
sheriff to the Registrar of the Supreme Court within the time directed by the
Ordinance No. 4 of 1851 , entitled " An Ordinance to repeal the Ordinances No. 7 of
1845, entitled ' An Ordinance for the regulation of Jurors and Juries,' and No. 4 of 1849
ORDINANCES Nos . 3 AND 4 OF 1855 . 303
Jury Lists. Registration of Vessels.
passed for the amendment thereof, and to consolidate and amend the Enactments
relating to Jurors and Juries," and questions might therefore arise as to the validity
of the jury list for the year 1855 : --
1. Be it therefore enacted and ordained by His Excellency the Governor of Hong Jury list for
1855 to be valid.
kong, with the advice of the Legislative Council thereof, that, notwithstanding any
irregularity in the making and forwarding of the said jury list for the year 1855 , or
otherwise, such jury list as altered and approved by the said Governor and Legislative
Council, on the nineteenth day of February, 1855, shall be valid to all intents and
purposes, and be in force from the first day of March, 1855 , until the first day of March,
1856.
2. And be it further enacted and ordained, that every person , on demand by the Names of
residents to be
sheriff, or some one duly authorized by him, shall deliver in writing to such sheriff or given to sheriff
on demand, for
the purpose of
such duly authorized person , his Christian or other names, and the surname or names forming jury list.
at full length, under penalty, in the event of his refusing or neglecting so to give such
names, of a fine not exceeding one hundred dollars.
3. And be it further enacted and ordained , that such fine shall be imposed and Penalty how
levied.
caused to be levied at the discretion and under order of the Supreme Court, on complaint
made by the sheriff to the above effect.
4. And be it further enacted and ordained , that all fines so levied shall be paid Disposal of fines.
into the hands of the Registrar of the Supreme Court, and by him accounted for to the
Colonial Treasury .
[ Repealed by Ordinance No. 11 of 1864. ]
No. 4 of 1855 .
An Ordinance to establish a proper system of registration for Colonial Title.
[See Ord. No. 9 of
vessels . 1856. ]
[ 3rd March, 1855. ]
HEREAS many illegal acts have resulted from the improper use of Registers Preamble.
WHEE
granted at Hongkong under the provisions of the Imperial Acts to vessels
employed solely in trading with the mainland of China, and it is necessary that legal
trading should be protected and illegal trading prevented :
1. Be it thereof enacted and ordained by His Excellency the Governor of Hong No British vessel
without either an
Imperial or
kong, with the advice of the Legislative Council thereof, that from and after the pass Colonial register
to use the waters
ing of this Ordinance no ship or vessel whatsoever owned by a British subject shall be of this Colony.
at liberty to trade in any of the harbours of this Colony unless in the case of an out
ward trading ship or vessel she be provided with a certificate of registry in conform
ity with the Imperial Acts of Parliament on that behalf ; and in the case of a China
trading ship or vessel she has in all respects complied with the requirements of this
Ordinance.
304 ORDINANCE No. 4 OF 1855.
Registration of Vessels.
Declarations 2. And be it further enacted and ordained, that henceforward when any person or
necessary for
-obtaining
register. persons shall be desirous of obtaining a register for a ship or vessel in this Colony, it
shall be necessary for such person or persons to forward to the Colonial Secretary a
declaration in writing stating whether the ship or vessel for which such register is
sought is intended to be employed solely in trade with China or on more distant
voyages, and that according to such statement a register shall be granted to such ship
or vessel either an Imperial register as prescribed by the Imperial Acts in that behalf
or a Colonial register as laid down in this Ordinance ; provided always that should
such declaration be false or the ship or vessel to which it relates not be employed in
conformity with it, the register thereby obtained whether Imperial or Colonial shall
ipso facto become null and void.
Documents 3. And be it further enacted and ordained , that a Colonial register shall be given
necessary
previous to under the hand of the Governor, Lieutenant-Governor, or Officer Administering the
grant of Colonial
register.
Government of this Colony on production of the following documents :
The Harbour Master's certificate as hereinafter provided by section 7.
A declaration of ownership with proof thereof to the satisfaction of the Colonial
Secretary.
A joint and several bond of the owner and two sureties binding each and every of
the several obligees under a penal sum of one thousand dollars, to comply with all the
provisions of this Ordinance and with all the laws binding on British subjects with
regard to trade with China.
Name of 4. And be it further enacted and ordained, that it shall not be lawful for the
Colonial
registered ship. owner or owners of any Colonial registered ship or vessel to give her any name other
than that of her registry, and such owner or owners before such ship or vessel shall
after registry take in any cargo or leave this Colony are required to paint or cause to
be painted in white or yellow letters not less than four inches long her name upon some
conspicuous part of her stern in a distinct and legible manner, and both in Roman and
Chinese characters, and shall so keep and preserve the same upon pain on breach of the
provisions of this section in addition to any other pains and penalties and forfeitures
in this Ordinance contained, to a penalty not exceeding five hundred dollars.
Production of 5. And be it further enacted and ordained, that the register of every Colonial
Colonial register
to Harbour
Master every six registered ship or vessel shall be produced once at least every six months to the Har
months.
bour Master who shall endorse the date of such production on such register upon pain.
on failure of such production of the forfeiture of such register, unless satisfactory
cause for such non- production be shewn to the Colonial Secretary.
Chinese Crown 6. And be it further enacted and ordained , that it shall be lawful for Chinese
lessees entitled to
hold Colonial
register. residents within this Colony to apply for and obtain Colonial registers provided the
person or persons applying as owners be registered lessees of Crown lands within this
Colony and that such owner or owners tender as securities for the due performance by
them of all the requirements of this Ordinance two other Crown lessees, and that such
owners and such lessees be severally reported by the Registrar General to the satisfac
tion of the Colonial Secretary to be each worth two thousand dollars in this Colony,
ORDINANCE No. 4 OF 1855 . 305
Registration of Vessels.
and should such owner or owners be member or members of any shop or partnership
that the seal of such shop or partnership be also affixed to the security to be given by
such owner.
7. And be it further enacted and ordained, that the certificate to be granted by Harbour Master's
certificate.
the Harbour Master do specify the proper measurement of the ship or vessel requiring
a Colonial register and that such ship or vessel has proper anchors and chains, canvas
sails, her bottom sheathed with metal, and that her master is a British subject or a
person conversant with the English language.
8. And be it further enacted and ordained, that a fee of twenty-five dollars be Fees payable.
paid on the granting of the Harbour Master's certificate and that on the issue of every
Colonial register a further fee of twenty-five dollars shall be paid to the Colonial Se
cretary, and that these two sums shall include all charges necessary for the issue of a
Colonial register.
9. And be it further enacted and ordained, that upon any change of ownership in Change of owner
or master.
any Colonial ship or vessel registered under this Ordinance , such change as aforesaid
shall be endorsed upon her register under the hand of the Governor, Lieutenant
Governor, or Officer Administering the Government, upon the payment of a fee of twenty
five dollars to the Colonial Secretary, the requisite declaration of ownership and bond
herein before in this Ordinance mentioned and directed being first duly made and
executed : Provided always, that any change of master be endorsed upon the register
by the Colonial Secretary, and that a fee of five dollars be charged for the said endorse
mment.
10. And be it further enacted and ordained, that any Colonial register granted Duration of
Colonial register.
under this Ordinance shall be in force and effect for one year from the date of such
register and no longer, and that such register be renewable by endorsement on the
same, under the hand of the Governor, Lieutenant-Governor, or Officer Administering
the Government, on the payment of a fee of ten dollars, provided always that such
register be deposited in the office of the Colonial Secretary one week before the expir
ation of the year for which the register has been granted , or if the registered ship or
vessel be at sea, then on her return to the waters of the Colony.
11. And be it further enacted and ordained , that any infringement of the provi Penalty for
violation of
Ordinance.
sions of this Ordinance shall render the Colonial register ipso facto void, and shall
render the ship or vessel sailing under such register forfeit to the Crown, in addition
to the penalty of the bonds hereinbefore set forth .
12. And be it further enacted and ordained , that all fees payable or penalties im Application of
fees.
posed under this Ordinance shall be paid into the Colonial Treasury, and shall be
recoverable in a summary manner before any Magistrate or Justice of the Peace.
13. And be it further enacted and ordained, that nothing in this Ordinance con Registration of
boats not
tained shall be held to annul or interfere with the registration of boats as established interfered with
under Ordinance No. 7 of 1846.
[ Repealed by Ordinance No. 8 of 1879. ]
306 ORDINANCE No. 5 OF 1855 .
Intestates Estates - Unclaimed Balances.
No. 5 of 1855.
Title.
An Ordinance to repeal Ordinance No. 6 of 1854 , entitled " An Ordinance
to provide for the Disposal of unclaimed Balances of the Estates of
Persons dying Intestate within the Colony of Hongkong, " and to
substitute other Provisions in lieu thereof.
[ 14th June , 1855. ]
Preamble. HEREAS it is expedient to repeal the aforesaid Ordinance No. 6 of 1854, and
W to substitute in lieu thereof other provisions :
Ordinance No. 6 1. Be it therefore enacted and ordained by His Excellency the Governor of
of 1854 repealed.
Hongkong, with the advice of the Legislative Council thereof, that the said Ordinance
be and the same is hereby repealed .
Balances of 2. And whereas certain sums of money have been for many years past and now
intestate estates
when unclaimed are lying in custody of the officers in charge ofthe public treasure vault of this Colony,
for six years, to
be remitted to
Her Majesty's which sums have been delivered to such custody by the Official Administrator of
Treasury.
intestate estates as unclaimed balances of certain such estates, after full satisfaction
according to a scheme of division of all claims proved against such estates, and in
pursuance of the terms of Ordinance No. 6 of 1845 ; and whereas it is expedient to
relieve the said officers from the responsibility attendant on such custody : Be it further
enacted and ordained, that on the expiration of six years from the date of the decease
of any person dying intestate, it shall be lawful for the Governor or Officer
Administering the Government of this Colony to direct the remittal of all funds which
shall be in the Colonial Treasury as the unclaimed estate of any intestate to the Lords
Official Commissioners of Her Majesty's Treasury to be dealt with according to law : Provided
Administrator's
certificate of always, that a certificate be given by the Official Administrator of intestate estates
advertisements.
showing that due advertisement has been made for claims against such estate, and for
claims against such balance of such estate , and that, so far as is known to such Official
Administrator, no further claim to be made in this Colony can reasonably be expected
against such balance of such estate.
Lodgment of 3. And be it further enacted and ordained , that it shall be lawful for the Governor
unclaimed
balances in a
chartered bank. or Officer Administering the Government in his discretion to direct that all or any
unclaimed balances as aforesaid at any time previous to the expiration of six years as
aforesaid, be lodged in a chartered bank within this Colony, under such securities as
shall be satisfactory to him, at such rate of interest as may be procurable, and that
the amount of such interest shall be added to, and considered portion of, such
unclaimed balance as aforesaid.
[ Repealed by Ordinance No. 1 of 1857.]
ORDINANCE No. 6 OF 1855 . 307
Common Law Procedure.
No. 6 of 1855.
An Ordinance for the Amendment of the Civil Administration Title.
[See Ord. No.
of Justice. 5 of 1856, and
Ord. No. 13 of
[ 25th August, 1855. ] 1873.]
Preamble.
HEREAS it is expedient that the practice and procedure of the 15 & 16
WH Vict. c . 76.
Supreme Court should be amended , and that certain provisions
17 & 18
of " The Common Law Procedure Act, 1852 ," and " The Common Law Vict. c. 125 .
Procedure Act, 1854 ," be adopted : Be it therefore enacted and ordained
by His Excellency the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
Trial without Jury. -Arbitration.
1. The parties to any cause may, by consent in writing, signed by Court may, by
consent, try
them or their attornies or agents, as the case may be, leave the decision questions of
fact.
of any issue of fact to the Court, provided that the Court, upon a rule to
show cause, shall, in its discretion , think fit to allow such trial ; and such
issue of fact may thereupon be tried and determined, and damages
assessed where necessary , in open Court, either in term or vacation, by
the Court ; and the verdict of such Court shall be of the same effect as
the verdict of a jury, save that it shall not be questioned upon the ground
of being against the weight of evidence ; and the proceedings upon and
after such trial , as to the power of the Court, the evidence, and other
wise , shall be the same as in the case of trial by jury.
2. If it be made appear, at any time after the issuing of a writ, Power to
Court to
(commencement of action , ) to the satisfaction of the Court, upon the direct
arbitration
application of either party , that the matter in dispute consists wholly or before trial.
in part of matters of mere account which cannot conveniently be tried
in the ordinary way, it shall be lawful for such Court, upon such appli
cation, if it think fit, to decide such matter in a summary manner, or to
order that such matter, either wholly or in part, be referred to an arbi
trator appointed by the parties, or to an officer of the Court, upon such
terins as to costs and otherwise as such Court shall think reasonable ; and
the decision or order of such Court, or the award or certificate of such
referee , shall be enforceable by the same process as the finding of a jury
upon the matter referred .
3. If it shall appear to the Court that the allowance or disallowance Special case
may be
of any particular item or items in such account depends upon a question
stated, and
question of
of law fit to be decided by the Court, or upon a question of fact fit to be fact tried.
308 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
decided by a jury, or by the Court upon the consent of both parties as
hereinbefore provided, it shall be lawful for such Court to direct a case
to be stated, or an issue or issues to be tried ; and the decision of the
Court upon such case and the finding of the jury or Court upon such
issue or issues , shall be taken and acted on by the arbitrator as conclu
sive.
Arbitrator 4. It shall be lawful for the arbitrator upon any compulsory refer
may state
special case. ence as hereinbefore provided , or upon any reference by consent of par-
ties where the submission is or may be made a rule of Court , if he shall
think fit, and if it is not provided to the contrary, to state his award , as
to the whole or any part thereof, in the form of a special case for the opi
nion of the Court , and when an action is referred , judgment, if so ordered ,
may be entered according to the opinion of the Court.
Power to
Court to 5. If upon the trial of any issue of fact by the Court, it shall appear
direct to the Court that the questions arising thereon involve matter of account
arbitration at
time of trial, which cannot conveniently be tried before it, it shall be lawful for it , at
when issues of
fact are left its discretion, to order that such matter of account be referred to an ar
toits decision.
bitrator appointed by the parties, or to an officer of the Court, upon such
terms as to costs, and otherwise, as such Court shall think reasonable ;
and the award or certificate of such referee shall have the same effect as
hereinbefore provided as to the award or certificate of a referee before
trial ; and it shall be competent for the Court to proceed to try and dis
pose of any other matter in question , not referred , in like manner as if
no reference had been made .
Proceedings
before and 6. The proceedings upon any such arbitration as aforesaid shall ,
power of such
arbitrator. except otherwise directed hereby, or by the submission or document au
thorizing the reference, be conducted in like manner, and subject to the
same rules and enactments , as to the power of the arbitrator, and of the
Court, the attendance of witnesses , the production of documents , enfor
cing or setting aside the award, and otherwise , as upon a reference made
by consent under a rule of Court or Judge's order.
Power to send 7. In any case where reference shall be made to arbitration as
back to
arbitrator. aforesaid, the Court shall have power at any time , and from time to time ,
to remit the matters referred , or any or either of them, to the reconsider
ation and redetermination of the said arbitrator, upon such terms as to costs
and otherwise, as to the said Court may seem proper.
}
ORDINANCE No. 6 of 1855 . 309
Common Law Procedure.
8. All applications to set aside any award made on a compulsory Application
to set aside
reference hereinbefore provided for, shall and may be made within the the award.
[See Ord.
first seven days of the term next following the publication of the award No. 3 of 1858
8. 1.]
to the parties, whether made in vacation or term ; and if no such application
is made, or if no rule is granted thereon , or if any rule granted thereon is
afterwards discharged, such award shall be final between the parties .
9. Any award made on a compulsory reference hereinbefore provided Enforcing
award within.
for, by the authority of the Court, on such terms as to it may seem period for
setting same
reasonable, may be enforced at any time after seven days from the time aside.
of publication, notwithstanding that the time for moving to set it aside
has not elapsed .
If action
10. Whenever the parties to any deed or instrument in writing to commenced
be hereafter made or executed , or any of them , shall agree that any then by one party
after all have
existing or future differences between them or any of them shall be agreed to
arbitration,
referred to arbitration and any one or more of the parties so agreeing, or Court may
stay proceed
any person or persons claiming through or under him or them, shall ings.
nevertheless commence any action at law or suit in equity against the
other party or parties, or any of them, or against any person or persons
claiming through or under him or them in respect of the matters so agreed
to be referred, or any of them , it shall be lawful for the Court, on appli
cation by the defendant or defendants , or any of them , after appearance
and before plea or answer, upon being satisfied that no sufficient reason
exists why such matters cannot be or ought not to be referred to arbitra
tion according to such agreement as aforesaid, and that the defendant was
at the time of the bringing of such action or suit, and still is, ready and
willing to join and concur in all acts necessary and proper for causing
such matters so to be decided by arbitration , to make a rule or order
staying all proceedings in such action or suit , on such terms as to costs
and otherwise as to such Court may seem fit ; provided always, that any
such rule or order may at any time afterwards be discharged or varied as
justice may require.
11. If, in any case of arbitration , the document authorizing the re On failure of
parties or
ference provide that the reference shall be to a single arbitrator, and all arbitrators,
Court may
the parties do not, after differences have arisen , concur in the appoint appoint single
arbitrator or
ment of an arbitrator ; or if any appointed arbitrator refuse to act, or umpire.
become incapable of acting, or die, and the terms of such document do
not shew that it was intended that such vacancy should not be supplied,
310 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
and the parties do not concur in appointing a new one ; or if where the
parties or two arbitrators are at liberty to appoint an umpire or third ar
bitrator, such parties or arbitrators do not appoint an umpire or third
arbitrator ; or if any appointed umpire or third arbitrator refuse to act , or
become incapable of acting, or die, and the terms of the document author
izing the reference do not shew that it was intended that such a vacancy
should not be supplied , and the parties or arbitrators respectively do not
appoint a new one ; then in every such instance, any party may serve
the remaining parties or the arbitrators, as the case may be, with a
written notice to appoint an arbitrator, umpire, or third arbitrator respect
ively ; and if within seven clear days after such notice shall have been
served, no arbitrator, umpire, or third arbitrator be appointed , it shall be
lawful for the Court, upon summons to be taken out by the party having
served such notice as aforesaid , to appoint an arbitrator, umpire, or third
arbitrator, as the case may be, and such arbitrator, umpire, and third
arbitrator respectively shall have the like power to act in the reference and
make an award as if he had been appointed by consent of all parties.
When 12. When the reference is , or is intended to be, to two arbitrators ,
reference is
to two arbi one appointed by each party, it shall be lawful for either party, in the case
trators, and
one party fail of the death, refusal to act, or incapacity of any arbitrator appointed by
to appoint,
other party him , to substitute a new arbitrator, unless the document authorizing the
may appoint
arbitrator to reference show that it was intended that the vacancy should not be supplied ;
act alone.
and if on such a reference one party fail to appoint an arbitrator, either
originally or by way of substitution as aforesaid , for seven clear days after
the other party shall have appointed an arbitrator, and shall have served
the party so failing to appoint with notice in writing to make the appoint
ment, the party who has appointed an arbitrator may appoint such arbi
trator to act as sole arbitrator in the reference and an award made by him
shall be binding on both parties, as if the appointment had been by con
sent ; provided, however, that the Court may revoke such appointment, on
such terms as shall seem just .
Two arbitra 13. When the reference is to two arbitrators , and the terms of the
tors may
appoint document authorizing it do not show that it was intended that there should
umpire.
not be an umpire, or provide otherwise for the appointment of an umpire,
the two arbitrators may appoint an umpire at any time within the period
during which they have power to make an award, unless they be called
upon by notice as aforesaid to make the appointment sooner.
>
ORDINANCE No. 6 of 1855 . 311
Common Law Procedure.
14. The arbitrator acting under any such document or compulsory Award
made intothree
be
order or reference as aforesaid , or under any order referring the award months unless
parties or
back, shall make his award under his hand , and (unless such document Court enlarge
time.
or order respectively shall contain a different limit of time ) within three
months after he shall have been appointed , and shall have entered on the
reference, or shall have been called upon to act by a notice in writing
from any party ; but the parties may by consent in writing enlarge the
term for making the award ; and it shall be lawful for the Court for good
cause to be stated in the rule or order for enlargement, from time to time
.
to enlarge the term for making the award ; and if no period be stated for
the enlargement in such consent or order for enlargement , it shall be deemed
to be an enlargement for one month ; and in any case where an umpire shall
have been appointed , it shall be lawful for him to enter on the reference
in lieu of the arbitrators , if the latter shall have allowed their time or their
extended time to expire without making an award, or shall have deliver
ed to any party, or to the umpire, a notice in writing stating that they
cannot agree.
15. When any award made on such submission , document , or order Rule to
deliver posses
of reference as aforesaid , directs that possession of any lands or tenements sion of land
pursuant to
capable of being the subject of an action of ejectment shall be delivered award, to be
enforced as a
to any party, either forthwith or at any future time, or that any such party judgment in
ejectment.
is entitled to the possession of any such lands or tenements , it shall be
lawful for the Court to order any party to the reference who shall be in
possession of any such lands or tenements, or any person in possession of
the same claiming under or put in possession by him since the making of
the document authorizing the reference , to deliver possession of the same
to the party entitled thereto, pursuant to the award , and such rule or
order to deliver possession shall have the effect of a judgment in ejectment
against every such party or person named in it, and execution may issue,
and possession shall be delivered by the sheriff as on a judgment in
ejectment.
16. Every agreement or submission to arbitration by consent, Agreement or
submission in
whether by deed or instrument in writing not under seal, may be made writing may
be made rule
a rule of Court , on the application of any party thereto , unless such of Court, un
less a contrary
agreement or submission contain words purporting that the parties intend intention
appear.
that it should not be made a rule of Court.
312 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Trial.
Power to 17. It shall be lawful for the Court , at the trial of any cause where
adjourn trial.
it inay deem it right for the purpose of justice , to order an adjournment
for such time, and subject to such terms and conditions as to costs, and
otherwise, as the said Court may think fit.
Affirmation 18. If any person , not being a native of China, called as a witness, or required or
in stead of oath
in certain cases. desiring to make an affidavit or deposition, shall refuse, or be unwilling from alleged
[See Ord. No. 2 of
1860.]
conscientious motives, to be sworn , it shall be lawful for the Court or other presiding
officer, or person qualified to take affidavits or depositions, upon being satisfied of the
sincerity of such objection , to permit such person , instead of being sworn, to make his
or her solemn affirmation or declaration in the words following ; videlicet.
" I A. B. , do solemnly, sincerely, and truly affirm and declare, that the taking
of any oath is, according to my religious belief, unlawful ; and I do
solemnly, sincerely, and truly affirm and declare, & c.”
which solemn affirmation and declaration shall be of the same force and effect as if
such person had taken an oath in the usual form. [ Repealed by Ordinance No. 2 of
1889.]
Statement 19. If any person, being a native of China, called as a witness, or required or
instead of oath
by Chinese. desiring to make an affidavit or deposition, shall refuse or be unwilling to be sworn, it
[See Ord. No. 2 of
1860.] shall be lawful for the Court or other presiding officer, or person qualified to take
affidavits or depositions, if it or he shall think fit, after having duly cautioned or
caused to be cautioned him or her to speak the truth, to permit such person, instead of
being sworn, to make his or her statement, which statement shall be of the same force
and effect as if such person had taken an oath in the usual form . [ Repealed by
Ordinance No. 2 of 1889.]
Persons making 20. If any person, not being a native of China, making such solemn affirmation
a false affirma
tion or state or declaration, or if any person , being a native of China, making such statement, shall
ment, subject to
same punish wilfully, falsely and corruptly affirm, declare, or state any matter or thing which, if the
ment as for per
jury. same had been sworn in the usual form , would have amounted to wilful and corrupt
[See Ord. No. 2 of
1860. ]
perjury, every such person so offending shall incur the same penalties as by the laws
and ordinances of this Colony are or may be enacted or provided against persons
convicted of wilful and corrupt perjury . [ Repealed by Ordinance No. 2 of 1889. ]
Witnesses.
How far a party
may discredit 21. A party producing a witness shall not be allowed to impeach his credit by
his own witness.
[Extended to general evidence of bad character, but he may, in case the witness shall in the opinion
criminal cases by
Ordinance No. 5 of the Court prove adverse, contradict him by other evidence, or by leave of the Court
of 1856.]
prove that he has made at other times a statement inconsistent with his present
testimony ; but before such last mentioned proof can be given, the circumstances of the
supposed statement, sufficient to designate the particular occasion , must be mentioned
to the witness , and he must be asked whether or not he has made such statement.
[ Repealed by Ordinance No. 2 of 1889.]
}
ORDINANCE No. 6 OF 1855 . 313
Common Law Procedure.
22. If a witness, civil or criminal, upon cross -examination as to a former statement Proof of contra
dictory state
made by him relative to the subject matter of the cause, and inconsistent with his ments of adverse
witness.
[Extended as
present testimony, does not distinctly admit that he has made such statement, proof above.]
may be given that he did in fact make it ; but before such proof can be given, the
circumstances of the supposed statement, sufficient to designate the particular occasion ,
must be mentioned to the witness, and he must be asked whether or not he has made
such statement. [ Repealed by Ordinance No. 2 of 1889. ]
23. A witness may be cross-examined as to previous statements made by him in Cross-examina
tion as to pre
vious statements
writing or reduced into writing, relative to the subject matter of the cause, without in writing.
such writing being shown to him ; but if it is intended to contradict such witness by [Extended as
above.]
the writing, his attention must, before such contradictory proof can be given, be called
to those parts of the writing which are to be used for the purpose of so contradicting
him : Provided always, that it shall be competent for the Court, at any time during
the trial, to require the production of the writing for its inspection, and the said Court
may thereupon make such use of it for the purposes of the trial as it shall think fit.
[Repealed by Ordinance No. 2 of 1889.]
24. A witness in any cause may be questioned as to whether he has been convicted Proof of previous
conviction of a
witness may be
of any felony or misdemeanor, and , upon being so questioned, if he either denies the given.
[Extended as
fact, or refuses to answer, it shall be lawful for the opposite party to prove such above.]
conviction ; and a certificate containing the substance and effect only (omitting the
formal part) of the indictment and conviction for such offence, purporting to be signed
by the clerk of the Court, or other officer having the custody of the records of the Court
where the offender was convicted, or by the deputy of such clerk or officer, shall, upon
proof of the identity of the person, be sufficient evidence of the said conviction ,
without proof of the signature or official character of the person appearing to have
signed the same. [ Repealed by Ordinance No. 2 of 1889. ]
25. It shall not be necessary to prove by the attesting witness any instrument to Attesting
witness need not
be called, except
the validity of which attestation is not requisite ; and such instrument may be proved in certain cases.
[Extended as
by admission, or otherwise, as if there had been no attesting witness thereto. [ Repealed above.]
by Ordinance No. 2 of 1889. ]
26. Comparison of a disputed writing with any writing proved to the satisfaction Comparison of
disputed writing.
of the Court to be genuine shall be permitted to be made by witnesses ; and such [Extended as
above.]
writings, and the evidence of witnesses respecting the same, may be submitted to the
Court and jury as evidence of the genuineness , or otherwise, of the writing in dispute.
[ Repealed by Ordinance No. 2 of 1889.]
Grounds to
27. In every rule nisi for a new trial, or to enter a verdict or non be stated in
rule nisi for
suit, the grounds upon which such rule shall have been granted shall be new trial.
shortly stated therein . [ Extended as
above.]
28. When a new trial is granted on the ground that the verdict Payment of
costs upon
was against evidence, the cost of the first trial shall abide the event, new trial on
matter of
unless the Court shall otherwise order. facts.
[Extended as
above. ]
314 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Motions, &c.
Affidavits on
new matter. 29. Upon motions founded upon affidavits, it shall be lawful for
[Extended as either party, with leave of the Court, to make affidavits in answer to the
above.]
affidavits of the opposite party , upon any new matter arising out of such
affidavits , subject to all such rules as shall hereafter be made respecting
such affidavits .
Power to 30. Upon the hearing of any motion or summons , it shall be lawful
Court to
direct oral for the Court, at its discretion and upon such terms as it shall think rea
examinations
of witnesses . sonable, from time to time to order such documents as it may think fit
[Extended as
above.] to be produced, and such witnesses it may think necessary to appear,
and be examined virâ voce, either before such Court or before the Rc
gistrar, and upon hearing such evidence, or reading the report of such
Registrar, to make such rule or order as may be just .
Proceedings 31. The Court may, by such rule or order, or any subsequent rule
before and
upon such
or order, command the attendance of the witnesses named therein , for the
examination.
purpose of being examined, or the production of any writings or other
documents to be mentioned in such rule or order ; and such rule or order
shall be proceeded upon in the same manner, and shall have the same
[1 W. 4 , c . 22. ] force and effect, as a rule of Court under an Act passed in the first year
of the reign of His late Majesty King William the Fourth , intituled " An Act
to enable Courts of Law to order the examination of Witnesses upon Inter
rogatories or otherwise ;" and it shall be lawful for the Court or Registrar
to adjourn the examination from time to time as occasion may require ;
and the proceedings upon such examination shall be conducted and the
depositions taken down , as nearly as may be in the mode now in use
with respect to the viva voce examination of witnesses under the said Act.
Examination 32. Any party to any civil action or other civil proceeding in Court ,
of person who
refuses to requiring the affidavit of a person who refuses to make an affidavit, may
make an
affidavit. apply by summons for an order to such person to appear and be examined
upon oath before the Court or Registrar, to whom it may be most con
venient to refer such examination , as to the matters concerning which he
has refused to make an affidavit ; and the Court may, if it think fit, make
such order for the attendance of such person before the person therein
appointed to take such examination, for the purpose of being examined.
as aforesaid, and for the production of any writings or documents to be
mentioned in such order, and may thereupon impose such terms as to
such examination , and the costs of the application and proceedings there
in, as it shall think just .
ORDINANCE No. 6 OF 1855 . 315
Common Law Procedure.
33. Such order shall be proceeded upon in like manner as an order
upon order
made under the hereinbefore mentioned Act passed in the first year of for examina
tion.
the reign of his late Majesty King William the Fourth, and the exami
nation thereon shall be conducted , and the depositions taken down and
returned, as nearly as may be in the mode now used on vivâ voce ex
aminations under the said Act of Parliament.
34. Upon the application of either party to any cause or other civil Discovery of
documents.
proceeding in Court, upon an affidavit of such party of his belief that any
document, to the production of which he is entitled for the purpose of
discovery or otherwise, is in the possession or power of the opposite party,
it shall be lawful for the Court to order that the party against whom
such application is made, or if such party is a body corporate, that some
officer to be named of such body corporate, shall answer on affidavit ,
stating what documents he or they has or have in his or their possession
or power relating to the matters in dispute, or what he knows as to the
custody they or any of them are in, and whether he or they objects or
object (and if so on what grounds, ) to the production of such as are in
his or their possession or power; and upon such affidavit being made, the
Court may make such further order thereon as shall be just .
35. In all causes in Court, by order of the Court, the plaintiff may Power to
deliver
with the declaration , and the defendant may with the plea , or either of written
interrogato
them by leave of the Court may, at any other time, deliver to the opposite ries to op
posite party.
party or his attorney , (provided such party, if not a body corporate,
would be liable to be called and examined as a witness upon such matter , )
interrogatories in writing upon any matter as to which discovery may be
sought, and require such party, or in the case of a body corporate any of
the officers of such body corporate, within ten days to answer the questions
in writing by affidavit, to be sworn and filed in the ordinary way ; and
any party or officer omitting, without just cause, sufficiently to answer
all questions as to which a discovery may be sought within the above
time, or such extended time as the Court shall allow , shall be deemed to
have committed a contempt of the Court, and shall be liable to be
proceeded against accordingly.
36. The application for such order shall be made upon an affidavit Affidavits by
party pro
of the party proposing to interrogate, and his attorney or agent, or in the posing to
interrogate
case of a body corporate , of their attorney or agent, stating that the and his
attorney.
deponents or deponent believe or believes that the party proposing to
316 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
interrogate, whether plaintiff or defendant, will derive material benefit in
the cause from the discovery which he seeks, that there is a good cause
of action or defence upon the merits , and , if the application be made on
the part of the defendant, that the discovery is not sought for the purpose
of delay ; provided that where it shall happen , from unavoidable
circumstances, that the plaintiff or defendant cannot join in such affidavit ,
the Court may, ifit think fit, upon affidavit of such circumstances by which
the party is prevented from so joining therein , allow and order that the
interrogatories may be delivered without such affidavit .
Oral exami 37. In case of omission , without just cause, to answer sufficiently
nation of
parties, when such written interrogatories , it shall be lawful for the Court, at its discre
to be allowed .
tion, to direct an oral examination of the interrogated party, as to such
point as they or he may direct, before the Court or Registrar ; and the
Court may, by such rule or order, or any subsequent rule or order, com
mand the attendance of such party or parties before the person appointed
to take such examination , for the purpose of being orally examined as
aforesaid , or the production of any writings or other documents to be
mentioned in such rule or order, and may impose therein such terms as
to such examination , and the costs of the application , and of the proceed
ings thereon , and otherwise , as to such Court shall seem just .
Proceedings 38. Such rule or order shall have the same force and effect, and may
upon such
rule or order. be proceeded upon in like manner, as an order made under the said here-
inbefore mentioned Act passed in the first year of the reign of His late
Majesty King William the Fourth .
Depositions 39. Whenever, by virtue of this Ordinance , an examination of any
upon such
examination witness or witnesses has been taken before the Court or before the Regis
to be returned
to Registrar's trar, the depositions taken down by such examiner shall be returned to
office.
and kept in the Registrar's office of the Court ; and office copies of such
[ 1 W. 4 , c.22. ] depositions may be given out, and the depositions may be otherwise used ,
in the same manner as in the case of depositions taken under the herein
before mentioned Act passed in the first year of the reign of His late Ma
jesty King William the Fourth.
Examiner to 40. It shall be lawful for the Registrar named in any such rule or
make report
to the Court. order as aforesaid for taking examinations under this Ordinance, and he
is hereby required to make, if need be, a special report to the Court touch
ing such examination , and the conduct or absence of any witness or other
person thereon or relating thereto ; and the Court is hereby authorized to
ORDINANCE No. 6 of 1855 . 317
Common Law Procedure.
institute such proceedings and make such order and orders upon such
report as justice may require, and as may be instituted and made in any
case of contempt of the Court.
41. The costs of every application for any rule or order to be made The costs of
rule and exa
for the examination of witnesses by virtue of this Ordinance, and of the mination to be
in discretion
rule or order and proceedings thereon , shall be in the discretion of the of the Court.
Court.
Jury.
42. Either party shall be at liberty to apply to the Court or Judge Inspection
by jury, by
for a rule or order for the inspection by the jury or by himself or by his parties, or by
witnesses.
witnesses, of any real or personal property, the inspection of which may
be material to the proper determination of the question in dispute ; and
it shall be lawful for the Court, if it think fit, to make such rule or order
upon such terms as to costs and otherwise as such Court may direct .
[ Extended to criminal cases by Ordinance No. 5 of 1856. ]
43. It shall be lawful for the Court to make such rules or orders Rule or order:
for sum
upon the sheriff or other person as may be necessary to procure the at moning jury.
tendance of a special or common jury for the trial of any cause or matter
depending in such Court, at such time and place and in such manner as
the said Court may think fit. [ Extended as in last section . ]
Revivor.
44. With respect to proceedings for the revival of judgments and Proceedings
to revive.
other proceedings by and against persons not parties to the record, it shall
be lawful that during the lives of the parties to a judgment, or those of
them during whose lives execution may at present issue within a year
and a day, without a scire facias, and within six years from the recovery
of the judgment, execution may issue without a revival of the judgment.
45. In cases where it shall become necessary to revive a judgment Judgment to
be received
by reason either of lapse of time or of a change by death or otherwise of by suggestion.
the parties entitled or liable to execution , the party alleging himself to
be entitled to execution may either sue out a writ of revivor in the form
hereinafter mentioned , or apply to the Court for leave to enter a suggestion
upon the roll to the effect that it manifestly appears to the Court that such
party is entitled to have execution of the judgment and to issue execution
thereupon , such leave to be granted by the Court upon a rule to shew
cause, and which rule may be in the form to this Ordinance annexed
marked A.
318 ORDINANCE No. 6 OF 1855.
Common Law Procedure.
Application 46. Upon such application , in case it manifestly appears that the
for sugges
tion. party making the same is entitled to execution , the Court shall allow
such suggestion as aforesaid to be entered in the form to this Ordinance.
annexed marked B, and execution to issue thereupon , and shall order
whether or not the costs of such application shall be paid to the party
making the same, and in case it does not manifestly so appear, the Court
shall discharge the rule with or without costs : Provided nevertheless ,
that in such last mentioned case, the party making such application shall
be at liberty to proceed by writ or revivor or action upon the judgment.
Writ of 47. The writ of revivor shall be directed to the party called upon
revivor, and
proceedings to show cause why execution should not be awarded, and shall bear teste
thereunder.
on the day of its issuing ; and after reciting the reason why such writ
has become necessary , it shall call upon the party to whom it is directed
to appear within eight days after service thereof in the Supreme Court,
to show cause why the party at whose instance such writ has been issued
should not have execution against the party to whom such writ is directed ,
and it shall give notice that, in default of appearance, the party issuing
such writ may proceed to execution ; and such writ may be in the form
C, to this Ordinance annexed, and may be served and otherwise proceeded
upon, whether in term or vacation , in the same manner as a writ of sum
mons, and the pleadings and proceedings upon such writ and the rights of
the parties respectively to costs shall be the same as in an ordinary action .
Writs of scire 48. All writs of scire facias issued out ofthe Supreme Court against
facias.
bail on a recognizance ; against members of a joint stock company or other
body, upon a judgment recorded against a public officer or other person
sued as representing such company or body, or against such company or
body itself; by or against a husband to have execution of judgment for or
against a wife ; for restitution after reversal or appeal ; upon suggestion
of further breaches after judgment for any penal sum, pursuant to the
[8 & 9 W. 3, Statute passed in the Session of Parliament held in the eighth and ninth
e. 11.]
years of the reign of His late Majesty King William the Third, entitled
" An Act for the better preventing frivolous and vexatious suits " shall
be tested , directed , and proceeded upon , in like manner as writs of revivor.
Notice. 49. Notice in writing to the plaintiff, his attorney or agent, shall .
be sufficient appearance to a writ of revivor.
Writ of 50. A writ of revivor to revive a judgment less than ten years old
revivor how
procured. shall be allowed without any rule or order ; if more than ten years old ,
ORDINANCE No. 6 OF 1855 . 319
Common Law Procedure.
not without a rule of Court or Judge's order ; nor if more than fifteen ,
without a rule to show cause.
Judgment Debtors.
51. It shall be lawful for any creditor who has obtained a judgment Examination
of judgment
in the Supreme Court, to apply to the said Court for a rule or order that debtor as to
debts due to
the judgment debtor should be orally examined as to any and what debts him.
are owing to him, before the Registrar of the said Court, or such other
person as the said Court shall appoint ; and the said Court shall make
such rule or order for the examination of such judgment debtor, and for
the production of any books or documents , and the examination shall be
conducted in the same manner, as in the case of an oral examination of
an opposite party before the Registrar under this Ordinance.
52. It shall be lawful for the said Court, upon the ex parte appli- Court may
order an
cation of such judgment creditor, either before or after such oral examin attachment
of debts.
ation, and upon affidavit by himself or his attorney stating that judgment
had been recovered, and that it is still unsatisfied , and to what amount,
and that any other person is indebted to the judgment debtor , and is
within the jurisdiction of the Court , to order that all debts owing or
accruing from such third person ( hereinafter called garnishee ) to the
judgment debtor, shall be attached to answer the judgment debt ; and by
the same, or any subsequent order , it may be ordered that the garnishee
shall appear before the Court or Registrar, as the Court shall appoint , to
shew cause why he should not pay the judgment creditor the debt due
from him to the judgment debtor , or so much thereof as may be sufficient
to satisfy the judgment debt.
53. Service of an order that debts due or accruing to the judgment Order for
attachment to
debtor shall be attached , on notice thereof to the garnishee , in such manner bind debts.
as the Court shall direct, shall bind such debts in his hands .
54. If the garnishee does not forthwith pay into Court the amount Proceedings
to levy
due from him to the judgment debtor , or an amount equal to the judgment amount due
from garni
debt, and does not dispute the debt due or claimed to be due from him to shee to
judgment
the judgment debtor, or if he does not appear upon summons, then this debtor.
Court may order execution to issue, and it may be sued forth accordingly,
without any previous writ or process , to levy the amount due from such
garnishee towards satisfaction of the judgment debt .
-320 ORDINANCE No. 6 OF 1855.
Common Law Procedure.
Court may
allow judg 55. If the garnishee disputes his liability, the Court, instead of
ment creditor making an order that execution shall issue , may order that the judgment
to sue garni
shee.
creditor shall be at liberty to proceed against the garnishee by writ,
calling upon him to shew cause why there should not be execution against
him for the alleged debt, or for the amount due to the judgment debtor,
if less than the judgment debt, and for cost of suit ; and the proceedings
on such suit shall be the same, as nearly as may be, as upon a writ of
revivor.
Garnishee
56. Payment made by or execution levied upon the garnishee under
-discharged.
any such proceeding as aforesaid shall be a valid discharge to him as
against the judgment debtor to the amount paid or levied , although such
proceeding may be set aside or the judgment reversed .
Attachment 57. There shall be kept in the Registrar's office a Debt Attachment
book to be
kept by the Book, and in such book entries shall be made of the attachment and
Registrar.
proceedings thereon , with names, dates, and statements of the amount
recovered and otherwise ; and copies of any entries made therein may be
taken by any person , upon application to the Registrar.
-Costs of 58. The costs of any application for an attachment of debt under
application.
this Ordinance, and of any proceedings arising from or incidental to such
application , shall be in the discretion of the Court.
Action for
mandamus to 59. The plaintiff in any action , (except replevin and ejectment )
enforce the may endorse upon the writ and copy to be served, a notice that the
performance
of duties. plaintiff intends to claim a writ of mandamus , and the plaintiff may
thereupon claim in the declaration, either together with any other demand
which may now be enforced in such action , or separately, a writ of manda
mus commanding the defendant to fulfil any duty in the fulfilment of which
the plaintiff is personally interested .
Declaration 60. The declaration in such action shall set forth sufficient grounds
in action for
mandamus. upon which such claim is founded , and shall set forth that the plaintiff
is personally interested therein , and that he sustains or may sustain
damage by the non-performance of such duty, and that performance
thereof has been demanded by him and refused or neglected .
Proceedings 61. The pleadings and other proceedings in any action in which a
upon claim
for manda
mus. writ of mandamus is claimed shall be the same in all respects, as nearly
as may be, and costs shall be recoverable by either party , as in an ordinary
action for the recovery of damages .
ORDINANCE No. 6 OF 1855. 321
Common Law Procedure.
62. In case judgment shall be given to the plaintiff that a mandamus
and execu
do issue, it shall be lawful for the Court, if it shall see fit , besides issuing tion.
execution in the ordinary way for the costs and damages , also to issue a
peremptory writ of mandamus to the defendant, commanding him forth
with to perform the duty to be enforced .
63. The writ need not recite the declaration or other proceedings , Form of per
emptory writ.
or the matter therein stated , but shall simply command the performance [ See Ord.
No. 3 of1858
of the duty, and in other respects shall be in the form of an ordinary 8. 1
writ of execution , except that it shall be directed to the party and not to
the sheriff, and may be issued in term or vacation and returnable
forthwith ; and no return thereto, except that of compliance, shall be
allowed , but time to return it may, upon sufficient grounds , be allowed
by the Court, either with or without terms .
64. The writ of mundamus so issued as aforesaid shall have the Effect of writ
of mandamus
same force and effect as a peremptory writ of mandamus, and in case of and proceed
ings to
disobedience, may be enforced by attachment. enforce it.
Court may
65. The Court may, upon application by the plaintiff, besides or order the act
to be done at
instead of proceeding against the disobedient party by attachment, direct the expense
that the act required to be done may be done by the plaintiff, or some of the
defendant.
other person appointed by the Court, at the expense of the defendant ;
and upon the act being done, the amount of such expense may be ascer
tained by the Court , either by writ of inquiry or reference to the Registrar,
as the Court may order ; and the Court may order payment of the amount
of such expenses and costs, and enforce payment thereof by execution .
66. The Court shall have power, if it see fit so to do, upon the Delivery of
specific
application of the plaintiff in any action for the detention of any chattel , chattels
to order that execution shall issue for the return of the chattel detained ,
without giving the defendant the option of retaining such chattel upon
paying the value assessed , or otherwise agreed upon , and that if the said
chattel cannot be found, and unless the Court should otherwise order,
the sheriff shall distrain the defendant by all his lands and chattels till
the defendant render such chattel, or, at the option of the plaintiff, that
he cause to be made of the defendant's goods the assessed value of such
chattel ; provided that the plaintiff shall, either by the same or a separate
writ of execution, be entitled to have made of the defendant's goods the
damages, costs, and interest in such action .
322 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Injunction.
Claim of writ 67. In all cases of breach of contract or other injury, where the
of injunction.
party injured is entitled to maintain and has brought an action, he may,
in like case and manner as hereinbefore provided with respect to mandamus,
claim a writ of injunction against the repetition or continuance of such
breach of contract or other injury, or the committal of any breach of
contract or injury of a like kind , arising out of the same contract , or
relating to the same property or right , and he may also in the same action
include a claim for damages or other redress .
Form of writ 68. The writ of summons in such action shall be in the same form
of summons
and endorse as the writ of summons in any personal action , but on every such writ
ment thereon.
and copy thereof there shall be endorsed a notice , that in default of
appearance the plaintiff may, besides proceeding to judgment and exe
cution for damages and costs , apply for and obtain a writ of injunction .
Form of 69. The proceedings in such action shall be the same, as nearly as
proceedings
and of may be, and subject to the like control , as the proceedings in an action
judgment.
to obtain a mandamus under the provisions hereinbefore contained ; and
in such action judgment may be given that the writ of injunction do or
do not issue , as justice may require ; and in case of disobedience , such
writ of injunction may be enforced by attachment by the Court.
Writ of 70. It shall be lawful for the plaintiff, at any time after the com
injunction
may be mencement of the action , and whether before or after judgment, to apply
applied for at
any stage of ex parte to the Court for a writ of injunction to restrain the defendant in
the cause .
such action from the repetition or continuance of the wrongful act or
breach of contract complained of, or the committal of any breach of
contract or injury of a like kind, arising out of the same contract, or
relating to the same property or right ; and such writ may be granted or
denied by the Court upon such terms as to the duration of the writ,
keeping an account, giving security, or otherwise, as to such Court shall
seem reasonable and just ; and in case of disobedience , such writ may be
enforced by attachment by the Court.
Equitable 71. It shall be lawful for the defendant or plaintiff in any cause in
defence may
be pleaded. Court in which, if judgment were obtained , he would be entitled to relief
against such judgment on equitable grounds, to plead the facts which
entitle him to such relief by way of defence, and the Court is hereby
empowered to receive such defence by way of plea ; provided that such
plea shall begin with the words " For defence on equitable grounds , " or
words to the like effect.
ORDINANCE No. 6 OF 1855 . 323
Common Law Procedure.
72. Any such matter which , if it arose before or during the time Equitable
defence after
for pleading, would be an answer to the action by way of plea, may, if it judgment.
arise after the lapse of the period during which it could be pleaded , be
set up by way of auditâ querelâ.
73. The plaintiff may reply, in answer to any plea of the defendant, Equitable
replication.
facts which avoid such plea upon equitable grounds ; provided that such
replication shall begin with the words " For replication on equitable
grounds," or words to the like effect.
Court may
74. Provided always , that in case it shall appear to the Court, that strike out
any such equitable plea or equitable replication cannot be dealt with by equitable
plea or
a Court of Law so as to do justice between the parties , it shall be lawful replication .
for such Court to order the same to be struck out on such terms as to
costs and otherwise as to such Court may seem reasonable.
75. In case of any action founded upon a bill of exchange or other Actions on
lost instru
negotiable instrument, it shall be lawful for the Court to order that the ments.
loss of such instrument shall not be set up, provided an indemnity is
given, to the satisfaction of the Court or Registrar, against the claims of
any other person upon such negotiable instrument.
76. The Court may, upon summary application by rule or order, Jurisdiction
under Ship
exercise such and the like jurisdiction as may, under the provisions of an owners Act.
[ 53. G. 3., c.
Act of Parliament made and passed in the fifty -third year of the reign of 159. ]
His Majesty King George the Third , intituled an " Act to limit the Re
sponsibility of Ship Owners in certain cases, " be exercised by any Court
of Equity .
77. Any person who shall upon any examination upon oath or affirmation, or False evidence.
statement, or in any affidavit in proceedings under this Ordinance , wilfully and corruptly
give false evidence, or wilfully and corruptly swear or affirm any thing which shall be
false, being convicted thereof, shall be liable to the penalties of wilful and corrupt
perjury. [Repealed by Ordinance No. 2 of 1889. ]
Judgment by Default, &c.
78. With respect to judgment by default and the mode of ascertain Rule to
compute
ing the amount to be recovered thereupon , be it further enacted and abolished.
Judgment by
ordained , that no rule to compute shall be necessary or used ; and that , default for
liquidated
in actions where the plaintiff seeks to recover a debt or liquidate demand demands
final.
in money, judgment by default shall be final .
324 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Inquiry of 79. In actions in which it shall appear to the Court that the amount
damages may
be directed to
take place of damages sought to be recovered by the plaintiff is substantially a mat
before the ter of calculation , it shall not be necessary to issue a writ of injuiry, but
Registrar.
the Court may direct that the amount, for which final judgment is to be
signed, shall be ascertained by the Registrar of the Supreme Court ; and
the attendance of witnesses and the production of documents before such
Registrar may be compelled by subpoena, in the same manner as before a
jury upon a writ of inquiry ; and it shall be lawful for such Registrar to
adjourn the inquiry from time to time, as occasion may require ; and the
Registrar shall endorse upon the rule or order for referring the amount
of damages to him, the amount found by him, and shall deliver the rule
or order, with such endorsement, to the plaintiff; and such and the like
proceedings may thereupon be had as to taxation of costs , signing judg
ment, and otherwise, as upon the finding of a jury upon a writ of inquiry.
Judgment 80. In all actions where the plaintiff recovers a sum of money , the
for money
demands amount to which he is entitled may be awarded to him by the judgment
without
distinction generally, without any distinction being therein made as to whether such
between debt
and damages. sum is recovered by way of a debt or damages .
Saving as to 81. Nothing in this Ordinance contained shall in any way affect the
certain
provisions of provisions of a certain Act of Parliament passed in the Session of Parlia
[ 8 & 9 W. 3,
c. 11. ] ment holden in the eighth and ninth years of the reign of His Majesty
King William the Third , intituled " An Act for the better preventing fri
volous and vexatious suits ," or to the assignment or suggestion of brea
ches, or as to judgment for a penalty as a security for damages in respect
of further breaches .
Abatement.
Action not to 82. With respect to the effect of death, marriage, bankruptcy, or
abate by
death. insolvency upon the proceedings in an action ; be it further enacted and
ordained, that the death of a plaintiff or defendant shall not cause an
action to abate, but it may be continued as hereinafter mentioned.
In case of
death of one 83. If there be two or more plaintiffs or defendants, and one or more
or more of of them should die, if the cause of action survive to the remaining plain
several
plaintiffs or tiff or plaintiffs , or against the remaining defendant or defendants, the
defendants.
action shall not thereby abate ; but such death being suggested on the
record, the action shall proceed at the suit of the remaining plaintiff or
plaintiffs against the remaining defendant or defendants.
ORDINANCE No. 6 or 1855 . 325
Common Law Procedure.
84. In the case of the death of a sole plaintiff or sole remaining In case of sole
plaintiff.
plaintiff, the legal representative of such plaintiff may, by leave of the
Court, enter a suggestion of the death , and that he is such legal represen
tative, and the action shall thereupon proceed ; and , if such suggestion be
made before the trial , the truth of such suggestion shall be tried thereat,
together with the title ofthe dead plaintiff, and such judgment shall follow
upon the verdict in favor of or against the person making such suggestion ,
as if such person were originally the plaintiff.
85. In case of the death of a sole defendant or sole remaining defend Upon death
of sole or soie
ant, where the action survives , the plaintiff may make a suggestion , either surviving
defendant.
in any
of the pleadings , if the cause has not arrived at issue, or in a copy
of the issue, if it has so arrived , of the death , and that a person therein
named is the executor or administrator of the deceased ; and may there
upon serve such executor or administrator with a copy of the writ and
suggestion, and with a notice, signed by the plaintiff or his attorney , re
quiring such executor or administrator to appear within eight days after
service of the notice , inclusive of the day of such service , and that in
default of his so doing the plaintiff may sign judgment against him as such
executor or administrator ; and the same proceedings may ensue in case
of non-appearance after such notice as upon a writ against such executor
or administrator in respect of the cause for which the action was brought ;
and in case no pleadings have taken place before the death , the suggestion
shall form part of the declaration , and the declaration and suggestion may
be served together, and the new defendant shall plead thereto at the same
time ; and in case the plaintiff shall have declared , but the defendant shall
not have pleaded, before the death, the new defendant shall plead at the
same time to the declaration and suggestion ; and in case the defendant
shall have pleaded before the death , the new defendant shall be at liberty
to plead to the suggestion , only by way of denial, or such plea as may be
appropriate to or rendered necessary by his character of executor or ad
ministrator, unless by leave of the Court he should be permitted to plead
fresh matter in answer to the declaration ; and in case the defendant shall
have pleaded before the death , but the pleadings shall not have arrived at
issue, the new defendant, besides pleading to the suggestion, shall continue
the pleadings to issue in the same manner as the deceased might have
done, and the pleadings upon the declaration and upon the suggestion
shall be tried together ; and in case the plaintiff shall recover, he shall be
entitled to the like judgment in respect of the debt or sum sought to be
326 ORDINANCE No. 6 of 1855 .
Common Law Procedure.
recovered, and in respect of the costs prior to the suggestion , and in re
spect of the costs of the suggestion , and subsequent thereto he shall be
entitled to the like judgment as in an action originally commenced
against the executor or administrator.
Death
between 86. The death of either party between verdict and judgment shall
verdict and
judgment. not hereafter be alleged for error so as such judgment be entered within
two terms after such verdict.
In case of 87. Ifthe plaintiff in any action happen to die after an interlocutory
death after
interlocutory judgment and before a final judgment obtained therein , the action shall
and before
final judg not thereby abate, if it might be originally prosecuted or maintained by
ment.
the executor or administrator of such plaintiff; and if the defendant die
after such interlocutory judgment and before a final judgment obtained
therein, the action shall not thereby abate if it might be originally pro
secuted or maintained against the executor or administrator of such de
fendant ; and the plaintiff, or , if he be dead after such interlocutory judg
ment, his executors or administrators , may have a writ of revivor in the
form C to this Ordinance annexed , or to the like effect, against the defend
ant, if living after such interlocutory judgment, or if he be dead , then
against his executors or administrators, to shew cause why damages in
such action should not be assessed and recovered by him or them ; and
if such defendant his executors or administrators shall appear at the return
of such writ, and not shew or allege any matter sufficient to arrest the
final judgment, or shall make default, a writ of inquiry of damages shall
be thereupon awarded , or the amount for which final judgment is to be
signed , shall be referred to the Registrar or other officer of the Supreme
Court as hereinbefore provided ; and upon the return of the writ, or de
livery of the order with the amount endorsed thereon to the plaintiff, his
executors or administrators , judgment final shall be given for the said
plaintiff, his executors or administrators , prosecuting such writ of revivor
against such defendant , his executors or administrators , respectively.
Marriage not 88. The marriage of a woman plaintiff or defendant shall not cause
to abate
action. the action to abate , but the action may notwithstanding be proceeded with
to judgment ; and such judgment may be executed against the wife alone,
or by suggestion or writ of revivor pursuant to this Ordinance, judgment
may be obtained against the husband and wife , and execution issue thereon ;
and in case of a judgment for the wife , execution may be issued there
upon by the authority of the husband without any writ of revivor or sug
ORDINANCE No. 6 OF 1855 . 327
Common Law Procedure.
gestion ; and if in any such action the wife shall sue or defend by attorney
appointed by her when sole, such attorney shall have authority to continue
the action or defence, unless such authority be countermanded by the
husband and the attorney changed according to the practice of the Court.
89. The bankruptcy or insolvency of the plaintiff in any action Bankruptcy
or insolvency
which the assignees might maintain for the benefit of the creditors , shall of plaintiff,
when not to
not be pleaded in bar to such action unless the assignees shall decline to abate action.
continue and give security for the costs thereof upon an order of the Court
to be obtained for that purpose within such reasonable time as the Court
may order, but the proceedings may be stayed until such election is made ;
and in case the assignees neglect or refuse to continue the action , and give
such security within the time limited by the order, the defendant may,
within eight days after such neglect or refusal , plead the bankruptcy or
insolvency.
90. Where an action would, but for the provisions of this Ordinance, To compel
continuance
abate by reason of the death of either party, the defendant, or person or abandon
ment of action
against whom the action may be so continued, may apply by summons in case of
death.
to compel the personal representatives of the plaintiff to proceed within
such time as the Court shall order ; and in default of such proceeding ,
the defendant shall be entitled to enter a suggestion of such default , and
of the representative character of the person by or against whom the action
may be proceeded with , as the case may be , and to have judgment for the
costs of the action and suggestion against the plaintiff, or against the per
son entitled to proceed in his room, as the case may be, and in the latter
case to be levied of the goods of the testator or intestate.
Ejectment.
91. If any person shall bring any action of ejectment after a prior Claimant in
second
action of ejectment for the same premises has been or shall have been ejectment for
same premises
unsuccessfully brought by such person , or by any person through or against same
defendant
under whom he claims, against the same defendant, or against any person may be
ordered to
through or under whom he defends , the Court may, if it think fit, on the give security
for costs.
application of the defendant at any time after such defendant has appeared
to the writ, order that the plaintiff shall give to the defendant security
for the payment of the defendant's costs, and that all further proceedings
in the cause shall be stayed until such security be given, whether the
prior action has been or shall have been disposed of by discontinuance or
by non- suit, or by judgment for the defendant.
328 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Amendments.
Amendments. 92. It shall be lawful for the Court at all times to amend all defects
and errors in any proceedings under this Ordinance , whether there is any
thing in writing to amend by or not, and whether the defect or error be
that of the party applying to amend or not ; and all such amendments
may be made with or without costs, and upon such terms as to the Court
may seem fit ; and all such amendments as may be necessary for the
purpose of determining in the existing suit the real question in controversy
between the parties, shall be so made, if duly applied for. [ Extended to
criminal cases by Ordinance No. 5 of 1856. ]
FORMS REFERRED TO.
A.
Forms of Rule or Summons where a judgment Creditor applies
for execution against a judgment Debtor.
(Formal parts as at present.)
C. D. show cause why A. B. (or as the case may be) should not be at liberty to enter
a suggestion upon the roll in an action wherein the said A. B. was plaintiff and the
said C. D. was defendant and wherein the said A. B. obtained judgment for
against the said C. D. on the day of
that it manifestly appears to the Court that the said A. B. is entitled to have execution
of the said judgment and to issue execution thereupon, and why the said C. D. should
not pay to the said A. B. the costs of this application to be taxed .
NOTE. - The above form may be modified according to circumstances.
B.
Form of Suggestion that a judgment Creditor is entitled to execution
against thejudgment Debtor.
And now on the day of it is suggested and manifestly appears
to the Court that the said A. B. (or C. D. as executor of the last will and of testament
of the said A. B. deceased, or as the case may be) is entitled to have execution of the
judgment aforesaid against the said E. F. (or against G. H. as executor of the last
will and testament of the said E. F. , or as the case may be). Therefore it is considered
by the Court that the said A. B. (or C. D. as such executor as aforesaid , or as the case
may be) ought to have execution of the said judgment against the said E. F. (or against
G. H. as such executor as aforesaid, or as the case may be).
ORDINANCES No. 6 OF 1855 AND No. 1 oF 1856. 329
Common Law Procedure. Neutrality.
C.
Form of Writ of Revivor.
Victoria, by the Grace of God, & c., to E. F. of
greeting :
We command you, that within eight days after the service of this writ upon you,
inclusive of the day of such service, you appear in the Supreme Court of Hongkong to
shew cause why A. B. (or C. D. as executor of the last will and testament of the said
A. B. deceased , or as the case may be) should not have execution against you ( if against
a representative, here state such capacity, as the case may be) of a judgment whereby the
said A. B. (or as the case may be) on the day of in the said
Court recovered against you (or as the case may be) and take notice that
in default of your so doing, the said A. B. ( or as the case may be) may proceed to
-execution.
Witness, & c.
No. 1 of 1856.
An Ordinance to continue in operation Ordinance No. 1 of 1855 , " to Title.
enforce Neutrality during the Contest now existing in China."
[ 2nd January, 1856. ]
HEREAS it is necessary for the public good that the provisions of Ordinance.
W No. 1 of 1855, entitled " An Ordinance to enforce neutrality during the
contest now existing in China," be renewed and kept in operation beyond the first
day of January, one thousand eight hundred and fifty- six :—
1. Be it therefore enacted and ordained by His Excellency the Governor of Provisions of
Ordinance No. 1
of 1855
Hongkong, with the advice of the Legislative Council thereof, that all provisions re-enacted, and
to continue in
contained in the said Ordinance No. 1 of 1855 shall, from and after the passing of this force until the
1st January, 1857.
Ordinance, be, and are hereby re- enacted ; and that the same shall be, and are hereby
to continue in force until the first day of January, one thousand eight hundred and
fifty-seven.
[ Repealed by Ordinance No. 4 of 1887. ]
330 ORDINANCE No. 2 of 1856 .
Bills of Lading.
No. 2 of 1856.
Title. An Ordinance to amend the Law relating to Bills of Lading.
[ 12th January, 1856. ]
Preamble.
HEREAS it is expedient that the provisions of an Act of the Imperial Parlia
W ment of the eighteenth and nineteenth years of Her present Majesty, intituled
Enactments of “ An Act to amend the Law relating to Bills of Lading," should be adopted in this
Act of Parlia
ment, 18 and 19
Victoria, Cap. Colony : Be it therefore enacted and ordained by His Excellency the Governor of
91, to be in force
in the Colony. Hongkong, with the advice of the Legislative Council thereof, that the enactments of
the said Act of Parliament, an abstract of which is hereunto annexed , shall, from and
after the passing of this Ordinance, be of force in the Colony of Hongkong.
Abstract of Enactments of Act of Parliament, 18 and 19 Victoria, Cap. 91 , - "lo "
amend the Law relating to Bills of Lading."
Rights under 1. Every consignee of goods named in a bill of lading, and every indorsee of a
bills of lading to
vest in consignee
or indorsee. bill of lading to whom the property in the goods therein mentioned shall pass , upon
or by reason of such consignment or indorsement, shall have transferred to and vested
in him all rights of suit, and be subject to the same liabilities in respect of such goods,
as if the contract contained in the bill of lading had been made with himself.
Not to affect 2. Nothing herein contained shall prejudice or affect any right of stoppage in
right of stoppage
in transitu, or
claims for transitu, or any right to claim freight against the original shipper or owner, or any
freight.
liability of the consignee or indorsee, by reason or in consequence of his being such
consignee or indorsee, or of his receipt of the goods by reason or in consequence of
such consignment or indorsement.
Bill oflading in 3. Every bill of lading in the hands of a consignee or indorsee for valuable con-
hands of consig
nee, &c., conclu
sive evidence of sideration representing goods to have been shipped on board a vessel, shall be con
the shipment clusive evidence of such shipment as against the master or other person signing the
as against mas
ter, &c.
same, notwithstanding that such goods or some part thereof may not have been so
shipped, unless such holder of the bill of lading shall have had actual notice at the
Proviso . time of receiving the same that the goods had not been in fact laden on board : Pro
vided, that the master or other person so signing may exonerate himself in respect of
such misrepresentation, by shewing that it was caused without any default on his part,.
and wholly, by the fraud of the shipper, or of the holder, or some person under whom
the holder claims .
[Repealed by Ordinance No. 29 of 1886. ]
ORDINANCES Nos. 3 AND 4 OF 1856. 331
Imperial Acts Extension. Chinese Wills.
No. 3 of 1856.
An Ordinance to declare certain Acts of the Imperial Parliament Title.
to be in force in the Colony of Hongkong.
[ 29th January , 1856. ]
HEREAS it is expedient that the provisions of certain Acts of the Preamble.
W
Imperial Parliament should be adopted in this Colony : Be it
therefore enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, that the three Three Acts
of Parliament
Acts of Parliament, the titles of which are set forth in the schedule here enumerated
in schedule
unto annexed , shall, from and after the passing of this Ordinance, be in annexed, to
be in force in
force in this Colony, so far as the same are applicable thereto . the Colony.
Schedule ofthe three Acts of Parliament to which this Ordinance refers.
6 & 7 Victoria, cap. 83.-" An Act to amend the Law respecting the Duties of Coroners."
9 & 10 Victoria, cap. 24.- " An Act for removing some Defects in the Administration
of Criminal Justice."
11 & 12 Victoria cap. 46.-" An Act for the Removal of Defects in the Administration
of Criminal Justice."
[ So much as relates (a) to 11 & 12 V. c. 46 ss. 1 , 2, & 3 repealed by Ordinance
No. 11 of 1865; (b. ) to 6 & 7 Vict. c. 83 repealed by Ordinance No. 17 of 1888. ]
No. 4 of 1856.
An Ordinance relating to Wills made by Chinese People. Title.
[ 5th March, 1856.]
HEREAS the laws relating to wills and testamentary writings Preamble.
W prescribe certain formalities touching the signing, acknowledging,
and attesting thereof, and for avoiding all wills and testamentary writings
signed , acknowledged , or attested in any other manner : And whereas the
provisions of the said laws in that behalf, if enforced , will tend to the
avoidance of all wills and testamentary writings made in the Chinese
manner : Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof,
in manner following ; that is to say:
332 ORDINANCES Nos . 4 AND 5 OF 1856 .
Chinese Wills. Common Law Procedure.
Chinese wills
or testamen 1. Any written will or testamentary writing heretofore or to be
tary writings hereafter made or acknowledged by a Chinese testator or testatrix
made in the
Chinese man
ner shall be (whether a native of, or domiciled in this Colony or the Empire of China )
deemed valid. shall , if the same be proved to have been made or acknowledged and
authenticated according to the Chinese laws or usages so as to be effectual
for the transmission of property according to such laws or usages, be
deemed and taken to be lawfully made and acknowledged, and to have
the same virtue and effect as if the same had been made and acknowledged
according to Act of Parliament.
Saving of 2. This Ordinance shall not affect or apply to any judgment or decree
suits, & c.
heretofore made by any Court, or any suit or action now pending therein ,
in which suit or action the validity of any will or testamentary writing
hath or shall come in question , nor any rights heretofore acquired under
and by reason of the laws in force relating to wills or testamentary writings
at the time of the passing of this Ordinance.
No. 5 of 1856 .
Title. An Ordinance for the Amendment of Procedure in Civil and
[See Ords.No.
7 of 1856 and Criminal Cases .
No. 4 of1857. ]
[ 17th March, 1856. ]
Preamble.
HEREAS important reforms have been introduced into the laws of
WH the United Kingdom , with a view of cheapening , simplifying,
and expediting the administration of justice, and it is expedient and
desirable that this Colony should as far as possible have the benefit of
these reforms : Be it therefore enacted and ordained by His Excellency
the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
Extension of 1. Sections 17, 21 , 22, 23, 24, 25 , 26, 29, 30 , 42, 43, and 92 , of Ordinance 19
portions of Ordi
nance No. 6 of
1855 to criminal Victoria, No. 6 of 1855 , shall apply to criminal procedure equally as to civil ; and
cases. where any of the enactments contained in the Common Law Procedure Acts of 1852
and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate
to amendment of pleadings or to evidence , the same shall be interpreted to apply to
criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865. ]
ORDINANCE No. 5 OF 1856. 333
Common Law Procedure.
Extension to
2. Subject to the provisions of this present Ordinance, which shall this Colony
be read with and as forming part of the said Ordinance No. 6 of 1855 , of certain
enactments
such and so many of the enactments of the Imperial Parliament as are and statutory
rules for
specified in schedule A, to this Ordinance annexed, and also such and so amending the
pleading and
many of the rules or orders made by the Judges of the Superior Courts. practice of
the Courts at
of Common Law at Westminster under statutory authority for regulating Westminster.
practice and pleading in the said Courts as are specified in schedule B, to
this Ordinance also annexed , shall , from and after the passing of this Ordi
nance (but so far only as in the said schedules respectively are specified , )
extend to and have force within this Colony : And all powers and duties
thereby respectively conferred or imposed upon any Judges of the said
Superior Courts , any masters thereof, and any sheriffs , gaolers, officers,
or others owing obedience to any of the said Courts , shall respectively
devolve upon and be exercised or performed by the Supreme Court of
this Colony, the Registrar of the said Court, and the sheriff of this Co
lony, and all gaolers, officers , or others within the same, according to
their several and respective jurisdictions and authorities in the premises
respectively. [ So much as relates to 17 and 18 V. c. 36 and to 18 and 19
V. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance
No. 12 of 1864. ]
3. All writs whatsoever shall be tested and bear date the respective Teste and
date of writs.
days whereon the same shall happen to be sued out.
4. Every Court, Magistrate, Commissioner, or officer qualified to take affidavits Unsworn decla
rations of wit
nesses, &c.
or depositions in any matter, civil or criminal, where any person competent to give
evidence or make affidavit therein shall refuse to be sworn thereto, may, at his discre
tion, permit him or her to make an unsworn declaration or statement of his or her
testimony in the said matter, which said declaration or statement shall thenceforth
have the same force and effect in all respects as his or her deposition or affidavit (as
the case may be) to the like purport, if sworn to in the usual way, would have had :
But no such permission shall be granted to any person who shall not have been first ,
by the said Court, Magistrate, Commissioner, or officer, duly warned to speak the
truth, and informed of the penalties which he or she will incur by making a false
declaration or statement under this Ordinance ; and further, who shall not (unless he
or she shall happen to be a heathen) have first satisfied the said Court, Magistrate,
Commissioner, or officer, that his or her objection to take the oath proceeds from a
religious or conscientious belief that the taking of an oath is unlawful. [ Repealed by
Ordinance No. 2 of 1889. ]
5. All proceedings in cases within the meaning of section 514 of Shipowners'
responsibility
the " Merchant Shipping Act 1854," and of any enactments passed or to clauses.
234 ORDINANCE No. 5 OF 1856 .
Common Law Procedure.
be passed for amending the same, shall be by summary application to
the Supreme Court on the common law side, and by way of motion sup
ported by affidavit ; and the said Court shall, if it deem meet, by rule or
order give such relief as by the said section any such competent Court as
in the said Act is mentioned hath power to give.
Further ex
tension of 6. In like manner, any party to an action may, upon his or her
the equitable
jurisdiction of summary application to the said Court, obtain , in the cases specified in
the common
law side of the hereby extended enactments of the " Common Law Procedure Act
the Supreme 1852 ," or in the said Ordinance No. 6 of 1855 , any such writs of in
Court.
junction or other equitable relief as therein expressed : And no such
party shall be obliged to have recourse for such relief to the equity side
of the actual said Court by bill or otherwise.
Striking out 7. It shall be lawful for the said Court to order to be struck out
of equitable
defences. of any pleadings at law, upon such terms as to the said Court shall seem
meet, any equitable plea or equitable replication which doth not appear
to disclose a good defence upon the merits either at law or in equity.
Payment of 8. Payment of money by a defendant into Court shall in no case
money into
Court no ad soever be deemed an admission of any of the causes for which such ac
mission of
cause of ac tion may have been brought.
tion.
Actions of 9. The Attorney General may lawfully institute and prosecute in
ejectment for
Crown lands, his own name an action of ejectment for recovering unto the Crown any
& c., may be
brought by lands , tenements or hereditaments claimed by the Crown and whereof
the Attorney
General. the Crown is not in actual possession .
False testimony. 10. The penalties of wilful and corrupt perjury shall be incurred by any person
who shall falsely swear to, or wit or without oath falsely affirm or state, any matter
of evidence under this or any other Ordinance. [ Repealed by Ordinance No. 2 of 1889. ]
Court of error 11. Until a Court of error and appeal shall be constituted in this
and appeal.
Colony, so much of schedule A to this Ordinance as relates thereto may
be so far as practicable taken advantage of by appeal to Her Majesty
in Council.
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS.
Title or Subject matter How much of the Act is hereby
Date of Act .
of Act. extended to this Colony.
6 & 7 Vict. c. 67. Proceedings in Manda- The whole Act.
mus .
ORDINANCE No. 5 OF 1856. 335
Common Law Procedure.
SCHEDULE A, —Continued.
Date of Act. Title or Subject matter How much of the Act is hereby
of Act. extended to this Colony.
15 & 16 Vict. c. 76. The Common Law Pro The following sections ofthe Act, viz.:
cedure Act, 1852. The sections numbered consecutively
from 2 to 22, both inclusive : Section
23 (except those words in the said
section, "Providing it purport to be
signed by such Consul-General, Vice
Consul, or Consular Agent, upon proof
of the official Character and Signature
of the person appearing to have signed
the same" ) . The sections numbered
consecutively from 24 to 70, both
inclusive (except the exception in
section 70 contained) . The sections
numbered consecutively from 70 to 106,
both inclusive ; from 113 to 120, both
inclusive ; from 123 to 127 , both
inclusive, and from 146 to 226, both
inclusive. And also schedules A. &
B. referred to in the said Act, and
thereto annexed .
16 & 17 Vict. c. 30. Aggravated Assaults. The whole Act, except section 10.
16 & 17 Vict. c. 83. The Evidence Amend The whole of the Act, except section 6.
ment Act, 1853 .
17 & 18 Vict. c. 36. Secret Bills of Sale. The whole of the Act, except section 8.
17 & 18 Vict. c. 90. Usury and Annuities' The whole of the Act, and the schedule
Laws Repeal. thereto annexed, and therein referred
to .
17 & 18 Vict. c. 125. The Common Law Pro The following sections of the Act, viz.:
cedure Act, 1854. Sections 32, 34, 35, 43, 45, 75, 76,
77, 90, 91 , 96, 97, 98, and 106.
18 & 19 Viet. c. 67. Summary Procedure on The sections of the Act numbered
Bills of Exchange . consecutively from 1 to 7, both inclu
sive ( except so far as section 7
may operate to incorporate therewith
such portions of "the Common Law
Procedure Act, 1852 ," and "the Com
mon Law Procedure Act, 1854," as
are not extended to Hongkong ; or
such of the rules made under the said
Acts respectively as are not specified
in schedule B to this Ordinance an
nexed).
336 ORDINANCES Nos . 5 AND 6 OF 1856 .
Common Law Procedure. Criminal Procedure.
SCHEDULE B. ( RULES AND ORDERS) TO WHICH THIS ORDINANCE REFers .
Title & Date of the Subject Matter of the How much of the Rules or Orders are
Rules or Orders. Rules or Orders. hereby extended to this Colony.
Regulæ Generales Practice of the Common The Rules or Orders numbered consecu
Hilary Term , 1853. Law Courts of West tively from 2 to 8 , both inclusive ; and
minster. from 10 to 42, both inclusive : Rule
48 ; The rules numbered consecutively
from 50 to 73, both inclusive ; from 77
to 94, both inclusive ; from 96 to 142,
both inclusive ; from 146 to 164, both
inclusive ; from 166 to 172 , both in
clusive ; 174 and 176 ; And also the
" Forms of Proceedings," or schedule
of forms therein referred to, and there
unto annexed.
Regulæ Generales Pleadings in the Common
Hilary Term, 1853 . Law Courts of West- The whole of the said Rules or Orders.
minster.
Regulæ Generales Practice in the Common The whole of the said Rules ; and also
Michaelmas Vaca Law Courts of West so much of the " Forms of Proceed
tion, 1854. minster. ings" and " Schedule" therein refer
red to and thereunto annexed , as were
not extended to this Colony by the
Ordinance, 19 Vict. No. 6 of 1855.
[ So much as relates to section 1 of 16 & 17 Vict. c. 30 repealed by Ordinance No.
11 of 1865. So much as relates to 17 & 18 Vict. c. 90 repealed by Ordinance
No. 7 of 1886. So much as relates to 16 & 17 Vict. c. 83 repealed by Or
dinance No. 2 of 1889. ]
No. 6 of 1856.
Title. An Ordinance to extend the Criminal Procedure Ordinance, No. 4 of
1852.
[ 17th March, 1856. ]
Preamble. HEREAS it is expedient to extend the operation of Ordinance No. 4 of 1852 :
W Be it enacted and ordained by His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, in manner following :
Abbreviation of 1.In every information for robbery it shall be sufficient to charge that the
forms.
defendant did feloniously rob the party injured ; and in every information for an
ORDINANCE No. 6 OF 1856. 337
Criminal Procedure.
assault with intent to rob, to charge that the defendant did feloniously make an assault
with intent to rob the party injured ; and in every information for demanding property
with menaces or by force with intent to steal the same, to charge that the defendant
did feloniously attempt with menaces or by force or with menaces and force (as the
case may be) to rob the party injured.
2. In all informations for burglary, stealing in a dwelling house, or breaking and The term dwel
ing house, &c.,
shall be a sufti
entering and stealing in a shop, warehouse, or counting house, or a building within the cient description
in cases of
curtilage of a dwelling house, it shall be sufficient to describe the place wherein the burglary, &c.
offence is charged to have been committed as a dwelling house, shop , warehouse ,
counting house, or building within a curtilage (as the case may be), without specifying
the occupant or owner thereof.
3. If upon any trial for either of the said offences enumerated , in the section next Persons charged
with burglary,
immediately preceding, the facts proved in evidence shall authorise a conviction for & c., may be
convicted of
some other or others of the said offences and not the offence wherewith the defendant house-breaking,
&c.
is charged, the jury shall return against him a verdict of guilty of the said other offence
or offences, and thereupon he shall be punished as if he had been convicted on an
information charging him with such offence or offences ; and he shall not be afterwards
prosecuted for the offence whereof he is so found guilty.
4. Aiders and abettors may be charged in any information for felony as principals Aiders and
abettors may be
in the first degree, even where the punishment of such aiders or abettors as appointed charged as
principals.
by law is different from the punishment thereby appointed for principals ; but no aider
or abettor shall, merely by reason of being convicted upon any such charge, be subject
to any greater or other punishment than is or shall be by law appointed .
5. In any information for felony or misdemeanor, persons charged as principals Persons charged
as principals may
shall, if the facts given in evidence at their trial amount to proof that they were be convicted as
accessories.
accessories before or after the fact to such felony or misdemeanor, but not principals
therein, be convicted as accessories accordingly, and shall thereupon be punished as if
convicted on an information charging them with being such accessories, and shall not
be subject to any greater or other punishment in that behalf ; and they shall not be
afterwards prosecuted in respect thereof.
6. Defendants may be charged with different felonies and misdemeanors, or with Joinder of
offences in one
information.
different felonies or misdemeanors in the same information where the person thereby
injured is one and the same person, or where the several offences so charged constitute
or relate to one and the same transaction.
7. In an information for a felony or misdemeanor committed on the high seas or Jurisdiction over
offences on the
in foreign parts, the allegation that the party injured was at the time of the offence high seas, &c.,
how alleged.
charged in the peace of the Queen shall be a sufficient allegation of the jurisdiction of
the Court to hear and determine it.
8. A written statement purporting to have been made upon oath by a person Prisoners' state
ments on oath.
under examination upon a criminal charge may be received in evidence against such
person, if proof be given that it was in fact made by him not upon oath.
338 ORDINANCES Nos . 6 AND 7 OF 1856 .
Criminal Procedure. Chancery Procedure.
Limitation ofthe 9. No promise or threat shall operate to exclude a defendant's confession from
rule excluding
confessions being received in evidence against such defendant upon his trial for felony or
under indues
ment.
misdemeanor, unless such promise or threat shall have been made or held out to such
defendant by one having some authority over him in connection with or in relation to
the prosecution of such offence.
Extension of the 10. The Act of Parliament passed in the thirteenth and fourteenth years of Her
13 & 14 Vict. c.
21. to this Colony Majesty, chapter twenty-one, for shortening the language used in Acts of Parliament,
and to Ordi
nances of the
Legislative is hereby for all purposes extended to this Colony ; and the rules of construction by the
Council.
said Act provided shall extend and apply to all Acts of Parliament, and Ordinances of
the Legislative Council of this Colony, now in force or hereafter to come in force
within the same.
[ Repealed by Ordinance No. 3 of 1865. ]
No. 7 of 1856 .
Title. An Ordinance to extend to this Colony certain Enactments and
General Orders for reforming Procedure in the High Court
of Chancery and the Offices thereof.
[ 17th March, 1856. ]
Preamble.
HEREAS it is desirable that sundry important reforms in the
WHE
administration of equity proceedings be adopted in this Colony :
Be it enacted and ordained by His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows :
Acts of 1. Subject to the provisions hereinafter contained , the several enact
Parliament
and Orders ments ofthe Imperial Parliament specified in schedule A to this Ordinance
in Chancery
extended to annexed, and also the several orders of the High Court of Chancery of
Hongkong.
Great Britain specified in schedule B to this Ordinance also annexed,
shall (to the extent in the said two schedules respectively defined , but
not otherwise ) extend to and come into force and effect within this Colony
from the time of the passing of this present Ordinance . [ So much as
relates to 10 and 11 Vict. c. 96 and to the General Orders of the High Court
of Chancery ofthe 10th June, 1848, repealed by Ordinance No. 7 of 1873. ]
To be 2. This Ordinance and Ordinance No. 5 of 1856 , entitled " An
construed
with Ordinance for the Amendment of Procedure in Civil and Criminal Cases,"
Ordinance
No. 5 of 1856. shall be so read and construed together as shall best conduce to the
particular effect of each ordinance and of the provisions thereby respectively
extended to this Colony.
ORDINANCE No. 7 OF 1856. 339
Chancery Procedure.
3. For the purposes of this Ordinance, the words " Great Seal " in The scal of
the Court, its
the said enactments and orders, respectively so extended to this Colony, Judges, and
its officers, to
shall be interpreted to include the seal of the Supreme Court of this Colony, be within the
meaning of
and all the provisions thereof which respect the Lord Chancellor, or the the extended
provisions.
Court of Chancery, or any Superior Court of Equity, or any Judge in
England, shall be interpreted to include the said Supreme Court in Equity
and the Judges thereof, and every officer ( howsoever designated ) of the
said Supreme Court, or Judge thereof having or exercising functions of
the like kind or analagous to the functions of any officers ( howsoever
designated ) of the said Lord Chancellor, Court of Chancery, Superior
Courts of Equity, or Judges in England , shall be deemed to be within
the meaning of any of the provisions of such enactments or orders re
specting such last mentioned officers.
Rules for the
4. In the interpretation ofthe enactments and orders hereby extended
interpretation
of the extend
to this Colony , the following rules shall be observed within the same. ed enactments
and orders.
1. The authority and force of an order are equal to the authority 1. Enact
ments and
and force of an enactment. orders are
of equal
authority.
2. Except in the cases specified in division 3 of this section, every 2. Subse
quent enact
enactment or order which shall appear to be wholly or ments or
orders to
partially repugnant to or inconsistent with some previous abrogate
preceding
enactment or order , shall be deemed to have abrogated the ones, in case
of apparent
same pro tanto. repugnance.
3. Every enactment or order for regulating the performance of 3. Except
in the case
the powers or duties of a master in ordinary or of a master of enact
ments, & c.,
in lunacy passed or promulgated subsequently to the passing relating to
masters in
of the Act of Parliament of the fifteenth and sixteenth years ordinary or
lunacy.
of the present Queen, chapter eighty, and the promulgation
of the General Orders for giving effect to the same, shall be so
construed as to enable a Judge in Court or in chambers
to exercise and perform the said powers and duties within
this Colony as nearly as circumstances will permit in the
stead of any such masters respectively.
4. All provisions contained in any enactment or order respecting 4. Provi
sions respect
the printing of bills and claims, or portions of bills and ing printed or
stamped
claims , or respecting the stamping or affixing of stamps on proceedings
to apply to
vellum, parchment , or paper to be used in proceedings in written and
340 ORDINANCE No. 7 OF 1856 .
Chancery Procedure.
unstamped Chancery, are abrogated , and all provisions contained in any
proceedings.
enactment or order respecting the filing copying service , or
effect ofany printed or partially printed bill or claim, or any
proceedings , written, printed , or engrossed on stamped
vellum, parchment, or paper, shall be respectively inter
preted to apply to bills or claims in writing or to proceed
ings written on unstamped vellum, parchment, or paper, as
the case may be.
Supreme 5. The Supreme Court is authorised to make and issue such rules
Court to
make rules or orders for giving effect to this Ordinance as may be found meet.
&c.
[ Amended by Ordinance No. 4 of 1857. ]
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS .
Date of the Act. Title or Subject matter How far the Act is hereby extended
of the Act. to this Colony .
8 & 9 Vict. c. 16. The Companies' Clauses' Section 135 ( relating to service of
Consolidation Act 1845. notices, writs, or other proceedings at
law or in equity) .
10 & 11 Vict. c. 96. Trustees' Relief. The whole Act.
10 & 11 Vict. c . 97. Discontinuance of the at So much of the Act as is unrepealed by
tendance of Masters in any subsequent Act.
Ordinary in the Public
Office.
11 & 12 Vict. c. 10. Oaths and Declarations So much of the Act as is unrepealed by
and Affirmations in any subsequent Enactment.
Chancery.
12 & 13 Vict. c. 74. Trustees' further Relief. The whole Act.
12 & 13 Vict. c. 109. Offices of the Court of Sections 26 to 31 , both inclusive (relat
Chancery. ing to writs and proceedings) .
13 & 14 Vict. c. 35. The Delay and Expense The whole Act (except section 35 , ) and
of Proceedings in Chan also the schedule to which the Act
cery. refers.
13 & 14 Vict. c. 60. The Trustee Act 1850. The whole Act (except section 59).
15 & 16 Vict. c. 48. The Property of Luna- Section 6 (relating to Receivers).
tics .
15 & 16 Vict. c. 55. The Trustee Act Exten- The whole Act.
sion Act.
ORDINANCE No. 7 OF 1856 . 341
Chancery Procedure.
SCHEDULE A, —Continued.
Date of the Act. Title or Subject matter How far the Act is hereby extended
of the Act. to this Colony.
15 & 16 Vict. c. 80. An Act to abolish the The sections of the Act numbered re
Office of Master in spectively 1 , 7 , 8 , 11 , 13 , 14, 15 , 19 ,
Chancery, &c. 20, 21 , 23 , 24, 26 , 27, 28, 29, 30, 31 ,
32, 33, 34, 35, 36, 37, 39, 40, 42 , 43,
and 60, (except so much of any sec
tion as relates to the junior clerks or
to mode of nominating the convey
ancing counsel) .
15 & 16 Vict. c . 36. The Practice and Course The sections of the Act numbered re
of Proceeding in the spectively from 2 to 6, both inclusive ;
Court of Chancery. from 10 to 21 , both inclusive ; from
23 to 29, both inclusive ; and from 31
to 62, both inclusive ; and section 66 ;
And also the schedule to which the
Act refers .
16 & 17 Vict. c. 70. The Lunacy Regulation Sections 1 and 2 and 38 , (except the
Act 1853. words in section 38, " shall, subject to
the provision hereinafter contained,
be directed to the Masters or one of
them ; ") The sections numbered re
spectively from 40 to 49, both inclusive;
section 50, (except the words therein
"in addition to the Masters or one of
them ; ") sections 51 and 54 ; The sec
tious numbered respectively from 55
to 63, both inclusive ; from 66 to 70,
both inclusive ; from 75 to 89, both
inclusive ; from 98 to 100 , both in
clusive ; and from 113 to 139 , both
inclusive ; sections 145 and 146 ; and
the sections numbered respectively
from 148 to 151 , both inclusive ; and
schedules 1 and 3 in the said Act
referred to.
16 & 17 Vict. c. 78. Oaths in Chancery and Sections 1 , 5 and 6.
Affidavits .
16 & 17 Vict. c. 98. Relief of Suitors in Chan- Sections 1 , 2 and 3 .
cery.
16 & 17 Vict. c. 137. The Charitable Trusts' Sections 18 , 28 and 43, (except so much
Act 1853. as relates to persons authorised by the
Board therein mentioned ) .
17 & 18 Vict. c. 25. Industrial and Provident Section 7 (except so much as requires
Societies. the registration of the societies therein
mentioned).
17 & 18 Vict. c. 100. Dispatch of Business in Sections 1 , 2, 3 and 4.
the Court of Chancery. I
342 ORDINANCE No. 7 of 1856.
Chancery Procedure.
SCHEDULE B (General Orders in Chancery, ) TO WHICH THIS Ordinance refers.
Dates or Titles of the Subject Matter of the How much of each General Order is
General Orders. General Orders . hereby extended to Hongkong.
Order of 17th March, Enrolment of Decrees The whole, except so much as defines
1843. and Orders. the amount of office fees.
Orders of May, 1845. Practice and Pleading in Order 1 ; Order 4, Article 3 ; Orders
Equity. numbered from 11 to 15, both inclu
sive ; Order 16, Articles 1 , 3, 4, 10,
13, 14, 15 , 16, 17 , 18, 19, 32 , 33 , 34,
35, 37 , 38 , 41 , 45, 46 ; Orders num
bered from 20 to 27 , both inclusive ;
from 29 to 36, both inclusive ; from
43 to 58 both inclusive ; and from
63 to 90, both inclusive ; Orders 93 ,
114, 115, 116 , 118 ; and Orders num
bered respectively from 120 to 128,
both inclusive ; and also the Sche
dules in the said General Orders
referred to and thereunto annexed .
Order of the 31st Habeas Corpus on taking The whole Order.
January, 1846. Bill pro Confesso. +
Order of the 13th Amendment. The whole Order.
April, 1847.
Orders of the 10th Trustees ReliefAct. The whole ofthe Orders.
June, 1848.
Order of the 10th Taxation of a Pauper's The whole Order.
December, 1849. Costs.
Orders of the 22nd Practice and Pleading by Orders 1 , 2 , 3, 6 , 7 , 8 and 9 ; Orders
April , 1850. way of claim in Equity. numbered from 11 to 18, both inclu
sive ; Orders 20, 21 , 22, 24, 25, 26,
28 , 29, 31 and 32 ; Order 33 ( except
as to charges, allowances, and fees,
payable to solicitors ) ; and Order
35 ; and also schedules A, B, and C,
to the said Orders annexed and
therein referred to.
Orders of the 3rd References and Warrants. Orders numbered from 1 to 11 , both
June, 1850. inclusive.
Orders of the 2nd Practice as to Exceptions Orders 1 and 2 ; and Orders numbered
November, 1850. and Orders of course. from 4 to 28 , both inclusive.
Orders of the 16th Sales under authority of The whole of the Orders.
July, 1851 . the Court.
ORDINANCE No. 7 OF 1856 . 343
Chancery Procedure.
SCHEDULE B, -Continued.
Dates or Titles of the Subject Matter of the How much of each General Order is
General Orders. General Orders . hereby extended to Hongkong.
Orders of the 7th Appeals, Rehearings, and The whole of the Orders, except Order
August, 1852 . Enrolments. 7.
Orders of the 7th Pleading and Practice in Orders numbered from 7 to 30, both
August, 1852. Equity under the 15 & inclusive ; and from 34 to 46, both
16 Vict. c. 86. inclusive ; and Order 48 ; and also
schedules B, C, D, and E, to the said
Orders annexed and therein referred
to.
Orders of the 16th Practice in Judges' Cham Orders 1 and 2 ; Orders numbered from
October, 1852. bers in Equity. 4 to 59, both inclusive ; and Order 61 ;
and also the whole of the several
schedules to the said Orders annexed
and therein referred to.
Order of the 25th Copies of Proceedings in Order 1 , articles 1 , 2 , 3 , 4, 6 , 7, 8, and
October, 1852. Equity. 9 ; and Orders 2, 3, 4 and 5 .
Order of the 10th Copies of Proceedings The whole Order, except so much as
November, 1852 . and Documents. provides that copies shall be counted
after the rate of ninety words to the
folio.
Orders of the 16th Conveyancing Counsel. The whole of the Orders.
December, 1852.
Order of the 4th Setting down adjourned The whole Order, and also the two
March, 1853 . cause for hearing. schedules thereto annexed and there
in referred to.
Order of the 26th Signing of Orders and The whole Order.
July, 1853 . Certificates.
Order of the 9th The Charitable Trusts' So much only of the Order as author
December, 1853 . Act, 1853. ises proceedings by summons and the
form thereof.
Orders of the 1st Practice under the 15 and Orders numbered from 1 to 8, both
June, 1854. 16 Vict. c . 86 and c. 87. inclusive ; and from 11 to 15, both
inclusive.
Order of the 21st Copies of Pleadings , Pro Order 1 , except the reservations there
June, 1854. ceedings, and Documents. in contained, and also except the pro
vision respecting the counting and
charging for figures.
Orders of the 13th Examinations, Evidence, The whole of the Orders, except Order
January, 1855. and Affidavits. 11 .
[ So much as relates to 10 and 11 Vict. c. 96 and orders made thereunder repealed
by Ordinance No. 7 of 1873. So much as relates to 8 and 9 Vict. c. 16 ; 15 and 16
Vict. c. 48 ; 17 and 18 Vict. c. 25 repealed by Ordinance No. 4 of 1887.]
344 ORDINANCE No. 8 OF 1856.
Buildings and Nuisances.
No. 8 of 1856.
Title.
[For construction An Ordinance for Buildings and Nuisances.
of Ordinance:
see Ordinance
No. 12 of 1856. ] [ 16th April, 1856. ]
Preamble. HEREAS further provision hath been found necessary for the better regulation
W of buildings and prevention of nuisances ; Be it therefore enacted and ordained
by His Excellency the Governor of Hongkong with the advice of the Legislative
-
Council thereof in manner following, that is to say :
Definitions. 1. The following words and expressions in this Ordinance contained shall be
construed in manner hereinafter appearing ; that is to say:
Wall. The word ' Wall ' shall extend to and include every external wall and party wall.
Floor. The word ' Floor ' shall extend to and include every horizontal platform forming
the base of any story, and every joist, board, timber, stone, and brick, or other
substance constituting the said platform.
Story. The word ' Story ' shall extend to and include the full thickness of every floor, and
the space between the under surface thereof and the upper surface of the floor or (if
there be no such floor) the ground next below the said first-mentioned floor.
Works. The word ' Works ' shall extend to and include the constructing, reconstructing,
pulling down, opening, cutting into, adding to, and altering any building, wall, chimney,
stack, flue, drain, sewer, cesspool, or any work whatsoever.
Building. The word Building ' shall extend to and include every house, outhouse, or shed.
House. The word ' House ' shall extend to and include every dwelling house, warehouse,
shop, manufactory, work-room, distillery, and place of secure storage or custody.
Guilty of a nui (
sance. The expression guilty of a nuisance ' shall apply to and denote any person guilty
of committing or continuing any nuisance whatsoever, and any person guilty of
permitting or suffering any nuisance whatsoever, and any person guilty of omitting to
take all proper and reasonable means for procuring the abatement of a nuisance
committed and continuing within his tenement, or upon or over some way or public
place in the immediate neighborhood of his tenement, for the space of twelve hours
after the said nuisance shall have been committed .
Rules to be ob 2. All works henceforward shall be under the survey and inspection of the
served as to
works.
Surveyor General , and shall be commenced, resumed, prosecuted and completed with
due observance of this Ordinance and particularly of the rules next following, that is
--
to say :
1. Walls of 1. The walls of all houses shall be solidly built of bricks or stones throughout,
houses.
and shall be of the thickness of not less than nine inches at the upper
story, thirteen and a half inches at the story immediately below the
upper story, and eighteen inches at the story (if any) immediately below
the said two stories.
ORDINANCE No. 8 of 1856. 345
Buildings and Nuisances.
2. The foundations of every wall of a house shall be of the depth of not less 2. Foundations
of walls of houses.
than twice the thickness of the wall at the lowest story of the said
building ; and the lowest course of every such foundation shall be of not
less than twice the thickness of the wall at the said lowest story ; and
the height and thickness of the upper courses of such foundation shall
diminish gradually towards the upper surface thereof.
3. The floors of any one house shall not approach nearer than nine inches' 3. Floors in
general.
length towards the floors of any other house separated by a party wall
from the house first-mentioned ; And the space intervening between the
said two floors shall be properly and substantially built up with bricks or
stones as the case may be.
4. In the case of two or more houses separated from each other, or others, 4. Floors of
outside houses.
by one or more party walls, the external ends of the floors of the first
and last of the said houses shall be carried to and terminate at the space
of not less than nine inches from the outside of the external walls of the
said first and last houses respectively.
5. The floors and roofs of houses or verandahs shall in all cases abut upon 5. Supperts of
floors and roofs.
and rest against at least nine inches of solid brick or stone work, as the
case may be.
3. It shall not be lawful for any person to commence or (in the case of any works, 4 days' notice to
be given before
commencing or
the progress whereof shall have been for a period exceeding three months suspended) (in the case of
works suspended
to resume any works, until four days ' written notice of the intention to commence or for above 3
months) resum
resume the same shall have been given unto the Surveyor General at his office by the ing works.
person by or for whom such works are intended to be commenced, or resumed, and
every such notice shall specify the material particulars of the said intended works, and
any person commencing or resuming any works without having first given such notice
as aforesaid to the Surveyor General , or before the expiration of four days from the
giving thereof, shall for every such default forfeit and pay to Her Majesty a sum Penalty for every
default.
not exceeding fifty dollars nor less than ten dollars ; except where any inevitable Except in case of
inevitable neces
sity.
accident or emergency shall have occurred to make it necessary to commence or resume
any works immediately, in which case only it shall be lawful to commence or resume In which case
notice to be
given within two
the same, yet so as that written notice thereof and of the material particulars of such days after com
mencing or re
works shall within two days after commencing or resuming the same be given by the suming the
works.
person by or for whom the same were so commenced or resumed unto the said Surveyor
General at his office aforesaid.
4. In cases where any penalty shall have been incurred under the provisions of Works to be lia
ble in certain
cases to be aba
the section next immediately preceding, or where the Surveyor General shall be refused ted asa nuisance.
admittance to any tenement for the purpose of surveying or inspecting any works
thereon or therein commenced, resumed , or in progress, the said works shall be liable
to be abated as a nuisance.
346 ORDINANCE No. 8 of 1856 .
Buildings and Nuisances.
Contracts to be 5. All contracts hereafter to be made for works contrary to the provisions of this
made or execu
ted to the con Ordinance shall be null and void, and it shall not be lawful to execute in contravention
trary of this Or
dinance.
of the said provisions any contracts heretofore made for works and in force at the
passing of this Ordinance, unless the same have heretofore received the sanction of the
Surveyor General.
Double Police 6. Over and above all other penalties and liabilities by this Ordinance imposed ,
rates to be paid
for buildings il
legally construc the owner of every building constructed , reconstructed , or altered in contravention of
ted, &c., until
abatement. this Ordinance shall pay in respect of the same a periodical Police rate of double the
amount to which, but for such contravention he would have been liable in respect of
the said building, yet so as that if the same shall be abated , diminished , or removed under
the provisions of this Ordinance, the said owner shall cease to be liable to pay any such
Police rate in respect thereof.
Saving of Crown 7. No remedies for breaches of contract committed by Crown lessees or others
remedies.
now vested in the Crown or its officers shall be prejudiced by this Ordinance.
Every house to 8. It shall not be lawful to construct, reconstruct or (if now in the course of
have a cooking
place and privy. construction or reconstruction) to complete any house without a sufficient and safe
place for lighting of fires and cooking of food ; and also a sufficient water- closet or privy,
and a sufficient ashpit furnished with proper doors and coverings ; All which shall be
provided to the satisfaction of the Surveyor General, and from time to time emptied
and cleansed , at such periods as the Surveyor General may direct ; and every person
offending against any of the enactments in this section contained shall for every such
Penalty. offence forfeit and pay to the Crown a penalty not exceeding fifty dollars nor less than
ten dollars.
The Surveyor 9. The Surveyor General shall in case any house whether now existing or hereafter
General shall
require the
owner or to be constructed or reconstructed shall not be provided or shall be imperfectly
occupier of any
house to make provided with any of the works in the last immediately preceding section specified , or
good all
deficiencies in with one or more proper drain or drains to the said house of at least six inches in
works of that
kind and cause diameter, give written notice of every such deficiency to the owner or occupier of the
them to be made
good. said house, thereby requiring him to provide for and make good the said deficiency
forthwith or within some specified and reasonable term to the satisfaction of the Surveyor
General : and in case the said owner or occupier shall not obey or comply with the said
requirement, the said Surveyor General shall cause the said works to be executed, and
may recover the charges and expenses thereof together with his costs of procedure by
summary application to a Stipendiary Magistrate, or any two Justices, who shall, in
case of default in payment thereof, levy the amount so recovered by warrant of distress
and sale upon the goods and chattels of such owner or occupier, without prejudice
to the right of either party to recover over, retain, or deduct against theother the
amount so paid or recovered.
Public and 10. The Surveyor General may provide and maintain in proper and suitable
common privies,
sewage places, situations common water- closets, privies, urinals, and other like conveniencies for
etc., may be
provided.
public accommodation ; and also proper buildings, pits, places, boxes or other
ORDINANCE No. 8 OF 1856. 347
Buildings and Nuisances.
conveniencies for the temporary reception and collection of sewage, dung, soil, filth,
dust, ashes, and rubbish, yet so as not to occasion annoyance or nuisance ; And all
such matters so received or collected therein shall be vested in and may be disposed of
at the discretion of and by the Surveyor General ; And all the proceeds (if any) of
such as shall in any wise be so disposed of shall be paid into the Colonial Treasury on
account of the Crown.
11. Every work whatsoever hereafter to be commenced, resumed, prosecuted, or Works contra
vening this
finished in contravention of this Ordinance shall be deemed a nuisance. Ordinance to be
deemed a
nuisance.
12. Every building, or part of a building, being in a ruinous or dangerous Ruinous build
ings to be
condition, shall be deemed a nuisance. deemed nuis
ances.
13. Every building erected or to be hereafter erected of any inflammable material, Buildings erected
of inflammable
materials to be
in such wise as to endanger any neighbouring building, shall be deemed a nuisance. deemed nuis
ances.
14. Every deposit or accumulation of decaying, noisome, noxious , or offensive Deposits or accu
mulations of
matter, in, on, or under any tenement, Crown land, or way, or water, or drain or sewer, decaying matter,
&c., tobe deemed
nuisances.
whereby the health of the Queen's subjects may be endangered, shall be deemed a
nuisance.
15. Every projection from or over any building which shall cause annoyance or Projections from
buildings to be
obstruction to any way or to the passengers thereon, and every encroachment on, over, deemed nuis
ances.
or under any way or any Crown land shall be deemed a nuisance.
16. Every work which would be deemed a nuisance in England if begun , con Nuisances by the
law of England
ducted, or completed there, shall within this Colony be deemed a nuisance. shall be deemed
nuisances here.
17. The Surveyor General shall summon every person guilty of any of the nuisances Summary pro
ceeding in cases
hereinbefore enumerated before a Stipendiary Magistrate, or any two Justices of the of nuisance.
Peace who shall thereupon proceed in a summary way to enquire into and adjudicate
upon the premises after the manner of other summary proceedings before Justices of
the Peace ; And where he or they shall adjudicate any one person to have been guilty
of any of the said nuisances, he or they or any other Justice of the Peace shall, upon
the application of the Surveyor General , order him or any other proper officer to abate,
demolish, or remove the said nuisance, and to sell and dispose of the materials thereof
(if any) and out of the monies arising by such sale or disposition (if any) to retain or
noval ;
pay the charges and expenses of or incident to such abatement, demolition , or remo
And the said Magistrate, Justices, or Justice shall order and compel all persons who
shall have been found guilty of any such nuisance , after such adjudication as aforesaid ,
to satisfy all charges and expenses of or incident to the abatement, demolition, or
removal thereof, and for which no other or no sufficient satisfaction is hereby provided,
and shall thereupon, by warrant under his or their hand and seal, or hands and seals,
cause the same to be levied by distress and sale of the goods and chattels of the said
persons respectively in case of default in payment.
18. In the event of the insufficiency of any distress to be made under this Ordi House property
to be liable for
nance, the house of the defaulter shall be subject and liable to defray the deficiency ; and deficiency of
distress.
a Stipendiary Magistrate or Justice of the Peace upon the application of the Surveyor
348 ORDINANCES Nos. 8 AND 9 OF 1856 .
Buildings and Nuisances. Shipping.
General shall by warrant authorize and direct a proper officer to seize and take posses
sion of the said house, and to hold the same until such deficiency shall be defrayed,
and all the accruing rents and profits of the said house shall be applied by the said
Magistrate or Justice in payment of the said deficiency.
Tanks, reser 19. The Surveyor General and his officers are authorized to seize any utensil,
voirs, and
building mate
rials. which he or they shall detect any person in the act of dipping into any public tank,
or reservoir ; and also all building materials found by him or them deposited or lying
upon any public road, or in the side channels thereof ; and all utensils or materials so
seized may be lawfully confiscated by the Surveyor General, and disposed of as he shall
direct.
Saving of existing 20. All existing remedies for the prevention or abatement of nuisances and the
remedies.
punishment of those guilty thereof shall continue to be in force notwithstanding this .
Ordinance.
[ Repealed by Ordinance No. 15 of 1889. ]
No. 9 of 1856 .
Title.
An Ordinance to explain certain Enactments relating to Shipping.
[ 29th May, 1856. ]
Preamble. Re "HEREAS by " The Merchant Shipping Act 1854," and " The Chinese Passengers"
cites " The Mer
chant Shipping WHAct 1855 ," the power to amend the said Acts in their application to this Colony
Act 1854," and
"The Chinese
Passengers' Act is, under certain conditions, reserved to this Legislature, and it is desirable to exercise
1855,"
the aforesaid power in manner hereinafter appearing : Be it enacted and ordained by
His Excellency the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
Chinese residents 1. The British flag may be lawfully used by any Chinese resident within the
may use the Bri
tish flag in colo meaning of Ordinance No. 4 of 1855 , on board of any ship or vessel registered in this
nially registered
vessels.
Colony in the name of the said resident under the Ordinance aforesaid.
Colonial regis 2. Every register, certificate, endorsement, declaration, or bond authorized or re
ters, &c., may be
proved by pro quired by the said Ordinance, may be proved in any Court of Justice, or before any
duction of origi
nals or copies. person having by law or by consent of parties authority to receive evidence, either by
the production of the original, or by an examined copy thereof, or by a copy thereof
purporting to be certified under the hand of the Colonial Secretary or other person who
for the time being shall happen to have charge of the original, which certified copy he
is hereby required to furnish to every person applying at a reasonable time for the same,
and paying therefor the sum of one dollar for every such certified copy ; and every do
cument, when so proved as aforesaid , shall be received as prima facie evidence of all
the matters therein recited, stated, or appearing.
ORDINANCES Nos. 9 AND 10 OF 1856 . 349
Shipping. Lis Pendens.
3. Any Chinese passenger ship clearing out or proceeding to sea from any port in Definition of a
voyage of more
this Colony, or in China, or within a hundred miles of the coast thereof, on any voyage than seven days
duration.
or voyages to any other port or ports, for the purpose of commencing at or from any
such port or ports as last aforesaid a voyage of more than seven days' duration, shall
be deemed to have cleared out or proceeded to sea upon the said last-mentioned voyage
from the said first-mentioned port within the meaning of the " Chinese Passengers '
Act 1855." [ Repealed by Ordinance No. 5 of 1874, and see Ordinance No. 3 of 1874. ]
4. This Ordinance shall not come into operation until Her Majesty's confirmation Ordinance not to
come into opera
thereof shall have been proclaimed in this Colony by His Excellency the Governor. tion until con
firmed and pro
claimed.
[ Confirmation proclaimed 3rd November, 1856. The whole Ordinance repealed by
Ordinance No. 8 of 1879.]
No. 10 of 1856.
An Ordinance for Lis Pendens and Purchasers.
[ 29th May, 1856. ]
E it enacted and ordained by His Excellency the Governor of [ See Ord. No.
3 of 1844 and
BE Ord. No. 1 of
Hongkong, with the advice of the Legislative Council thereof, in
1865 s. 110. ]
manner following ; that is to say :—
1. The provisions of the Ordinance No. 3 of 1844, respecting A " Lis Pen
dens " may be
judgments, ( subject to the provisions hereinafter contained ) shall extend registered as
to " Lites Pendentes ," within the intent and meaning of the Acts of a judgment.
Parliament passed in the second and third years of Her Majesty, chapter
eleven , and the thirteenth and fourteenth years of Her said Majesty,
chapter thirty-five.
2. The memorial of any such " Lis Pendens " shall be sufficient for Form of
memorial.
the purposes of the said Ordinance, if it be signed by the plaintiffs or
persons claiming to be plaintiffs in the said " Lis Pendens," and contain
the names and additions of the said persons, and of the defendants or
persons whose estate is intended to be affected thereby, and the day when
the bill, information , or special case was filed , and the sum of money
thereby claimed or in controversy, yet so as that the said memorial shall
be verified in all other respects as by the said Ordinance is in the case of
judgments provided .
350 ORDINANCES Nos. 10 AND 11 OF 1856 .
Lis Pendens. Lighting City.
No other 3. Notwithstanding the said Acts of Parliament, no " Lis Pendens "
registry to be
made, and an shall be registered in the Registry of the Supreme Court, or elsewhere
unregistered
"Lis Pen than in the Land Office, under this Ordinance ; and a " Lis Pendens " not
dens" not to
bind a purcha- registered in the said office, and in due conformity with this Ordinance,
ser, &c.
shall not bind any purchaser or mortgagee of the estate intended to be
thereby affected .
Defining the 4. So much of the said Acts of Parliament and of the Acts of
extension of
certain Impe Parliament passed in the third and fourth years of Her said Majesty,
rial Enact
ments. chapter eleven, and the eighteenth and nineteenth years of Her said
Majesty, chapter fifteen , as require the re-registering of judgments and
"Lites Pendentes " after everysuccessive period of five years beginning from
the entry thereof respectively, shall extend to all judgments, “ Lites
Pendentes," and orders, now or hereafter to be registered in the said Land
Office, and by which it is intended to affect any estate.
Effect of 5. Subject to the provisions of section eleven of the said Act of the
registry and
re- registry, eighteenth and nineteenth years of Her said Majesty, chapter fifteen , for
and extension
of 18 and 19 the relief of purchasers and mortgagees for valuable consideration , against
Vict. c. 15,
s. 11. the judgments, Crown debts, and liabilities , of paid - off mortgagees ( and
which provisions are hereby extended to this Colony , ) every “Lis Pendens”
registered or re-registered , and also every order or judgment re-registered
in manner aforesaid , shall have the same force and effect as a judgment
registered in conformity with the said Ordinance No. 3 of 1844 , and not
further or otherwise.
No. 11 of 1856.
[For cons An Ordinance for Lighting the City of Victoria.
truction of
Ordinance :
see No. 12 of [ 12th June, 1856. ]
1856. ]
Preamble. HEREAS it is desirable that a system of public lighting should be
W
introduced into this City : Be it enacted and ordained by His
Excellency the Governor of Hongkong, with the advice ofthe Legislative
Council thereof, as follows :
" The Lighting 1. For defraying the expenses of and incident to the execution of this Ordinance,
Rate."
there shall be levied quarterly, together with and in addition to the Police rate or rates
for the year, a further rate to be called " The Lighting Rate," and estimated at one and
a half per cent on the gross amount of the property included in the Police rate assess
ORDINANCE No. 11 of 1856 . 351
Lighting City.
ment for the current year ; and all the provisions of the Ordinances No. 2 of 1845 and
No. 3 of 1851 , touching valuation, assessment, levy, and appeal, shall extend and apply
to the said " Lighting Rate." [ Repealed by Ordinance No. 5 of 1863. ]
2. The Surveyor General shall from time to time cause a sufficient The Surveyor
General to
number of irons or posts for the lighting of the streets, roads, ways, and provide and
fix lamps, &c.,
public thoroughfares of the City of Victoria to be provided , and the same and the Su
perintendent
to be set up, fixed , or erected , in all suitable situations for such lighting , of Police to
keep them
and either in any of the said streets, roads , ways , and thoroughfares , or lighted .
in any close adjacent thereto, or upon or against the wall of any house or
building, or the side of any wall or fence, or elsewhere, as he shall think
proper ; and he shall also from time to time cause to be provided, and put,
and affixed upon the said irons and posts, such a number of lamps , and
of such sizes and sorts respectively, as shall be found requisite for the
lighting of the said streets, roads , ways , and thoroughfares respectively.
And it shall be the duty of the Superintendent of Police to light and to
keep lighted the said lamps with oil for any number of hours in every
twenty-four hours, as the said Surveyor General shall from time to time
.
direct.
3. The laws relating to the removing, taking, carrying away, or Laws relating
to removal or
stealing of fixtures and chattels respectively, shall be interpreted to apply felony of fix
tures and
to the removing, taking , carrying away, or stealing ofthe said irons , posts, chattels, ex
to
lamps , and oil respectively, by any persons whomsoever ; and the property lamps, irons,
&c.
of and in all such articles shall be deemed to be vested in the Surveyor
General for all the purposes of any action , suit, or information brought
or preferred against any person for or in respect of the same , or for or in
respect of any trespass, injury, misdemeanor, or felony done or committed
in respect of any of the said articles .
4. Ifany person shall wilfully extinguish the light of any such lamp , Wilful dam
age, how pun
or wilfully injure, displace, or damage any such lamp or any other of the ishable.
said articles, every such offender shall , upon conviction thereof before any
Justice of the Peace, forfeit and pay for every such offence a sum not ex
ceeding fifty dollars nor less than one dollar, and shall further forfeit and
pay the full amount of the damage by him so done as aforesaid, and all
incidental costs and expenses .
5. It shall be lawful for any person witnessing the commission of an Apprehension
of offenders
offence against section 3 of this Ordinance, to seize the said offender, without war
rant.
and to deliver him to any constable, or to the said Justice of the Peace ;
352 ORDINANCES Nos. 11 AND 12 OF 1856 .
Lighting City. Chinese Burials and Nuisances.
and no warrant shall be in any case necessary to justify the apprehension
of any such offender as aforesaid.
Carelessness
or accidental 6. When any damage or injury shall have been occasioned unto any
damage. such articles by any person otherwise than wilfully, and such person shall
not have made satisfaction for the same , it shall be the duty of any Justice
of the Peace, upon complaint thereof made , to order and compel the said
person to make full satisfaction for the amount of such damage or injury,
together with all incidental costs and expenses.
Summary pro 7. All proceedings before a Justice of the Peace under this Ordinance,
cedure before
Justices. except as provided by section 4 shall be had, and the payment of all
pecuniary penalties, costs , and damages under the same shall be enforced ,
in like manner as in other cases of or belonging to the summary jurisdic
tion of Justices is by law provided .
Disposal of 8. All monies recovered or received under this Ordinance shall be
monies.
paid into the Colonial Treasury.
No. 12 of 1856 .
An Ordinance to regulate Chinese Burials, and to prevent cer
tain Nuisances, within the Colony of Hongkong .
[ 12th June, 1856. ]
Preamble. HEREAS the increase of population and buildings in the City of
WE
Victoria has made it necessary to provide other arrangements
for the interment of the dead , and whereas there exist certain nuisances
which the laws hitherto in force have failed effectually to prevent : Be
it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, in manner
following, that is to say :
Interpreta 1. For the construction as well of this Ordinance as of Ordinance
tion of terms.
No. 14 of 1845 , the Ordinance No. 2 of 1854 , the Ordinance No. 8 of
1856 , and the Ordinance No. 11 of 1856 , the following rules of con
struction shall be observed in addition to whatsoever other rules are by
-
the said Ordinances respectively provided, that is to say :
" Public Offi The expressions " Public Officer " or " Public Department " shall
cer " or " De
partment. " extend to and include His Excellency the Governor and every officer or
ORDINANCE No. 12 of 1856. 353
Chinese Burials and Nuisances.
department invested with or performing duties of a public nature, whe
ther under immediate control of His Excellency or not.
" Law ul Au
The expression " Lawful Authority " shall extend to and denote any
thority. "
permission which may be lawfully given by a public officer or depart
ment or by a private person.
Where no specific description is given of the ownership of any pro "Property. "
perty, the word " Property " shall be taken to apply to all such property
of the kinds specified , whether owned by the Crown, by a public depart
ment, or by a private person .
2. It shall be lawful for His Excellency in Executive Council from time to time The Governor in
Executive Coun
to select and appoint, and by advertisement in the Hongkong Government Gazette to cil to appoint
sites for Chinese
notify, sufficient and proper places to be the sites of, and to be used as, cemeteries or cemeteries, &c.
places of burial for the Chinese ; and from time to time to alter, vary, and repeal the
said notifications by others, to be advertised in the like manner ; and in such cemeteries
or places it shall be lawful for the Chinese, in conformity with the provisions of the
notifications actually in force, to bury their dead, yet so as that any person who shall
use for that purpose a grave of less than five feet in depth from the ordinary surface
of the ground to the uppermost side of the corpse or coffin therein deposited, shall for
every such offence forfeit and pay a sum not exceeding fifty dollars, nor less than five
dollars. [Repealed by Ordinance No. 24 of 1887.]
3. His said Excellency in Executive Council is authorized from time to time to Power to close
Chinese cemete
ries.
notify, by advertisement in the Hongkong Government Gazette, that any Chinese ceme
tery or burial ground shall, from a time in such notification to be specified , be closed,
and the same shall be closed accordingly ; and whosoever after the expiration of the
said specified time shall bury any corpse in the said cemetery or burial ground shall ,
for every such offence, forfeit and pay a sum not exceeding one hundred dollars nor
less than five. [ Repealed by Ordinance No. 24 of 1887. ]
Penalties on Lu
4. Whosoever shall bury any corpse or coffin in any ground not being a ceme rials elsewhere
than in cemete
tery or burial ground authorized under this or any other Ordinance, shall (except in ries, &c.
cases provided for by section 3 of this Ordinance) for every such his offence forfeit
and pay a sum not exceeding one hundred dollars nor less than five. [Repealed by
Ordinance No. 24 of 1887.]
5. The penalties in sections 3 and 4 specified shall be deemed to be cumulative Further penal
ties on barials
and not substituted penalties, in any case where the commission of any of the being nuisances,
&c.
offences to which the same are applicable shall occasion a nuisance within the
meaning of Ordinance No. 8 of 1856, section 14. [Repealed by Ordinance No. 24
of 1887.]
Nuisances
6. The offences next hereinafter specified shall be deemed to be
punishable, at
nuisances within the meaning of all laws, at any time in force within the discretion
of the Court.
this Colony, for the better repression of nuisances, save that the Court
354 ORDINANCE No. 12 of 1856.
Chinese Burials and Nuisances.
or Justices before whom any person shall be found guilty of any such
offence, in lieu of all other punishment for the same, shall order him for
every such offence to pay a penalty not exceeding one hundred dollars
nor less than one dollar, that is to say ;
Injury to 1. The felling, cutting, destroying or injuring of any standing
trees, shrubs,
turf, or fen or growing tree, shrub, or underwood , any grass - sod or
ces.
turf, or any fence or portion thereof ( except in cases
where any such offence shall be proved to have been com
mitted with a felonious intention ) ;
Injury or ob 2. The doing any act whereby injury or obstruction , whether
struction to
ways , sea directly or consequentially, may accrue to a public road ,
shore, naviga
tion, &c. path, or walk, or to the shore of the sea, or to navigation ,
mooring, or anchorage, transit or traffic, or whereby any
other nuisance within the meaning of Ordinance No. 8 of
1856 , sections 14, 15 , and 16 , whether directly or conse
quentially, may happen ;
Trespass on 3. The trespassing, by man or beast, upon or in any messuage,
public lands,
&c. tenement, cemetery, or land being vested in or under the
control or management of any public officer, or depart
ment whatsoever ; and
Indecency. 4. The obeying the calls of nature on any way or in any public
exposed or other improper place , to the annoyance of others .
Whipping may 7. It shall be lawful for the Court or Justices before whom any person shall be
be substituted
in the case of found guilty of any offence against division 1 or division 4 of section 6 of this Ordinance,
offences against
section 6 divi to order him, in lieu of all other punishment, to be once or twice publicly whipped, yet
sions 1 and 4.
so as that no offender shall receive in all for any one such offence more than fifty blows
nor less than five. [ Repealed by Ordinance No. 3 of 1881. ]
Extension of 8. Upon proof made to the satisfaction of the Court or Justices
penalties to
accessories. that a person accused of any nuisance or offence under this Ordinance ,
or any of the said enumerated Ordinances , is in fact guilty of having pro
cured, permitted, connived at, or continued any such nuisance or offence,
or of having neglected or refused to perform any duty cast upon him by
law for the prevention or repression of the same, the said Court or Jus
tices shall find the said person guilty of the said nuisance or offence , and
shall award against him the penalty or other punishment to which per
sons guilty of the said nuisance or offence are or shall be liable.
Incorporation 9. This Ordinance shall be read together with the Ordinances enu
with former
ordinances. merated in section 1 , and shall be incorporated therewith .
ORDINANCE No. 12 OF 1856. 355
Chinese Burials and Nuisances.
10. All summary proceedings under this Ordinance, or the said Except in
case of illegal
enumerated Ordinances, (except proceedings under Ordinance No. 8 of works, &c.,
any complain
1856 , sections 2 to 9, both inclusive ) may be had upon the information ant may be
heard .
of any complainant : But the disposal of materials of nuisances , of build
ing materials , and of utensils under sections 17 and 19 of the last
mentioned Ordinance, shall be at the absolute discretion of the Surveyor
General.
11. The Court, or Justices before whom any proceedings whatso Costs may be
given.
ever shall be had under this Ordinance or the said enumerated Ordinances ,
may award costs and expenses to be paid by any offender upon convic
tion, and to enforce payment thereof by any of the ways and means pre
scribed by Ordinance No. 8 of 1856 in respect of penalties .
12. All nuisances prohibited by the laws for the time being in force within English law of
nuisances to
come in force
England, are equally prohibited within this Colony, and may be abated and punished within this Co
lony.
according to the provisions of this Ordinance and the said enumerated Ordinances ; but
notwithstanding this or any other Ordinance against nuisances now in force or here
after to come in force, all remedies compatible therewith for the prevention, abate
ment, or punishment of, or the compensation for, nuisances which are or shall be at
any time in force within England , shall , until express provision be made to the con
trary, extend to and be enforced within this Colony likewise. [ Repealed by Ordinance
No. 24 of 1887. ]
13. Such of the orders and regulations of the General Board of Health estab Orders, &c., of
the Board of
lished in London under authority of the Acts of Parliament for the protection of the Health.
public health, or any of them, as shall be from time to time by the Governor in Exe
cutive Council determined and notified , with such modifications thereof respectively
as His Excellency in Council shall think fit to adopt, shall for such time and to such
extent or with such modifications as shall be so notified , extend to and be enforced
within this Colony under the authority of this Ordinance. [ Repealed by Ordinance
No. 24 of 1887.]
14. Nothing contained in this Ordinance, or in any of the ordinan Saving as to
acts done or
ces therewith incorporated , shall operate to the restraint or punishment sanctioned by
lawful au
of any act or thing done under lawful authority or sanctioned by the thority.
same, yet so as that in every case the proof of such lawful authority
shall lie upon the person alleging the same.
NOTE.- For Government Notifications concerning Chinese burial grounds, see those
printed at foot of Ordinance No. 24 of 1887.
356 ORDINANCE No. 13 of 1856.
Admission of Practitioners in Supreme Court.
No. 13 of 1856.
Title. An Ordinance for the Admission of Candidates to the Rolls of Practitioners
in the Supreme Court, and for the Taxation of Costs.
[ 21st June, 1856. ]
Preamble. HEREAS by Ordinance No. 6 of 1845, any person soever who shall have served
W for a period of three years as an articled clerk to any solicitor, attorney, or
proctor, actually practising as such within this Colony, or who shall have been admitted
Ordinance No. 6 as a solicitor, attorney, or proctor, in any other British Colony, is qualified to be
of 1845.
approved, admitted, and enrolled by the Supreme Court to practise as a solicitor,
attorney, and proctor in the said Court, and that as fully and freely as if he had been
duly admitted as a solicitor, attorney, writer, or proctor in the several Courts of Great
Britain and Ireland respectively : And whereas no provision hath been made for the
examination of the said persons before such approval, admission , and enrolment : And
whereas it is expedient to make provision in that behalf, and also to extend the benefit
of the said recited provisions to other duly qualified persons who shall be so found by
the persons conducting such examination : And whereas it is also expedient that further
provision be made for the taxation of costs in all cases : Be it therefore enacted and
ordained by His Excellency the Governor of Hongkong, with the advice of the Legisla
tive Council thereof, in manner following, that is to say:
Qualifications of 1. From and after the passing of this Ordinance, any person who shall have
candidates.
actually exclusively and bona fide served for the period of three years or upwards
(whether computed from any time previous or from any time subsequent to the passing
of this Ordinance,) as Registrar, Deputy Registrar, clerk of the Supreme Court or of a
Judge thereof, clerk to the Attorney General, or interpreter to the said Court, or as a
clerk of the peace, or as an articled clerk to any actually practising attorney, solicitor,
or proctor of the said Court, or for any one portion of the said period in some one of
the said capacities, and for the residue thereof in some other or others of them, but
not in two or more of them at the same time, or who shall have been duly admitted as
an attorney, solicitor, or proctor in any other of Her Majesty's Colonies, shall be eligible
for admission to practise as an attorney, solicitor, and proctor of the said Supreme
Court, but only upon the conditions hereinafter specified .
The Court to 2. In the fourth term of the present and every succeeding year, the Attorney
appoint the
Attorney Gene General, a barrister or Registrar of the Supreme Court, of this Colony and two actually
rul, a barrister,
or Registrar of practising attornies of the said Court shall be by rule of Court appointed to be the
the Supreme
Court, with two
attornies, to be examiners for the then next ensuing twelve months, into the fitness of candidates of the
examiners.
classes described in section one for admission to practise as attornies, solicitors, and
proctors, under this Ordinance. And the said examiners, or any two of them of whom
the said Attorney General, barrister, or Registrar shall be one, shall, at such reasonable
times as the said Court shall appoint and notify, proceed to examine into the fitness of
the said candidates in that behalf, having due regard unto their character, conduct,
learning, and length and assiduity of service, and their other credentials, and conform
ORDINANCE No. 13 OF 1856 . 357
Admission of Practitioners in Supreme Court.
ing themselves so far as may be practicable to the regulations by which the examinations
of candidates for admission to practise as attornies and solicitors of the Courts of
Westminster are governed and directed.
3. Such questions as are propounded in print or in writing to the said candidates Written answers.
by the examiners in that behalf, shall be answered in writing.
4. The examiners shall certify the result of every such examination to the Certificate of the
examiners.
Supreme Court within one week from the completion of the said examination. And
every such certificate shall be in writing signed by the examiners , or any two of them
of whom the said Attorney General, barrister, or Registrar shall be one , and shall state
to the effect that the examiners, or the majority of them, find that the candidate is or
(as the case may be) is not fit to act as an attorney, solicitor, and proctor of the
Supreme Court, or (as the case may be) that the examiners have not been able to come
to any finding as to his fitness in that behalf.
5. If the examiners, or the majorioy of them present at the examination, find The candidate, if
unsuccessful,
that the candidate is fit, he shall be admitted to practise accordingly : but if they, or may appeal to
the Court.
the said majority, find that he is not fit, or come to no finding, he may, on his petition
to the Supreme Court, be heard in support of his qualification and claim to such
admission . And if the said Court shall grant the prayer of such his petition, he shall
be admitted accordingly, notwithstanding any such finding or want of finding as
aforesaid.
6. Except in cases where the Court on special application shall give leave to the Certificate or
order to be in
contrary, no admission shall be granted, whether upon such certificate or such petition force for one
month.
as aforesaid, after the expiration of one month from the date of the return of the
certificate or (as the case may be) the date of the order made upon the petition .
7. No person bona fide domiciled within this Colony, and who shall comply with Alienage or
Chinese status no
the provisions of this Ordinance, shall be disqualified from obtaining such admission disqualification.
as aforesaid merely by reason of alienage, or that he is by birth a Chinaman .
8. The provisions aforesaid shall not in any way affect the right of such persons Saving of exist
ing rights.
as shall have been admitted as attornies, solicitors, or writers in one of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in an Ecclesiastical Court in Eng
land, to be admitted to practise in the said Supreme Court as attornies, solicitors, and
proctors thereof.
9. Every person soever who from henceforward shall be admitted to practise as Fifty dollars
payable on
admission.
attorney, solicitor, or proctor, whether under this Ordinance or not, shall, on such
admission, pay to the Registrar, or Deputy Registrar of the Supreme Court for the
use of the Crown the fee of fifty dollars, and shall take and subscribe all such oaths or Oath .
affirmations as are appointed by the Acts of Parliament for the time being in force in
England for regulating the admission of persons to practise in the profession of attorney
or solicitor ;-every Jew or heathen who shall take the oaths omitting the words " on
the true faith of a Christian," and taking the said oaths according to his own
conscience.
358 ORDINANCE No. 13 OF 1856.
Admission of Practitioners in Supreme Court.
Striking off the 10. The jurisdiction of the Supreme Court, in removing or striking off the names
rolls.
of barristers, attornies , solicitors, proctors or interpreters from the rolls of the said
Court, is not affected by this Ordinance.
Extension of 11. So much of the Act of Parliament passed in the sixth and
the 6 & 7 Vict.
c. 73. §§ 4, 5, seventh years of Her present Majesty chapter seventy-three, sections four ,
28, 29,
38, 39, 40, 41 , five, twenty -eight, twenty-nine, thirty-two, thirty- seven , thirty -eight,
and 43.
thirty-nine, forty , forty -one, and forty -three , as relates to the competence
of attornies or solicitors to have clerks bound by contracts under articles ,
the discharge of such contracts, service under such contracts when made
with disabled or disqualified persons , the time for making applications for
striking off the roll persons admitted and enrolled erroneously but without
fraud, the agency of attornies or solicitors for disqualified persons, the
delivery , reference, and taxation ( whether before payment or after) of
bills of fees, charges, and disbursements for any business done by attornies
or solicitors , applications of parties and orders of Court for delivery and
reference in such cases, and for delivery up of deeds , documents , or
papers, certificates of taxation and entering up of judgments , and the
conditions on which actions or suits may be commenced or maintained by
attornies or solicitors for the recovery of any fees , charges, or disbur
sements, shall, from the passing of this Ordinance ( but subject to the
provisions hereinafter contained ) extend to this Colony, and to all busi
ness now being done or to be hereafter done within the same.
Taxation may 12. If any person shall be desirous of obtaining, under section eleven ,
be had with
out order of the taxation of a bill of fees , charges , or disbursements , for any business
reference .
whatsoever done by an attorney, solicitor , or proctor, whether in an action or
suit or not in an action or suit, not relating thereto it shall not be necessary for
the said person to apply to the Supreme Court for any order in that behalf ;
but he shall be at liberty ( if he think fit ) to refer such bill of his own
authority to the Registrar or other Taxing Master of the said Court , who
shall thereupon proceed to tax the same in like manner as he would have
done under an order of reference for that purpose in conformity with the
Imperial Enactments, which by section eleven are extended to this Colony
in manner aforesaid.
Penalty on per 13. Any person not duly admitted as attorney, solicitor, or proctor of the said
sons unlawfully
practising or Supreme Court, who shall either directly or indirectly practise or act within this
acting as attor
nies, &c.
Colony as an attorney, solicitor, or proctor, shall for every such offence forfeit and pay
ORDINANCES Nos . 13 AND 14 OF 1856. 359
Admission of Practitioners in Supreme Court. Fees and Costs.
to the Crown a sum not exceeding two hundred dollars, nor less than fifty dollars, to
be sued for and recovered by the Attorney General by action at law in the Supreme
Court.
[ All repealed (except sections 11 and 12) by Ordinance No. 3 of 1871.]
No. 14 of 1856 .
An Ordinance for Fees and Costs.
[ 31st July, 1856. ]
HEREAS no provision hath been hitherto made by the Legislature of this Co Prea able.
W lony for the ascertaining of Court and other fees and costs in Equity proceed
ings, and some of the said fees, as hitherto levied, are illegal : And whereas the late
reformation in procedure at law, and in Equity, and practice in general, maketh further
legislation with respect to fees, costs, and taxation desirable :
Be it enacted and ordained by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
1. The three schedules to this Ordinance annexed shall be deemed to be incorpo The three
schedules to be
rated therewith, and (except where otherwise expressed) shall be interpreted in manner incorporated
with the
Ordinance and
following, that is to say: The first and third schedules respectively, as relating exclu to be interpreted
as herein
sively to proceedings on the Equity side of the Supreme Court of Hongkong, or to bu mentioned.
[See Ord. No. 7
siness done or to be done in the practice of conveyancing : And the second schedule, of 1862.]
as relating to all proceedings whatsoever at Law or in Equity in the said Court, not
being proceedings before the summary jurisdiction thereof, nor proceedings by way of
appeal in rating cases ; -and also to business done or to be done in the practice of con
veyancing :-Yet so as that, where any of the particulars in the said three schedules
severally entered shall appear to be thereby respectively extended to other matters or
occasions, or limited to some special matters or occasions, the same shall be so inter
preted accordingly .
2. From and after the passing of this Ordinance, it shall not be lawful to ask or Court fees not
to exceed the
rates in the first
receive, in respect to any proceedings in equity or conveyancing business , any fees or schedule.
payments of Court or of office other than according to the rates and conditions in the
said [ " First ” as amended by Ordinance No. 7 of 1857 ] schedule expressed , save that [See also Ord.
No. 15 of 1856.)
the Registrar of the said Court is hereby empowered to remit or reduce all or any of such
fees or payments, in any case where good and sufficient ground shall have been shewn to
his satisfaction for such remission or reduction. [ Repealed by Ordinance No. 4 of 1857. ]
360 ORDINANCE No. 14 OF 1856.
Fees and Costs.
Costs, &c. not to 3. The rates, conditions and limitations, contained in the said second and third
exceed the rates
in the second
and third schedules respectively, shall be strictly obeyed and enforced at the taxation of costs and
schedules.
charges ; and no allowance shall be granted of any costs or charges otherwise than in
conformity to the said rates, conditions, and limitations, respectively.
One uniform rule 4. The distinctions of costs as between party and party, and of costs as between
of taxation.
attorney, or solicitor, or proctor, and client, are henceforward abolished at Law, in Equity,
and elsewhere ; and all costs and charges hereafter to be taxed shall be taxed upon one
uniform scale and according to the same conditions, and without regard to the distinc
tions aforesaid ; and the costs of interlocutory proceedings shall in all cases beforthwith paid,
and shall in no case be made to abide the event of the cause wherein such proceedings shall
have been taken. [ Repealed by Ordinance No. 4 of 1857.]
Reservation of 5. Nothing herein contained shall prevent a client from binding himself by spe
special written
contracts.
cial contract under his hand with his attorney or solicitor, to pay or allow unto him
any reasonable sum of money for any business done or to be done by the said attorney
or solicitor for the said client, albeit the said reasonable sum shall be of higher amount
than the said attorney or solicitor under sections 3 and 4 of this Ordinance would
upon taxation have been entitled to. [ Repealed by Ordinance No. 4 of 1857.]
Such contracts 6. Upon strict proof made to the Taxing Master of any such contract, it shall be
may be allowed
by the Taxing his duty to give effect thereto, or to so much thereof as he shall esteem reasonable ;
Master.
and he shall make his allocatur or certificate accordingly. [ Repealed by Ordinance No.
4 of 1857. ]
Discretion as to 7. The allowance of fees payable to barristers for attending for the plaintiff or
counsel's fees in
summary defendant before the summary jurisdiction of the Supreme Court, or for any party in
jurisdiction or
Magistrates'
Courts. a civil or criminal proceeding before any Magistrates or Justices in or out of sessions,
shall be discretionary with the said Court, Magistrates, or Justices respectively, but in
no case shall a greater fee than fifteen dollars be allowed for any such attendance.
Attornies may 8. It shall be the duty of an attorney, if so required by his client, to appear for
conduct cases
in Court upon him in Court and conduct his case in person in any matter soever, whether criminal or
default of
counsel.
[See Ord. No. 7 of civil, and in what Court soever, if the said attorney shall be unable, after tender made
1862.]
by him to each of the counsel belonging to the Hongkong bar, of a proper fee accord
ing to the second schedule aforesaid, to procure the attendance of counsel in the said
matter.
Translator's fees.
9. The fee of twenty-five cents per folio of the original document and no more
shall be payable to a translator of the Court for translating and copying any docu
ment, whether at law or in equity or elsewhere.
Rights of 10. Nothing herein contained shall prejudice paupers in respect of their right of
paupers.
proceeding without fee or reward.
Indemnity in 11. All decrees and decretal orders touching the payment of any costs or charges
case offormer
proceedings in in Equity, and all allowances or certificates thereof, and all payments under their author
Equity.
ity at any time made before the passing of this Ordinance, are hereby ordained to be
ORDINANCE No. 14 OF 1856. 361
Fees and Costs.
valid and effectual ; yet so far only as respects the jurisdiction in that behalf of the
Court or Taxing Master making such decrees or decretal orders or allowances or certi
ficates, and the personal liabilities of any member of the said Court, or of any such
Taxing Master, for or in respect of the same.
12. Costs of procedure shall be recoverable by or on behalf of the Crown upon Costs payable
to the Crown.
every judgment or decree at Law, in Equity, or in the Admiralty or Ecclesiastical juris
diction of the Supreme Court, whereby any real or personal estate or any forfeiture or
money penalty shall have been adjudged to belong or awarded to the Crown . [ Repeal
ed by Ordinance No. 4 of 1857. ]
THE FIRST SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS. (See Ord. No. 3of
1858 s. 13.)
COURT FEES. cts.
For filing a bill or information, 4.00
For filing a claim, special case, caveat, supplemental statement, or statement for revivor, .... 1.00
For filing every attendable petition,......... 2.50
For filing every nonattendable petition, ........ 0.75
For issuing every original or Judge's summons, 1.00
For issuing every other summons,... ……………………….. 0.50
For issuing every warrant, ………………………….. 0.50
For entering every appearance, whether to a bill, summons, or claim, at the rate for every three
defendants, or a broken number if less than three, …………….. 2.00
For sealing every writ in the nature of contempt process, 2.00
For sealing every other writ, or commission, 4.00
For resealing any writ, or commission, .... 1.00
For filing every set of interrogatories, whether for examination of parties or witnesses, 1.50
For filing every answer, or set of exceptions, ……………………………………………. 1.50
For entering or filing the duplicate of any record or proceeding, 1.00
For every amendment of the record , ..... 2.00
For every witness examined in the office of the Registrar, per hour or broken hour (including
oath, affirmation, or declaration) , ..... ………………..... 1.50
For every witness examined by the Registrar elsewhere than in his office, per day, including as
aforesaid, but besides expenses, ………………. 6.00
For every witness examined out of the jurisdiction, per day, including as aforesaid, but besides
expenses,......... …………………….. …………………………….. *****... ............ ... 10.00
or taking the affidavit of any invalid deponent at his place of residence, including as aforesaid,
but besides expenses , …………………….. 4.00
For taking every oath, affirmation, or declaration in other cases,.. 0.50
For filing every affidavit with or without exhibits annexed , ......... ………... 0.50
For every search made or inspection had for or of records or documents, per hour or broken hour, 1.00
For every office copy made, per folio, ....... 0.15
For stamping or marking any other copy or duplicate,........... ………………... 1.00
For attending elsewhere than in the Supreme Court with record or to prove documents, per day,
besides expenses,………………… ..
……………… 2.00
362 ORDINANCE No. 14 of 1856 .
Fees and Costs.
$ cts.
For every bill of costs taxed, per centum, ....... 5.00
For every certificate of the Taxing Master or of the Judge's clerk (including signing), .... 4.00
For every other certificate, including signing , ..........
. ......... 1.00
For every advertisement prepared and punished besides the expense thereof, ............ ... ………….. 2.00
For entering every notice of motion, ....... 1.00
For entering or filing any document not specified in this schedule, ... 1.00
For entering or setting down any cause, claim, petition, or special case for hearing before the
Court, including the hearing, ....... 2.00
For every decree or decretal order drawn up and entered , including the minutes thereof, ………………... 4.00
For every interlocutory order when not of course, but relating to the conduct of a suit or matter
drawn up and entered, ............. …………………….. 1.00
For every other order of Court drawn up and entered, 0.50
For every other order in chambers drawn up and entered, 4.00
For every enrolment of a decree or decretal order,. 2.00
THE SECOND SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS.
COUNSELS' FEES. $ cts.
Retainer in any matter at Law, in Equity, or in the Ecclesiastical or Admiralty Jurisdiction, ... 10.00
Perusing, settling, drawing, or advising on any pleadings or evidence either at law or in equity,
or any deeds, wills or judgments or papers, according to the amount of labour bestowed , ---
such labour to be estimated, not with reference solely to the volume of the instructions or
draught, or the time occupied, or the difficulty of the case, or any other circumstances in
particular, but with a due regard to all the circumstances of each case.
The same observation applies to the principle on which the allowance of fees to counsel upon
briefs at Law or in Equity is to be determined, subject to the provisions next hereinafter
contained.
The fee payable to the sole counsel or leading counsel at the trial or hearing of a cause, or any
other proceeding either at Law or in Equity (except in the cases next specified) shall
be at least ...... 25.00
The following scale of fees is not to be exceeded in any of the cases specified , viz.:
Consultation or conference, ………….... 25.00
Motion for leave to file a claim in Equity, or to substitute service of process at Law, or in Equity,
or to take a document off the file of the Court at law or in equity, or for contempt process
at Law or in Equity, or for time to plead or answer, or to discharge an order for time, ...... 10.00
Motion of course, 5.00
Every other motion ,................ 25.00
The fee payable to each junior counsel (where such is allowed) is not to exceed two-thirds of
the fee allowed to his senior counsel, at an consultation or conference, or in any proceeding
before the Court, and whether at Law or in Equity or elsewhere.
No fee to be allowed to a junior counsel in any case except upon good grounds shown to the sa
tisfaction of the Taxing Master.
Refreshers are not to exceed the rate of one-half the amount allowed for the original fees, yet so
as that in no case the fee payable as a refresher shall be less than ………………… ………………………….. 5.00
Counsel attending arbitrations or commissions shall receive the like fees as at trials at Law or
hearings in Equity, save that they shall be further entitled to their expenses, and also to a
remuneration for every day after the first day, of............... .............. ………........ 50.00
ORDINANCE No. 14 OF 1856. 363
Fees and Costs.
THE THIRD SCHEDULE TO WHICH THE FOREGOING ORDINANCE REFERS .
SOLICITORS' COSTS. $ cts.
Instructions to sue or defend ,....... ……………… 4.00
Instructions to prepare bill, claim, original petition , special case, or original summons or answer
plea or demurrer or to advise thereon (including the perusal of papers ), ………………………… 6.00
For entering appearance in the cases aforesaid (including instructions to appear) if for less than
three defendants, .......... 3.00
The like for every three defendants over the first three, a broken number of less than three
counting as three,.......... 1.50
For preparing and filing a bill, claim, original petition, special case, or original summons
(including sealing and issuing ) or answer, plea, or demurrer, a fee to be regulated by the
volume of instructions, the nature and difficulties of the case, and the work performed.
For preparing, filling up, sealing and leaving any other summons,..
...... 1.50
For instructions and attendances not by this schedule provided for (if the Taxing Master shall
allow the same) , such reasonable fees as he shall determine. But no allowance shall be
made in respect of instructions for documents (not herein specified ) to be brought into
Judge's chambers or the office of the Court, save for interrogatories, examinations, and
affidavits, not being affidavits of course or of the party's own solicitor or a clerk of such.
For making copies to serve, or for the opposite party, or fair copies, per folio,............... 0.15
For engrossing in all other cases, per folio, …………….. ………...... 0.18
For every attendance to bespeak, deliver, receive or file documents , to make payments, or to
obtain appointments , 1.00
For every attendance at Court, or in chambers at the hearing of any opposed motion, attendable
petition, or original summons, or plea, or demurrer, or before an examiner or commissioner,
taking evidence, per hour or broken hour,.......... 2.00
For the like at the hearing of the cause, claim, original or Court petition, or special case, or
plea, or demurrer, or on further directions, except in the case next hereinafter specified ,... 6.00
For attending and conducting any matter, in Court whether at law, in equity, or elsewhere,
under section 8 of this Ordinance a fee, not exceeding……………………
... ………….…….. 25.00
For every attendance to instruct counsel, consultation, conference, meeting, search, inspection,
or reading over of documents, per hour or broken hour,........ 2.00
For every attendance to marshal evidence or take down the statements of a proposed witness,
such fee as the Taxing Master shall think fit to allow, not exceeding for every hour or
broken hour ………...... ……………… 3.00
For every attendance at Judge's chambers at any Government Office or at any public office not
hereinbefore provided for, per hour or broken hour, ......... ..... ******. 2.00
For every attendance beyond five miles from Victoria, in lieu of the above rates of charge for
attendances, but exclusive of reasonable expenses, per day,……………….. 10.00
For every letter, if not charged per folio, ...... 1.00
If so charged, for every folio,. ******.... 0.25
For translating any document, per folio of the original, ……………………… 0.25
For draughting in all cases not herein specified, per folio, 0.35
For messages and expenses according to the circumstances of each case.
[Repealed by Ordinance No. 4 of 1887. ]
364 ORDINANCE No. 15 OF 1856 .
Evidence- Trial by Jury.
No. 15 of 1856.
An Ordinance for amending the Law of Evidence and Trial by Jury .
[ 22nd August, 1856. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
BR advice of the Legislative Council thereof, in manner following, that is to say :
Extends 18 & 19 1. So much of the Act of Parliament passed in the eighteenth and nineteenth
Vict., c. 42, to
this Colony. years of Her present Majesty, chapter forty-two, relating to oaths administered and
notarial acts done by Diplomatic and Consular agents, as is not now in force within this
Colony, shall, from and after the passing hereof, come into force within the same.
Foreign instru 2. All instruments whatsoever, legally and properly filed or recorded in any
ments.
Foreign Court of Justice or Consulate according to the law and practice of such Court
or Consulate, and all copies of such instruments , shall be admissible in evidence within
this Colony, upon being proved in like manner as documents filed or recorded in any
Foreign Court are proveable under this or any other Ordinance ; and all documents
whatsoever so filed or recorded in any Foreign Court or Consulate, and all copies of
such documents , shall, when so proved and admitted , be holden as authentic and
effectual for all purposes of evidence as the same would be holden in such Court or
Consulate.
Depositions may 3. Whenever it shall appear to the satisfaction of the Supreme Court, or of the
be read at trial
when the
witness is absent Court of Petty Sessions, that the person conducting a criminal prosecution on behalf
or too ill to be
produced. of the Crown is merely, by reason of the illness or absence from the Colony of, or the
impracticability of serving process on, a person whose deposition shall have been duly
taken in the matter, before or on the committal of the prisoner to take his trial upon
such prosecution, unable to produce the said person as a witness upon the said trial,
then and in such case the said deposition may be read at the said trial as evidence
against the said prisoner, if the said Court shall think fit.
Heathen 4. A heathen witness, in any Court or before any person empowered to administer
witnesses not to
be sworn but by an oath, shall not be sworn either before or upon giving his testimony, unless the said
order of the
Court.
Court or person shall think fit so to direct ; in which case the said witness shall be
sworn according to his conscience. But every heathen witness shall, before the taking
of his said evidence, be by, or by the order of, the said Court or person, duly warned
to speak the truth, and informed of the penalties to which, in case he shall not speak
the truth he will become liable ; it being hereby declared and enacted, that the penalties
of perjury shall be deemed and taken to apply to false testimony given by any such
witness, whether sworn or unsworn, in any case where, if he had given the same upon
oath, he would by law have thereby become liable to the same.
Contradictory 5. Where two or more conflicting or contradictory statements of fact, or alleged
statements by
the same witness
may be punished fact, have been wilfully and knowingly made by one and the same witness before any
as perjury,
Court or person empowered as aforesaid, either at the same examination or at two or
more examinations, and whether before the same Court or person, or before any other
ORDINANCE No. 15 OF 1856 . 365
Evidence-Trial by Jury.
Court or person, an indictment or information may be presented or exhibited against
him, charging him with having, on the day or days of his said examination or examina
tions, wilfully and knowingly made the said conflicting or contradictory statements,
and setting forth the short material purport or effect thereof respectively ; and if such
witness shall be thereof convicted in whole or in part, he shall suffer the penalties of
perjury.
6. If the Court before which the statements in section 5 mentioned, or the last Or (if before the
Supreme Court
of them, shall have been so made shall happen to be the Supreme Court, or the Court or Petty Sessions)
summarily,
unless they shall
of Petty Sessions, such Court may, if it shall think fit, either direct a prosecution of direct a prosecu
tion.
the same for perjury, and commit the offender unless he shall give bail for trial at the
next sessions of the Court so committing, or treat the same as a contempt of Court, and
forthwith proceed summarily to punish the same, either by fine not exceeding for every
such offence two hundred dollars, or by imprisonment with or without hard labour for
a term not exceeding for every such offence six calendar months, which punishment
shall be in lieu of all other penalties hereby provided.
7. In proceedings under sections 5 and 6 of this Ordinance, it shall not be Not necessary in
such cases to
necessary to enquire, state, or prove the respective truth or falsehood of any such ascertain the
truth of such
statements . statements.
8. The materiality of any false testimony to the issue or matter in question shall Materiality of
false testimony
not essential to
not be deemed essential in determining the character of the offence thereby committed ; constitute the
offence of
and every person guilty of false testimony shall, without regard to the materiality or perjury.
immateriality thereof to any such issue or matter, suffer the penalties of perjury, if
the jury at his trial shall think fit to convict him of his said offence.
9. Matters of inducement, and averments, whether affirmative or negative, shall Shortening the
form of indict
ments and infor
no longer be introduced into indictments or informations for perjury, false witness , or mations for per
jury, &c.
false declaration ; and it shall be sufficient to charge therein, according to the facts,
that the defendant, on the day or days, falsely, knowingly, and wilfully stated before
the Court or person empowered as aforesaid, the matters alleged to be false, setting
forth the same shortly, and according to the substantial effect thereof.
10. Section 5 of Ordinance No. 4 of 1851 is hereby amended, by substituting Ordinances No. 4
of 1851, (§§ 5, 6,
the word ' February ' for the word ' January' ;-Sections 6 and 7 of the same & 7,) and No. 14
of 1856, § 2,
amended and
Ordinance are hereby revived and confirmed ; -Section 2 of Ordinance No. 14 of 1856 confirmed ; and
Ordinances No. 1
is hereby amended by inserting the word ' First ' before the word ' Schedule ' ;-And of 1851, and No.
4 of 1854
Ordinances No. 1 of 1851 and No. 4 of 1854 are hereby repealed. repealed.
11. The word ' Witness ' in this Ordinance shall extend to every person whose Witness de
fined.
answer, deposition , affidavit, or other declaration upon oath, either viva voce, in writing ,
or upon record, may be taken or might have been taken but for this Ordinance.
[ Disallowance Proclaimed 23rd May, 1857 ; repealed by Ordinance No. 4 of 1887. ]
366 ORDINANCES Nos . 1 AND 2 OF 1857 .
Intestates' Estates. Peace ofthe Colony.
No. 1 of 1857.
An Ordinance for Intestates ' Estates .
[ 3rd January , 1857. ]
E it enacted and ordained by His Excellency the Governor of Hongkong , with the
BR advice of the Legislative Council thereof, as follows :
Repeal of Ordi 1. Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1854 (with
nance No. 5 of
1855, and revivor the exception of section 5 of the last-mentioned Ordinance) is hereby revived .
of Ordinance No.
6 of 1854, (except
section 5). 2. The Officer Administering the Government of this Colony shall, from time to
Subsequent
claims to be made
good out of the time, as occasions shall require, repay or make good to any persons preferring and
general revenue
of the Colony. duly proving their claims to the same after confiscation thereof for Colonial purposes
under section 3 of Ordinance No. 6 of 1854, all funds so confiscated ; and all monies
in the Treasury forming part of, or arising from, the general revenue of the said
Colony, shall be applicable in so repaying or making good the same.
Power to 3. It shall be lawful for any claimant, under section 2 of this Ordinance, in
unsuccessful
claimants to peti case his claim shall not be allowed by the said officer, to present his summary petition
tion the Supreme
Court in Equity.
in that behalf to the Supreme Court in Equity, against the Queen's Attorney General
as respondent thereto ; and if he shall verify his said claim by evidence to the
satisfaction of the said Supreme Court, it shall be the duty of the said Court to make
such order in the premises as justice shall require ; and upon the application of the
same, or any other claimant or person, or of the said Attorney General, from time to time
to vary the same and to enforce every such order according to the practice of th
Supreme Court.
[ Repealed by Ordinance No. 7 of 1885.]
No. 2 of 1857.
An Ordinance for better securing the Peace of the Colony.
[ 6th January, 1857. ]
Preamble. HEREAS it is expedient, in consequence of the present circumstances of this
W Colony, to adopt immediate and further means for the preservation of the
peace and security thereof : Be it therefore enacted and ordained by His Excellency
the Governor of Hongkong , with the advice of the Legislative Council thereof, in
manner following, that is to say : —
Operation ofthe 1. This Ordinance shall take effect within this Colony until His Excellency in
Ordinance, and
power to suspend Executive Council shall, by Proclamation published in the Hongkong Government
and revive it.
Gazette, suspend the operation of the same ; and His said Excellency in Council is hereby
authorized from time to time, by any Proclamation so published as aforesaid to revive
the operation of this Ordinance and again to suspend it, so often as shall be deemed
meet.
ORDINANCE No. 2 of 1857 . 367
Peace ofthe Colony.
2. Engraved copper plates, or printed forms of passes, shall be provided by the Forms ofnight
passes to be pro
Superintendent of Police according to the form following, that is to say: vided, sealed, and
issued, bythe Su
perintendent of
Police.
"This is to certify, that the bearer hereof [ name] is authorized to pass
' and repass during the night season from and to the house of [ employer's
'name] in [street or road] Victoria, during the period of days from the
'date hereof. Dated this day of A.D. , 1857.
' [Seal ] (Signed) A.B., Superintendent of Police.'
which plates or forms shall bear Her Majesty's Arms and be sealed with the Police
Office seal, and shall be from time to time issued by the said Superintendent to such
of the occupiers of the several houses within Victoria, for use as he shall find to be fit
and proper persons to receive and use the same, and according to the wants of such
occupiers ; yet so as that no Chinese occupiers shall receive or hold more than one such
plate or form at any one time. And that no further issue of plates or forms be made
to any occupier but upon his delivering up or proving the loss or destruction of those
whereof he was previously the holder.
3. Every occupier using or allowing to be used any pass , shall first fill up or cause Blanks to be
filled up by the
to be filled up the blanks therein according to the truth of the case ; and he shall not occupier.
use nor allow to be used any pass except in conformity with the facts thereby appearing ;
and every offence against this section shall be a misdemeanor. Penalty .
4. The Superintendent of Police is empowered from time to time to call in and Power to rescind
passes.
rescind any plates or forms previously issued by him, whether the times for which they
were issued shall have then expired or not ; and any person wilfully disobeying any
such call shall be guilty of a misdemeanor.
5. Any Chinaman found at large elsewhere than in his own habitation between Penalty for not
having a night
the hours of eight in the evening and sunrise and not having a pass duly issued and pass.
made out in conformity with sections 2 and 3 of this Ordinance, shall be sum
marily punished by any Justice of the Peace for every such offence, either by a fine
not exceeding fifty dollars, nor less than one dollar ; or by imprisonment and hard
labour for a term not exceeding fourteen days, nor less than one day ; or by public
whipping or public exposure in the stocks, yet so as that no such offender shall receive
more than twenty blows, or be exposed for more than two hours, for any one offence.
6. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or Power to arrest
and keep sus
without warrant, any person whom he shall reasonably suspect to be an emissary or pected emissaries
or abettors of
abettor of Her Majesty's enemies, or of pirates, or of Chinamen disaffected to Her enemies, &c.
Majesty's Government, or otherwise dangerous to the peace and good order of this
Colony, and him safely keep until he can be dealt with according to law.
7. His Excellency in Executive Council is authorized to deport or cause to be Power of depor
tation.
deported to any place within the Empire of China, any Chinamen liable to arrest
under section 6 of this Ordinance.
368 ORDINANCE No. 2 of 1857.
Peace of the Colony.
Co-operation 8. Every person whomsoever required by the Superintendent of Police to
with Fire
Brigades. co-operate with any Fire Brigade, whether consisting of Volunteers or not, so that the
same be approved by His Excellency, or in the working of fire engines, or in the
suppression of fire, shall be bound to obey such requisition under the penalty for every
case of disobedience of not less than ten dollars, nor more than fifty dollars, to be
imposed by any Justice of the Peace, or ( if such Justice shall think fit and the offender
shall be a Chinaman) of not more than fifteen blows, nor less than five blows.
Ordinance No. 1
of 1855 (sections 9. Section 3 to 8, both inclusive, of the expired Ordinance No. 1 of 1855, are
3 to 8) revived
and made hereby revived and made perpetual.
perpetual.
Ordinance No. 14 10. Division 8 of section 3 of Ordinance No. 14 of 1845 is hereby amended
of 1845 (section
3, division 8)
amended. by expunging the words ' One Hundred and fifty ' and inserting the words ' three
hundred ' in the stead thereof.
Power to fire on
Chinese abroad 11. Every person lawfully acting as a sentry or patrol at any time between the
at night-time.
hour of eight in the evening and sunrise is hereby authorized whilst so acting, to fire
upon, with intent or effect to kill, any Chinaman whom he shall meet with or discover
abroad and whom he shall have reasonable ground to suspect of being so abroad for an
improper purpose, and who being challenged by him shall neglect or refuse to make
proper answer to his challenge.
Chinamen not 12. If any Chinaman, not being the holder of a night pass, shall carry abroad
holding passes
shall not
carry arms. with him, whether by night or day, any deadly weapon whatsoever, he shall be guilty
of a misdemeanor.
Acts not to be
questioned. 13. No act done or attempted in pursuance of this Ordinance shall be questioned
in any Court.
Further powers 14. Person serving in the sea or land forces of Her Majesty or of Her Allies shall,
to persons
serving in the if acting or aiding in the execution of this Ordinance, be deemed and taken to have
sea and land
forces of Her such further and other powers and authorities for the better securing the public peace
Majesty and of
Her Allies.
and order as they would have had if Martial Law had been proclaimed within this
Colony ; and it shall not be lawful to try and punish any such persons for any act done
or attempted in pursuance of such further or other powers or authorities, or any of
them, save only (in the case of Her Majesty's said forces) before a Court Martial to be
holden under any statute for holding such a Court.
Courts Martial 15. Nothing in the last section contained shall be construed to confer upon a
not to obtain
jurisdiction over Court Martial any jurisdiction whatsoever over persons not serving in Her said Majesty's
other persons.
sea or land forces.
Indemnity for 16. All acts done or attempted before the passing of this Ordinance, and which
past acts.
would have been lawful if so done or attempted after the passing thereof, are hereby
authorized and made valid ; and no man shall at any time hereafter be called in question
for or in respect of the same.
[ Suspended under section 1 by Proclamation 15th July, 1857. Repealed by Ordinance
No. 4 of 1887.]
ORDINANCE No. 3 OF 1857. 369
Imperial Acts Extension.
No. 3 of 1857.
An Ordinance for extending to this Colony certain Acts of Par
liament.
[ 14th February, 1857. ]
E it enacted and ordained by His Excellency the Governor of Hong
B
kong, with the advice of the Legislative Council thereof, in manner
-
following, that is to say :
1. The Enactments of the Imperial Parliament specified in the sche Extension of
Enactments.
dule hereunto annexed are hereby, and from the day of the passing hereof,
extended to this Colony and its dependencies , and to the Supreme Court
of the same ; with such exceptions as are specified in the said schedule.
2. Rights acquired , liabilities incurred , and acts done , at or before Rights ac
quired, &c.,
the passing of this Ordinance, shall not be affected by the said Enactments , not to be
affected.
or any of them.
THE SCHEDULE TO WHICH THIS ORDINANCE REFERS .
Title or Subject- matter How much of the Act is extended by
Date of Act. of Act. this Ordinance.
19 & 20 Vict. c. 25. An Act to amend the The whole of the Act.
Law relating to Drafts
on Bankers.
19 & 20 Vict. c. 64. An Act to repeal certain The whole of the Act.
Statutes which are not
in use .
19 & 20 Vict. c. 94. An Act for the uniform The whole of the Act (except in so far
Administration of In as it may be deemed to affect the customs
testates ' Estates. or usages of Chinese people, touching
the distribution of the personal estate
of Chinese persons dying intestate ) .
19 & 20 Vict. c. 97. An Act to amend the The whole of the Act.
Laws of England and
Ireland affecting Trade
and Commerce .
19 & 20 Vict. c. 113. An Act to provide for So much ofthe Act as is not now in force
taking Evidence in Her within this Colony and its dependen
Majesty's Dominions cies, with the exception of the proviso
in relation to Civil and contained at the end of section 6.
Commercial matters
pendingbefore Foreign
Tribunals.
19 & 20 Vict. c . 120. An Act to facilitate The whole of the Act except so much
Leases and Sales of thereof as relates to copyhold and cus
settled Estates. tomaryhold estates, and also except
sections 30, 31 , 42, 43, 44, 45, and 46.
[ So much as relates to 19 and 20 Vict. c. 25 repealed by Ordinance No. 4 of 1860
and by Ordinance No. 4 of 1887. So much as relates to " The Mercantile Law
Amendment Act 1856," repealed by Ordinance No. 13 of 1864. So much as relates
to 19 and 20 Vict. c. 113 repealed by Ordinance No. 2 of 1889. ]
370 ORDINANCES Nos . 4 AND 5 OF 1857 .
Amendment of Ordinances. Salvage-- Prize.
No. 4 of 1857.
An Ordinance for amending the Ordinances therein mentioned.
[ 5th March, 1857. ]
E it enacted and ordained by His Excellency the Governor of
BE
Hongkong, with the advice of the Legislative Council thereof, as
--
follows :
Rules and 1. All rules and orders made or to be made by the Supreme Court,
orders under
Ordinances for giving effect to Ordinances No. 5 of 1856, and No. 7 of 1856 , or
Nos. 5 & 7 of
1856 to be either of them, shall be laid before and approved by the Legislative
approved in •
Council. Council , before the same shall be issued ; and all such rules and orders.
when so approved and issued shall be published , and have the same force
within this Colony as if the same had been enacted by way of Ordinance.
Repeal of 2. So much of section 2 of Ordinance No. 14 of 1856 , as contains
parts of
sections 2 a salvo as to the power of the Registrar ; and so much of section 4 of
and 4, of Or
dinance No. the last-mentioned Ordinance, as requires immediate payment to be made
14 of 1856,
and of of costs of interlocutory proceedings , and forbids their being made to
sections 5 , 6,
and 12 of the abide the event ; and also the whole of sections 5 , 6, and 12 of the same
same.
Ordinance, are hereby repealed.
Costs payable 3. In all proceedings where costs would have been recoverable by
by or to the
Crown. or from private parties , they shall be recoverable by or from the Crown.
Declaratory 4. Section 18 of " The Common Law Procedure Act , 1854 , " is
as to 17 and
18 Victoria, hereby declared to be applicable to all trials, criminal and civil, within
c. 125.
this Colony ; but none of the other sections thereof, not expressly
extended by Ordinance or re - enacted here , are in force within the same.
No. 5 of 1857.
An Ordinance for Salvage and Prize in certain cases .
[ 25th March, 1857 .
E it ordained by His Excellency the Governor of Hongkong, with the advice of the
BR Legislative Council thereof, as follows :
Fxtension ofMer 1. So much of the " Merchant Shipping Act, 1854," as relates to salvage, is here
chant Shipping
Act as to salvage. by extended to this Colony, and to the Courts and Justices thereof, and to all questions
of salvage coming before them, and wheresoever arising.
ORDINANCES Nos. 5 AND 6 OF 1857. 371
Salvage-Prize. Registration and Census.
2. Where the value of any single boat, or (in the case of the capture and bringing Prizes from pira
tes in China seas.
in of more boats than one) the collective value of any boats, heretofore or to be here
after captured from pirates in the China Seas and brought into port by the captors,
shall not (including the property aboard) exceed two hundred and fifty dollars, it shall
be lawful for the Court of Petty Sessions or a Stipendiary Magistrate to hear and
adjudicate upon all questions touching the same, whereof the Vice-Admiralty Court
hath or shall have cognisance, and to condemn, acquit, or restore, the same accordingly,
and to award or refuse costs and other expenses, as shall be deemed reasonable and fit ;
and no costs or expenses shall be allowed by the Vice-Admiralty Court to any person
suing there, in respect of any such capture, except in cases arising under the Act of
Parliament of the thirteenth and fourteenth years of the Queen, chapter twenty- six ;
and also except in cases where the said Admiralty Court shall be of opinion that a dif
ficult question of law was involved .
3. A Stipendiary Magistrate shall have and exercise the same powers and duties Stipendiary Ma
gistrates.
as, by the said extended portions of the " Merchant Shipping Act, 1854," are conferred
or imposed on two Justices of the Peace.
4. All acts and things heretofore done, which, if done after the passing hereof, Retrospective
effect.
would be valid, are hereby made valid and lawful for all purposes.
[ Repealed by Ordinance No. 4 of 1861. ]
No. 6 of 1857.
An Ordinance for Registration and Regulation of the Chinese People , Title.
and for the Population Census, and for other Purposes of Police.
[ 5th May, 1857. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with Preamble.
BR the advice of the Legislative Council thereof, in manner following, that
is to say :
1. Ordinances No. 13 of 1844, No. 7 of 1846, and No. 3 of 1853, and so much of Repeal of ordi
nances and part
Ordinance No. 12 of 1844 as relates to the charging or investing the Chief Magistrate of an ordinance.
of Police with any direction or superintendence of, or control over, the Police Force
thereby established, other than such control as any other Magistrate or Justice of the
Peace may in his magisterial capacity exercise, are hereby repealed.
2. The Census and Registration Office presently existing in Victoria shall, for Census and re
gistration officer
the purposes of this Ordinance, be continued and established ; together with the established.
Registrar General and other the officers and assistants by whom the duties and
business thereof have been hitherto performed.
372 ORDINANCE No. 6 OF 1857.
Registration and Census.
Appointments of 3. The several persons now being the Registrar General, officers and assistants
officers.
of the said office, shall continue to discharge the said duties and business at their
present salaries during His Excellency's pleasure ; and upon any vacancy, His Excel
lency may from time to time nominate and appoint such person or persons to be such
Registrar General, officers, and assistants respectively, and at such salary and salaries
as to His Excellency shall seem meet, and also remove him or them at His Excellency's
discretion from time to time, and nominate and appoint another or others in his or
their room ; yet so as that Her Majesty's pleasure shall be taken as to every nomina
tion, appointment, and removal of a Registrar General, and as to every new limitation
of salary under the provisions of this section.
Powers and du 4. The Registrar General is, by virtue of his office, and for the execution of this
ties ofthe Regis
trar General. Ordinance, and not otherwise, a Justice of the Peace, a joint Superintendent of Police,
and the Protector of Chinese inhabitants within this Colony, and as such is bounden
to use his best endeavours to prevent the commission of crime, and, if committed, to
discover and apprehend the parties guilty thereof, and generally to watch over and
protect the said Chinese inhabitants ; and for the purposes aforesaid he is empowered
and required to use and exercise all the authorities of a Justice and Superintendent
of Police, and also to enter at any time or times, as he shall find meet, any building
soever within this Colony, or vessel or boat soever within the waters of the same or
adjacent thereto, if such building , vessel, or boat shall then have any Chinaman within
or on board of the same.
Duties of the
other officers 5. The other officers and assistants in the said Census and Registration Office
and assistants.
shall be obedient and assisting unto the said Registrar General in the execution of
this Ordinance.
The Chief Ma 6. The powers and authorities which by the said Ordinance No. 12 of 1844 were
gistrate's author
ity to devolve vested in the Chief Magistrate of Police, are from henceforth vested in and shall be
upon the Super
intendent and
Registrar Gene exercised by the Superintendent of Police for the time being constituted under the
ral.
said Ordinance, in all matters wherein any of the provisions for the census registration
and protection of Chinese people are not concerned, and by the Registrar General in
all matters wherein any of the said provisions are concerned ; and the same obedience
shall be rendered by the Police Force of this Colony to the orders of the said Superin
tendent of Police and Registrar General respectively, and to all rules and regulations
to be by them respectively made under section 3 of the said Ordinance No. 12 of
1844 and this section, with the approbation of the Governor ; due regard being had to
the respective matters to which such powers and authorities, rules and regulations,
respectively shall relate.
Divison into dis 7. The Registrar General, with the approbation of the Governor, shall divide
tricts, and num
bering. this Colony into districts, and cause every house therein , whether occupied by a
Chinaman or by an European, to be numbered , and tickets to be prepared and issued
for the purposes of section 8 ; and it shall be the duty of every Chinese occupier
or inmate of a house, or of a boat or vessel having a certificate or licence under this
ORDINANCE No. 6 of 1857 . 373
Registration and Census.
Ordinance, to procure and retain in his possession one such ticket from the said Re
gistrar General for the purposes of this Ordinance ; and every Chinaman not so pro
curing, or not so retaining such ticket, or not producing the same whensoever required,
shall, unless he shall make proof of some reasonable justification or excuse, be deemed
a vagrant.
8. Every Chinaman occupying a house, or auy boat or vessel as aforesaid, shall Numbers to be
painted, lists of
cause the number thereof to be painted and affixed to such house, boat or vessel in inmates to be
exhibited, and
tickets to be de
such wise as the Registrar General shall direct, and shall cause to be inscribed in such livered to them.
wise as he shall direct, upon a board exhibited in some conspicuous part of such house,
boat or vessel, a true and full list of all the inmates thereof, distinguishing in the
case of a house the inmates of the upper and lower floors thereof, for the time being ;
and shall deliver to every such inmate a ticket, stamped by the Registrar General, and
containing such particulars, and in such form, as he shall also direct ; and every such
ticket shall from time to time, and when the holder thereof shall cease to be such
inmate, be obtained back from him by the said occupier and cancelled .
9. Possession by a Chinaman of any of the tickets mentioned in sections 7 and Possession of
tickets to be pri
8 shall be prima facie evidence of the delivery thereof to him as an inmate by the ma facie proof of
delivery.
Chinaman therein mentioned as occupier.
10. Every Chinese occupier shall be held responsible as surety for the good con The occupier to
be responsible
duct of every inmate to whom he shall have delivered any such ticket unless the said for the inmates.
occupier shall show some matter of justification or excuse .
11. Every such occupier is hereby commanded to furnish at all times to the Re Statistical infor
mation to be
furnished by
gistrar General whatsoever information the said Registrar General shall, for the purposes occupiers.
of this Ordinance, require of him ; and every occupier of a house is further commanded,
upon the occurrence of any marriage, birth, death, arrival, or departure of inmates
within his house, forthwith to report the same to the proper Chinese officer of his
district.
12. Within ten days next after the commencement of any future hiring by an Registration
tickets in case
of Chinese
European of a Chinaman as a servant to reside within the hirer's house or place of servants resident
with Europeans.
business, or (in case of any such hiring which hath already commenced ) within ten days
from the passing of this Ordinance, such Chinaman shall apply to the said Registrar
General for a registration ticket, and shall at the same time produce unto the said Re
gistrar General a certificate of his hiring under the hand of the said hirer, and ( if so
required by the latter) satisfy the said Registrar General that he hath obtained sufficient
security after Chinese custom for the indemnity of the said hirer against his acts and
defaults ; and thereupon it shall be the duty of the said Registrar General to make out
under his hand the said registration ticket, inserting therein such particulars as to him
shall seem meet, and to deliver the same unto the said Chinaman .
13. All Chinese houses shall be divided into tithings or káp of ten houses each, Chinese tithings
or káp.
wherein every occupier of a house shall answer to Her Majesty for the good conduct
of the occupiers of the other nine ; and over every tithing or káp one of the occupiers
374 ORDINANCE No. 6 OF 1857 .
Registration and Census.
of the houses comprised in the same shall be kápcheong or tithingman , to be elected
by common vote of the said tithing or káp to that office, subject to the approval of
KAUPARTDE
this Government, and he shall be the proper representative of the said tithing or káp,
and be distinguished by some badge to be appointed by His Excellency, and he shall
hold his said office during one year ; and no other person shall assume the title or
badge of kápcheong of such tithing or káp .
Duties of káp. 14. It shall be the duty of every such occupier of a house to report to his káp
cheong without delay, to the utmost of his skill and knowledge, all cases, or suspicions
of crime, committed or to be committed, and generally, for all the purposes of this
Ordinance, to be aiding and assisting to the said kápcheong in the execution of the
same ; and further, to do his utmost to prevent all crimes, felonies, and misdemeanours,
and to apprehend all persons whom he shall find in the actual commission of the same.
Duties of the 15. It shall be the duty of the kápcheong to communicate forthwith to the Re
kápcheong.
gistrar General all such reports as in section 14 are mentioned, when and as the
same are received by him ; and likewise to report to him to the utmost of his skill and
knowledge, and without delay, all such cases, or suspicions, whether so reported from
the káp or not ; and in all other respects to discharge the duties and exercise the
powers of a constable of the Police Force of Hongkong, save so far as the same are
altered by this Ordinance.
The medium of 16. The kápcheong, as the proper representative of his káp , shall be aiding and
executing
process, &c., in assisting unto the Civil, Naval, and Military authorities of this Colony, in the execu
a káp.
tion of warrants , writs, and process, and the making of searches, inquiries, and arrests,
within any house of his káp ; and the said authorities are authorized to communicate
with the said kápcheong, for the purposes of this section.
Power to elect
and appoint 17. His Excellency in Council shall have power to approve for, and appoint to,
tepos.
the office of tepo in each town, village, hamlet, and district, of this Colony, a proper
person to ❤be presented unto him by the occupiers of Chinese houses therein , or (in
default of such presentment) to be nominated by His Excellency in Council for that
purpose.
Powers and
duties of the 18. Every tepo shall have, throughout his town , village, hamlet, or district, the
tepo .
same powers and authorities, and perform the same duties, as are hereinbefore con
ferred and imposed on a kápcheong, with respect to his káp.
The tepos and 19. All tepos and kápcheongs shall be immediately subordinate unto the Registrar
kápcheongs
shall be
regulated by the General, and shall conform to his orders, and obey and enforce whatsoever rules and
Registrar
General. regulations he shall, with the approbation of His Excellency, frame and issue for the
better execution of their respective duties under this Ordinance.
Salary of the 20. The amount of the salary of each tepo shall be fixed by His Excellency in
tepo.
Council, and shall be raised by way of levy, at the same time with the Police tax of his
town, village, hamlet, or district , upon the annual value of the Chinese houses within
the same, according to the assessment thereof to the said tax, and at a rate per cent
sufficient to raise the said amount ; and it shall be the duty of the Registrar General
ORDINANCE No. 6 OF 1857. 375
Registration and Census.
to ascertain the said rate, and to receive the amount of the said levy when made, and to
pay thereout to the tepo his said salary, and to account with the Government, and also
with the said town , village, hamlet, or district, for the remainder, if any, of the amount
levied ; and the provisions of all Ordinances for the enforcement of the payment of
Police taxes, shall be extended to the enforcement of the said levy.
21. A tepo shall be permitted to act as arbitrator in disputes of a civil nature Power of
arbitration.
only, arising between Chinamau, willing to submit the same to his arbitrament ; and
his award being reduced to writing, and approved by the Registrar General, shall be
received in evidence, and may be carried into effect by any Court wherein the same
shall come in question .
22. The hawking of goods or wares in the streets or roads of this Colony without Unlicensed
hawking
a licence from the Registrar General is hereby prohibited . prohibited.
23. No licence for such hawking shall be granted by the Registrar General to any Conditions and
fees of hawking
person except after proper enquiry into the character of the applicant, and upon due licences.
and ample security for his good conduct, and subject to forfeiture on his conviction of
any offence before any Justice of the Peace. And every applicant, on receiving his
said licence, shall pay therefor to the Registrar General, to the use of the Crown, the
fee in that behalf mentioned in the schedule hereunto annexed.
24. The Registrar General shall grant to such fit and proper persons , being China The Registrar
General to grant
men, as shall make application unto him in that behalf, licences to undertake and per undertaker's
licences.
form the burials of Chinese dead in the cemeteries, and after the manner prescribed
by law; and every such licence shall be limited in duration to one year, but renewable
at the expiration of each year ; and there shall be paid to him to the use of the Crown
for every such grant or renewal the fee in that behalf specified in the schedule hereunto
annexed.
25. No person, not being an undertaker licensed under section 24, shall hence None but
licensed
undertakers to
forward undertake or perform any burials of Chinese dead, or dig any grave within bury or dig
any such cemetery as aforesaid. graves.
26. Every licensed undertaker is hereby required to use his best skill and endea The undertakers
are required to
prevent and
vour, to prevent and repress all offences against , and violations of, the laws for regula repress offences
against Burial
ting Chinese burials, and to apprehend, or cause to be apprehended, all persons accused Laws.
thereof, and from time to time to report every such offence or violation to the Regis
trar General with all reasonable speed .
27. It shall be lawful for the Registrar General to grant to such persons, upon Licensing of
China boats, &c.
such security and in such form as he shall think fit, and upon payment to him made
to the use of the Crown of such fee therefor according to size as in the said schedule
hereunto annexed is in that behalf specified , certificates of licence of Chinese boats or
vessels plying for hire within the waters of this Colony, or carrying passengers between
this Colony and the ports on the Chinese Main (other than Chinese boats or vessels
visiting this Colony merely for trading purposes ;) and every such boat or vessel shall
carry on each of her bows and on her stern , legibly painted upon wood or tin , the true
376 ORDINANCE No. 6 OF 1857.
Registration and Census.
number of her certificate aforesaid, which number shall be supplied by the Registrar
General for that purpose ; and no such certificate or number shall be transferred or
lent unto any other boat or vessel, or the persons on board of the same, nor shall any
certificate or number other than such as the said Registrar General shall have granted
under this section be assumed or exhibited by any such boat or vessel, or the persons
on board of the same. And every person having charge of any such boat or vessel is
hereby commanded , whensoever thereunto required , to exhibit the certificate granted
in respect thereof under this section. And all persons having charge of Chinese boats
or vessels, and not having obtained or not having on board such certificate as aforesaid
(other than as aforesaid ) are hereby forbidden to employ their said boats or vessels in
plying here within the said waters, or in carrying passengers between this Colony and
the said ports, or to cause, suffer, or connive at their said employment.
Power to grant 28. Upon security given to the Registrar General and to his satisfaction for the
protection
tickets.
character and conduct of the persons concerned , and upon payment made to him by
them of such fee therefor as in the said schedule hereunto annexed is in that behalf
specified, the Registrar General, when thereunto requested by the said persons, may
make out in such form as he shall think fit, and deliver unto the said persons, a ticket
under his hand, entitling any Chinese boat or vessel having such certificate as aforesaid
to the protection of Her Majesty's Naval Forces against pirates. And it is hereby
required, that no such person shall lend any such protection ticket to any other person,
and that no person shall use or borrow any protection ticket whereof he is not the
grantee.
Scale of boat 29. Scales of fares for all licensed boats and vessels within the said waters, and
fares and coolie
hire.
also scales for the hire of all coolies and labourers by the day, hour, or job , with all
proper regulations for exceptional cases, shall be prepared and fixed , and, if expedient,
from time to time altered and varied, by the Registrar General, subject to the approval
of His Excellency the Governor in Council ; and every such scale and variation thereof
shall, when and as approved , be notified in the Government Gazette, and shall be evi
dence of the right of the parties concerned to the fares or hires therein mentioned .
And a correct and complete copy of every scale of fares for the time being in force shall
be furnished by the Registrar General to every such boat or vessel, which copy the
persons owning or having charge of the said boat or vessel shall cause to be fixed and
exhibited in some conspicuous part thereof. And no person owning or having charge of
any such boat or vessel, or being such coolie or labourer, shall demand or receive a
greater fare or hire than by the scale for the time being in force and relating thereto
is sanctioned ; and no such person shall refuse, without reasonable and sufficient cause,
to accept employment according to his scale, whensoever offered in conformity with this
Ordinance, or use any abusive or insolent language to any person soever, so employing
or offering him such employment.
Licences to
receive and 30. No person soever, Chinaman or European, shall lodge, receive, or keep any
lodge coolies, &c.
Chinese labourers or coolies, (not being persons in his actual employment as such , or
bona fide inmates of his tenement, boat, or vessel), nor any Chinese emigrants, or
ORDINANCE No. 6 OF 1857 . 377
Registration and Census.
intending emigrants, in or upon any tenement within this Colony, or on board of any
boat or vessel lying within the same or the waters thereof, and not being at the time
actually and bonâ fide engaged in or for the lawful voyage of the labourers, coolies or
emigrants then on board thereof, unless such person shall have first obtained from the
said Registrar General his licence in writing in that behalf, which licence the said
Registrar General is hereby empowered to grant for such term and upon such conditions
as he shall think fit, upon proof first made of the fitness of such person to receive the
said licence, and upon payment by him to the said Registrar General advanced and
made for the same of such yearly or other fee, as in the schedule hereto is expressed,
and he may from time to time call in and revoke or alter the same so often as he shall
deem expedient .
31. The Registrar General is charged especially for the purposes of this Ordinance Visitation,
inspection, and
to visit, inspect, and approve of any tenement, boat, or vessel, in respect whereof appli approval of
tenements , &c.,
for the purpose
cation shall be made to him for a licence, under section 30, before he shall grant and prevention
of abuse.
or renew the same ; and it shall be at all times during the continuance of any licence
by him so granted or renewed , his duty to enforce the observance of good order, decency,
and morality, and the prevention or punishment of nuisances and other abuses among
the inmates thereof, and whether by them or by any other person committed, and to
secure to the said inmates the enjoyment of their personal rights, as British subjects
whether permanently or for the time being.
32. No private person shall occupy or erect any building or other thing soever Residing or
building, &c., on
upon land not being under lease from the Crown, without the licence of the Registrar Crown land.
General, nor with such licence, if the same could not have been lawfully occupied or
erected before the passing of this Ordinance.
33. Any Stipendiary Magistrate or Justice of the Peace may cause any Chinese Security to
appear within
person to find reasonable security for his appearance in any Court for any purpose and twelve months.
at any time within twelve months, and every adjudication to that effect shall be re
ported forthwith to His Excellency ; and such Chinese not finding such security shall
be deemed a person dangerous to the peace of the Colony, within the meaning of Or
dinance No. 2 of 1857.
34. Written licences under the hand of the Governor or Registrar General, for Licences for
public meetings.
the holding of meetings to consider in a lawful way the redress of supposed grievances ,
or for religious or theatrical entertainments, or for any other purposes of public in
terest, may be granted to any Chinese occupiers applying for the same ; and without
such licences, no Chinese people shall hold or be present at any meetings soever of a
public nature, not convened by the Governor or sheriff, and not being solely for the
purposes of religious worship .
35. Mendicancy in the public highways or streets is hereby forbidden . Mendicancy
forbidden.
36. The Governor in Council is empowered to direct the census of population to The power to
direct census
be taken within this Colony from time to time as to His said Excellency in Council
shall seem meet, and every such direction may be addressed to the Registrar General .
378 ORDINANCE No. 6 OF 1857 .
Registration and Census.
Blank returns to 37. Upon receiving any such direction , the Registrar General shall prepare and
be prepared and
delivered. cause to be delivered at every dwelling and place of business throughout this Colony,
a blank return , to be filled up before a certain day to be therein named with the
names and number of the occupiers and inmates of every such dwelling or place of
business, and the persons in their employment or residing with them or within their
tenements according to their several names, sexes, occupations, and countries.
The blanks to be 38. Every such blank return shall, according to its tenor and the truth of the
filled up and
returned. case, be filled up by the occupier of the dwelling or place of business where the same.
shall have been left ; and he shall upon demand, within five days after the day on
which the same was so left, return , or deliver it, so filled up as aforesaid, to the Re
gistrar General.
Penalties. 39. Persons violating, or disobeying, or failing to comply with, the several pro
visions of this Ordinance shall, upon summary conviction of such offence before the
Registrar General, or (if the said person shall so demand) before a Stipendiary Ma
gistrate, or any two Justices of the Peace, incur, and pay, or suffer the several penal
ties and forfeitures hereinafter respectively made applicable to the same, that is
----
to say :
1. Against sec. 7. 1. For every offence of vagrancy, (being a first offence), within the meaning
of section 7, the penalty of exposure in the stocks for a period not exceed
ing three hours, nor less than half-an-hour; or (being a second or subse
quent offence) the like penalty together with the public infliction of not
more than thirty-six blows, nor less than five blows with a rattan ; and
also together with deportation if His Excellency in Council shall think
fit.
2. Against sec. 8. 2. For every offence against section 8, a sum not exceeding forty dollars, nor
less than two.
3. Against secs. 3. For every offence against section 11 , or section 12, a sum not exceeding
11 and 12.
twenty dollars, nor less than one dollar.
4. Against secs. 4. For every offence against section 13, section 14, section 15, section 18, or
13, 14, 15, 18
and 19. section 19, a sum not exceeding fifteen dollars, nor less than one dollar.
5. Against sec. 5. For every offence against section 22, a sum not exceeding ten dollars , nor
22.
less than fifty cents.
6. Against sec. 6. For every offence against section 25, a sum not exceeding twenty-five dol
25.
lars, nor less than one dollar.
7. Against sec. 7. For every offence against section 26, a sum not exceeding twenty-five dol
26.
lars, nor less than one dollar.
8. Against sec. 8. For every offence against section 27, a sum not exceeding fifty dollars, nor
27.
less than five, or the forfeiture of the boat or vessel.
9. Aca'nst sec. 9. For every offence against section 28 , a sum not exceeding fifty dollars, nor
28.
less than five, or if the Court shall so think fit the forfeiture of the boat
or vessel, either in lieu of, or in addition to, the said sum.
ORDINANCE No. 6 OF 1857. 379
Registration and Census.
10. For every offence against section 29, a sum not exceeding twenty dollars, 10. Against sec.
29.
nor less than fifty cents.
11. Against secs.
11. For every offence against section 30 or section 31 , a sum not exceeding fifty 30 and 31.
dollars nor less than five dollars.
12. For every offence against section 32, a sum not exceeding fifty dollars, nor 12. Agains sec.
32.
less than five, (besides the expenses of the removal of the building or
thing occupied or erected) .
13. For every offence against section 33, (unless the same shall be dealt with 13. Against sec.
33.
under the Ordinance therein mentioned,) a sum not exceeding fifty dollars,
nor less than five.
14. For every offence against section 34, a sum not exceeding one hundred 14. Against sec.
34.
dollars, nor less than five.
15. For every offence against section 35 , a sum not exceeding five dollars , nor 15. Against sec.
35.
less than twenty cents ; or the offender shall, at the discretion of the
Court, receive not more than thirty-six blows, nor less than five blows,
with a rattan ; and he shall also, if His Excellency in Council shall so
decide, be deported to any place in the Chinese Empire.
16. For every offence against section 38, a sum not exceeding fifty dollars , nor 16. Against sec.
38.
less than one dollar.
17. And for every such disobedience, violation , or default, for which no specific 17. For every
offence not
penalty is hereinbefore provided , such sum, not exceeding in any case specifically
provided for.
twenty-five dollars, as the Court shall think fit.
40. In case of non-payment of any of the said pecuniary penalties, the same may Enforcement of
penalties.
be recovered by any of the ways and means whereby, on any summary proceedings
before Justices, penalties are or shall be recoverable ; yet so as that no offender against
section 38 shall be liable to be imprisoned in such case.
41. Over and above the pecuniary penalties appointed by section 39, Chinese Chinese officers
or licensees of
fending liable to
offenders , if holding the office of kápcheong or tepo, shall be liable to ignominious ignominious dis
missal.
removal or dismissal by His Excellency in Council after the methods and usages of
the Chinese, and , if holding any licence herein specified , shall be liable to the forfeit
ure thereof.
42. Where, upon the conviction of any offender, it shall appear that, before the In case of seen
rity, the amount
commission of the offence, he had given security to the Registrar General under this of penalty to be
that of the secu
rity.
Ordinance, and that by such offence the same is become forfeited, the amount of such
security shall be deemed to be the penalty actually incurred by him, and it shall not be
lawful for the Court to impose any penalty for his said offence, save and except the
amount of his said security.
43. Every adjudication under this Ordinance shall be final, unless certiorari for Certiorari.
removing the proceedings, either before or after judgment, shall be obtained, by the
Crown or by the defendant, as the case may be, within ten days from the first com
380 ORDINANCE No. 6 OF 1857.
Registration and Census.
mencement of the said proceedings, and unless the proceedings upon the said certiorari
shall be prosecuted, with effect , in the Supreme Court, within six weeks after the ob
taining thereof. And the costs of such certiorari and proceedings shall be paid to or
by the Crown according to the event thereof.
Construction of 44. For the purposes of this Ordinance, the following terms and words shall be
words.
severally taken, not only in their received sense, but also to extend to and include the
meanings hereinafter specified, that is to say :
*Occupier.' "Occupier," " Person occupying," and " Master of a House or Tenement " or
"of a Boat or Vessel," shall include every person acting as master thereof,
occupant of the groundfloor thereof (if a house or tenement) at a rent ,
and (in the event of a vacant house, tenement , boat or vessel or of no
other occupier thereof being found) owner thereof, or his agent. And
House or build "House," " Tenement," or " Building " shall include any shop, outhouse,
ing.
shed, or roof :
'Europeans.' And " European " shall include all persons other than Asiatics , and also all
such Asiatics ( not being Chinese) as owe or shall owe permanent alleg
iance unto Her Majesty :
And Chinese." And " Chinese " shall include natives of Hongkong and other places out of
the Empire of China, being of Chinese blood or following Chinese
usages :
Exception. Save only and except where by the express letter of this Ordinance a more
limited meaning hath been attributed to any or either of the said terms
and words.
Retrospective. 45. All acts done before the passing of this Ordinance which, if done after the
passing thereof, would have been legal and valid , shall be deemed legal and valid for
all purposes soever.
SCHEDULE TO WHICH THIS ORDINANCE REFERS :
Fee for hawkers, …………….. $ 0.50 Quarterly.
1st Class Boats plying for hire, 99 10.00 Annually.
2nd 92 99 99 ....... 39 5.00 29
3rd 99 19 29 19 3.00 27
4th 19 "" "" "9 0.50 ??
Trading and fishing boats, 99 10.00 29
Undertakers ' Licences,.. 97 10.00 29
Licences of tenements and boats or boats for coolies (for every ten
inmates) if by the year,......... 17 5.00 ""
And if by a lesser term (for every ten inmates ), ......... "9 0.10 per diem.
[ Repealed by Ordinance No. 8 of 1858.]
NOTE.—For the divisions into districts under section 3 see Government Notification—
Gazette 9th May, 1857.
ORDINANCE No. 7 OF 1857 . 381
Evidence.
No. 7 of 1857.
An Ordinance for amending the Laws relating to Juries and Evidence .
[ 1st June, 1857. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
BER advice of the Legislative Council thereof, in manner following, that is to say :
1. From and after the passing of this Ordinance, there are hereby extended to this Extends 15 & 16
Vict. c. 36, s. 22,
and 18 & 19
Colony the twenty-second section of the Act of Parliament passed in the sixteenth Vict. c.42, with
certain excep
year of Her present Majesty, chapter eighty- six, relating to the Court of Chancery ; tions, to this
Colony.
and also the whole of the Act of Parliament passed in the nineteenth year of Her
Majesty, chapter forty-two, relating to oaths and notarial acts, except section four of
the last mentioned Act : And also except so much of section five of the said last men
tioned Act as doth not relate to the impounding or custody of documents, or the
tendering in evidence documents with false or counterfeit seals or signatures thereto.
2. Any person tendering in evidence within this Colony any false affidavits, affirm False affidavits,
affirma tions and
mation, or notarial acts within the meaning of section four of the said last mentioned acts.
Act, knowing the same to be false, shall, upon conviction thereof, suffer the penalties
of perjury .
3. All documents whatsoever, legally and properly filed or recorded in any Foreign Foreign docu
ments.
Court of Justice or Consulate, according to the Law and practice of such Court or Con
sulate, and all copies of such documents, shall be admissible in evidence within this
Colony, upon being proved in like manner as any documents filed or recorded in any
Foreign Court are proveable under this or any other Ordinance ; and all documents
whatsoever so filed or recorded in any Foreign Court or Consulate, and all copies of
such documents, shall , when so proved and admitted, be holden as authentic and effec
tual for all purposes of evidence as the same would be holden in such Court or Con
sulate.
4. Whenever it shall appear to the satisfaction of the Supreme Court, or of the Depositions may
be read at trial
when the
Court of Petty Sessions, that the person conducting a criminal prosecution on behalf of witness is absent,
or too ill to be
the Crown is merely, by reason of the illness or absence from the Colony of, or the produced.
impracticability of serving process on, a person whose deposition shall have been duly
taken in the matter, before or on the committal of the prisoner to take his trial upon
such prosecution, unable to produce the said person as a witness upon the said trial,
then and in such case the said deposition may be read at the said trial as evidence
against the said prisoner, if the said Court shall think fit. [ Repealed by Ordinance No.
6 of 1854.]
5. A heathen witness, in any Court or before any person empowered to administer Heathen
witnesses not to
an oath, shall not be sworn either before or upon giving his testimony , unless the said be sworn,[but by
order of the
Court.
Court or person shall think fit so to direct ; in which case the said witness shall be
sworn according to his conscience. But every heathen witness shall, before the taking
382 ORDINANCE No. 7 OF 1857.
Evidence.
of his said evidence, be by, or by the order of, the said Court or person, duly
warned to speak the truth, and informed of the penalties to which, in case he shall not
speak the truth, he will become liable ; it being hereby declared and enacted , that the
penalties of perjury shall be deemed and taken to apply to false testimony given by
any such witness, whether sworn or unsworn , in any case where, if he had given the
same upon oath, he would by Law have thereby become liable to the same. [ Repealed
by Ordinance No. 2 of1860.]
Contradictory 6. Where two or more contradictory statements of fact or alleged fact, material to
statements by
the same witness
may be punished the issue or matter in question, have been wilfully and knowingly made by one and the
as perjury, if
material to the same witness, before any Court or person empowered as aforesaid, either at the same
issue.
examination or at two or more examinations, and whether before the same Court or
person, or before any other Court or person , and whether the respective truth or false
hood of the said statements can be ascertained or not, an indictment or information
may be presented or exhibited against him, charging him with having, on the day or
days of his said examination or examinations, wilfully and knowingly made the said
conflicting or contradictory statements , and setting forth the short material purport or
effect thereof respectively ; and if such witness shall be thereof convicted in whole or
in part, he shall suffer the penalties of perjury.
Or (if before the 7. If the Court before which any false document within the meaning of section
Supreme Court
or Petty Sessions) 2 shall have been tendered , or before which the statements in section 6 mentioned,
summarily,
unless a prosecu
tion be directed, or the last of them, shall have been so made, shall happen to be the Supreme Court, or
and the like in
case oftendering the Court of Petty Sessions, such Court may, if it shall think fit, either direct a pro
false documents.
secution of the same offence for perjury, and commit the offender, unless he shall give
bail, for trial at the next Sessions of the Court so committing, or treat the same as a
contempt of Court, and forthwith proceed summarily to punish the same, either by fine
not exceeding for every such offence two hundred dollars, or by imprisonment, with or
without hard labour, for a term not exceeding for every such offence six calendar
months, which punishment shall be in lieu of all other penalties hereby provided.
Shortening the 8. Matters of inducement, and averments, whether affirmative or negative , shall
form of indict
inents and infor
mations for per no longer be introduced into indictments or informations for perjury, false witness, or
jury, &c.
false declaration ; and it shall be sufficient to charge therein, according to the facts,
that the defendant, on the day or days named, falsely, knowingly, and wilfully stated
or tendered before the Court or person empowered as aforesaid, the matters alleged to
be false, setting forth the same shortly, and according to the substantial effect thereof.
[ Repealed by Ordinance No. 3 of1865. ]
Ordinances No. 4 9. Section 5 of Ordinance No. 4 of 1851 is bereby amended, by substituting the
of 1851, ($ 5, 6,
& 7,) and No. 14 word ' February ' for the word ' January ' ; -Sections 6 and 7 of the same Ordinance
of 1856, § 2,
amended and
confirmed; and are hereby revived and confirmed ;-Section 2 of Ordinance No. 14 of 1856, is hereby
Ordinances No. 1
of 1851, and No. amended by inserting the word ' First ' before the word ' Schedule ' ; -And Ordinances
4 of 1854
repealed. No. 1 of 1851 and No. 4 of 1854, are hereby repealed . [ So much as relates to sections
5, 6 & 7 of Ordinance No. 4 of 1851 repeeled by Ordinance No. 11 of1864.]
ORDINANCES Nos . 7 AND 8 OF 1857. 383
Evidence. Rating-Amendment.
10. The word ' Witness ' in this Ordinance shall extend to every person whose "Witness '
defined.
acknowledgment, answer, plea, deposition, affidavit, or other declaration upon oath,
either viva voce, in writing, or upon record, may be taken or might have been taken
but for this Ordinance.
11. All acts heretofore done, which if done after the passing of this Ordinance, Retrospective.
or during the time when the Ordinance No. 15 of 1856 was in force, would have
been legally done, or which were legally done during the time last aforesaid, are hereby
made legal and valid for all purposes soever.
[All repealed by Ordinance No. 2 of 1889. ]
No. 8 of 1857.
An Ordinatice for amending Ordinance No. 3 of 1851 .
[ 15th July, 1857. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
:-
BRadvice of the Legislative Council thereof, in manner following, that is to say -
1. Ordinance No. 3 of 1851 , section 1 , is hereby amended, by expunging the Ordinance No. 3
of 1851 , s. 1,
amended.
words, " in the Month of January in each Year," and inserting in lieu of them the
words, " at any time or times between the first day of October and the thirty-first
day of December both inclusive in each Year ; " and by expunging the words " during
such month of January," and inserting in lieu of them the words, " at any time or
times between the said days both inclusive, in the year immediately preceding ; " and
by expunging the words " then current year," and " such current year," and inserting
lieu of them the words, " year to which such notice relates ."
2. In every reprinted copy of the said Ordinance, the amendments hereinbefore Future re
printed copies
specified shall be accordingly made : And it shall not be afterwards necessary to print of the Ordinance.
or reprint this Ordinance.
[ Repealed by Ordinance No. 5 of 1863. ]
384 ORDINANCE No. 9 OF 1857.
Peace of the Colony.
No. 9 of 1857.
[See Ord. No. 14 An amended Ordinance for better Securing the Peace of the Colony.
of 1870.]
[ 15th July, 1857. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
B advice of the Legislative Council thereof, in manner following , that is to say :
Powerto suspend 1. His Excellency the Governor in Council may, by Proclamation, from time to
and revive this
Ordinance. time suspend, and from time to time revive, this Ordinance, or any portion thereof ;
and subject thereto, this Ordinance shall come into force at the time of the passing
thereof, and shall so henceforth continue.
Forms of night 2. Printed forms of passes shall be provided by the Superintendent of Police
passes to be
provided, sealed, -
according to the form following, that is to say :
and issued, by
the Superinten
dent of Police.
"This is to certify, that the bearer hereof [name ] is authorized to pass
' and repass during the night season from and to the house of [employer's
' name] in [ street or road ] Victoria, during the period of days from the
' date hereof. Dated this day of A.D. , 1857.
' [Seal] (Signed) A.B. , Superintendent of Police.'
which forms shall bear Her Majesty's Arms, and be sealed with the Police Office seal ;
and shall be from time to time issued by the said Superintendent to such of the
occupiers of the several houses within Victoria, for use, as he shall find to be fit and
proper persons to receive and use the same, and according to the wants of such
occupiers : yet so as that no Chinese occupiers shall receive or hold more than one such
form at any one time ; and that no further issue of forms be made to any occupier but
upon his delivering up or proving the loss or destruction of those whereof he was
previously the holder. [ Repealed by Ordinance No. 14 of 1870.]
Blanks to 3. Every occupier using or allowing to be used any pass, shall first fill up or
be filled up by
the occupier. cause to be filled up the blanks therein according to the truth of the case ; and he
shall not use nor allow to be used any pass except in conformity with the facts thereby
Fenalty. appearing ; and every offence against this section shall be a misdemeanor. [ Repealed
by Ordinance No. 14 of 1870.]
Power to rescind 4. The Superintendent of Police is empowered from time to time to call in and
passes.
rescind any pass previously issued by him, whether the times for which they were
issued shall have then expired or not ; and any person wilfully disobeying any such
call shall be guilty of a misdemeanor. [ Repealed by Ordinance No. 14 of 1870. ]
Penalty for not 5. Any Chinaman found at large elsewhere than in his own habitation between.
having a light
pass. the hours of eight in the evening and sunrise, and not having a pass duly issued
and made out in conformity with sections 2 and 3 of this Ordinance, shall be
summarily punished by any Justice of the Peace for every such offence, either by a fine
not exceeding fifty dollars nor less than fifty cents, or by imprisonment and hard
labour for a term not exceeding fourteen days nor less than one day, or by public
ORDINANCE No. 9 of 1857. 385
Peace ofthe Colony.
whipping or public exposure in the stocks , yet so as that no such offender shall receive
more than twenty blows, or be exposed for more than two hours, for any one offence.
Amended by Ordinance No. 6 of 1858 :- Proviso added by Ordinance No. 9 of 1864.
Repealed by Ordinance No. 14 of 1870.]
6. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or Power to arrest
and keep
without warrant, any person whom he shall reasonably suspect to be an emissary or suspected emis
saries or abettors
abettor of Her Majesty's enemies, or of pirates, or of Chinamen disaffected to Her of enemies, & c.
Majesty's Government, or otherwise dangerous to the peace and good order of this
Colony, and him safely keep until he can be dealt with according to law.
7. His Excellency in Council may by order under his hand, prohibit any person Power to deport
for five years.
not being a natural born or naturalized subject of Her Majesty, from residing or [See Ords. No. 7
of 1870 & No. 4 of
being within this Colony during any space of time not exceeding five years ; [ and (if 1871.]
such order shall not be obeyed by the said person ) then may, by some other order also under
the hand of His said Excellency, authorize and direct the arrest and imprisonment of such
person without bail or mainprize, and for his deportation (being so arrested and imprisoned)
beyond the limits of this Colony, in which deportation force may be used if need be for the
purposes thereof, and if by the said last mentioned order it be so expressed. Repealed by
Ordinance No. 4 of 1871 and words substituted. ]
8. Every person whomsoever required by the Superintendent of Co -operation
with Fire
Police to co -operate with any Fire Brigade , whether consisting of Brigades.
[See Ord. No.
Volunteers or not, so that the same be approved by His Excellency, or 4 of 1868. ]
in the working of fire engines, or in the suppression of fire, shall be bound
to obey such requisition under the penalty, for every case of disobedience,
of not less than ten dollars nor more than fifty dollars, to be imposed by
any Justice of the Peace, [ or ( if such Justice shall think fit and the offender
shall be a Chinaman) ofnot more than fifteen blows nor less than five blows.
Repealed by Ordinance No. 5 of 1880. ]
9. Sections 3 to 8, both inclusive, of the expired Ordinance No. 1 of 1855, are Ordinance No. 1
of1855 (sections 3
hereby revived and made perpetual. to 8) revived and
made perpetual.
10. Division 8 of section 3 of Ordinance No. 14 of 1845 is hereby amended, by Ordinance No. 14
of 1845 (section
expunging the words ' one hundred and fifty,' and inserting the words ' three hundred ' 3, division 8)
ainended.
in the stead thereof.
11. If any Chinaman, not being the holder of a night pass, shall carry abroad with Chinamen not
holding passes
him, whether by night or day any deadly weapon whatsoever, he shall be guilty of a shall not carry
armis.
misdemeanor. [ Repealed by Ordinance No. 14 of 1870.]
12. All acts done or attempted before the passing of this Ordinance, and which Indemnity for
past acts.
would have been lawful if so done or attempted after the passing thereof, are hereby
authorized and made valid, and no man shall at any time hereafter be called in question
for or in respect of the same.
[Except section 8 all, not previously repealed, repealed by Ordinance No. 8 of
1882.]
386 ORDINANCE No. 10 of 1857 .
Supreme Court- Summary Jurisdiction.
No. 10 of 1857.
Title. An Ordinance to amend Ordinance No. 3 of 1849.
[ 23rd October, 1857. ]
Preamble. THEREAS it is expedient to alter and amend that portion of Ordinance No. 3 of
W "1849, by which defendants arrested and taken in execution under the process
of the Supreme Court of Hongkong, sitting in its summary jurisdiction, for sums
exceeding the amount of one hundred dollars, are debarred the benefit of the fourteenth
section of Ordinance No. 9 of 1845 : Be it therefore enacted and ordained by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council
➖➖
thereof, in manner following , that is to say :
Persons impri 1. Every defendant who shall be arrested and taken in execution under the process
soned under
process of the
Court for suins of the said Supreme Court, sitting in its summary jurisdiction, and in whose case the
from one to five
hundred dollars, debt or damages decreed or ordered shall exceed the sum of one hundred dollars, but
not to be impri
soned for a shall not exceed the sum of five hundred dollars, shall and may be imprisoned in the
longer term than
twelve months.
prison of the said Court at the discretion of the Chief Justice of the said Supreme
Court, for any term not exceeding twelve months, unless before the expiration of such
term the order or decree of the said Court shall have been satisfied ; and in case such
order or decree shall not be satisfied at the expiration of such term , then such defendant
shall be discharged from such prison ; but it shall be lawful for the complainant, at
any time after such order or decree, to take out fresh execution against any estate or
effects which such defendant may have become possessed of or entitled to , until such
order or decree shall be fully satisfied.
Expenses of 2. Whenever any such defendant as aforesaid shall be arrested and taken in
keeping such
debtors to be execution under such process as aforesaid, the complainant, at whose suit he shall be
defrayed by the
parties at whose
suit they are so arrested and taken in execution , shall pay such expenses as may have been incurred
arrested.
in and about the maintenance of such defendant, in such prison as aforesaid, not
exceeding the rate of twenty-five cents per diem ; and the amount of such expenses
shall be a debt due to the Crown, and shall be suable for and recoverable by the Governor
of the gaol for the time being.
Ordinance not to
apply to debtors 3. Nothing in this Ordinance shall be construed or taken to extend or apply to
who have
incurred the debt any defendant, who shall have contracted the debt or become liable to the damages for
by fraud or
breach oftrust, which the decree or order of the said Supreme Court shall have been given against him,
&c.
or any part thereof, by reason of any manner of fraud, or breach of trust, or without
reasonable probability at the time of contracting the same of being able to pay the
same, or who shall have voluntarily done or suffered any act whereby his goods shall
have been taken in execution, or shall have voluntarily made or done any assignment,
deed, act or thing, with intent to delay or defraud the complainant, at whose suit such
decree or order shall be given against him or any other of his creditors.
Ordinance to 4. This Ordinance shall extend to persons now in prison under Ordinance No. 3
extend to persons
now in prison. of 1949.
[ Repealed by Ordinance No. 7 of 1862.]
ORDINANCE No. 11 OF 1857. 387
Emigration Passage Brokers.
No. 11 of 1857.
An Ordinance for Licensing and Regulating Emigration Passage Brokers. Title.
[ 3rd November, 1857. ]
HEREAS it is expedient to amend existing legislation with reference to Preamb e.
W e.nigrants : Be it enacted and ordained by His Excellency the Governor of
Hongkong, by and with the advice of the Legislative Council thereof, as follows :
1. From and after the passing of this Ordinance, no person shall act as a passage No person to act
as a passage
broker without
broker or in procuring passengers, for or in the sale or letting of passages in any having entered
into a bond and
emigrant ship, unless he shall, with two sufficient sureties to be approved by the obtained a
licence.
Emigration Officer, have entered into a joint and several bond in the sum of five
thousand current dollars to Her Majesty Her Heirs and Successors, according to the
form contained in schedule A hereunto annexed , which bond shall be renewed on each
occasion of obtaining such licence as hereinafter mentioned, and shall be deposited
with the Emigration Officer ; nor unless such person shall have obtained a licence to
let or sell passages, nor unless such licence shall be then in force ; and where different
members of the same firm act as passage brokers, each person so acting shall comply
with the terms of this section.
2. Any person wishing to obtain a licence to act as a passage broker, shall make How passage
broker's licences
application for the same to the Emigration Officer, and the Emigration Officer is may be obtained.
hereby anthorized (if he shall think fit) to grant such licence according to the form in
schedule B hereunto annexed : Provided always, that no such licence shall be granted
unless such bond as hereinbefore mentioned shall have been first entered into : Provided
Powerto Justices
also, that any Justice or Justices of the Peace who shall adjudicate on any offence to order licences
to be forfeited.
against this Ordinance, are hereby authorized to order the offender's licence to be
forfeited, and the same shall thereupon be forfeited accordingly ; and the said Justice
or Justices making such order shall forthwith cause notice of such forfeiture, in the
form contained in the schedule C, hereunto annexed, to be transmitted to the
Emigration Officer, and such forfeiture shall be exclusive and independent of any other
punishment which may be inflicted upon such offender under the provisions of this
Ordinance.
3. Every person obtaining such licence as aforesaid , shall pay to the Emigration Fee to be paid for
licences.
Officer a fee of two hundred current dollars, which fee the Emigration Officer is
hereby empowered and required to demand and receive upon the issuing of any such
licence ; and the said Emigration Officer shall pay over all such fees to the Colonial
Treasurer, to be applied to the Colonial revenue.
4. All such licences shall continue in force until the 31st day of December in the Howlong
licences are to
contin e in force.
year in which such licence shall be granted, and for fourteen days afterwards, unless
sooner forfeited as hereinbefore mentioned : Provided, that any licence granted before
the 31st day of December in the present year, shall continue in force till the 31st day
of December 1858, and for fourteen days afterwards.
388. ORDINANCE No. 11 or 1857 .
Emigration Passage Brokers.
Contract tickets 5. Every passage broker who shall or may receive money from any person, for or
for passages.
in respect of a passage in any emigrant ship , shall give to every such person a contract
ticket, under the hand of such passage broker, and stamped with his seal or trade
mark,—each ticket to be printed in a plain and legible type, according to the form in
the schedule D , hereunto annexed , and to be accompanied with a translation thereof in
the Chinese language, in plain and legible characters .
Passage brokers 6. Every such passage broker before he shall receive or take any money on
to produce to
Emigration
Officer certificate account of any such passage, or for the sale or letting of the whole or any part of the
that they have
chartered the accommodation of or in any emigrant ship proceeding from Hongkong, shall produce
ship for carrying
emigrants. to the Emigration Officer the certificate of the master or owner of the ship, in respect
of which such passage shall or may have been taken , or the accommodation in which
shall have been so sold or let, to the effect, that such ship has been chartered for the
purpose of carrying emigrants, and that he, such passage broker, is authorized to
receive payment for such passage, or for the sale or letting of the accommodation in
such ship ; and such certificate shall be filed in the office of the Emigration Officer, and
the contents, thereof entered in a book to be kept by the Emigration Officer, for
recording therein the contents of such certificates.
Passage broker 7. On every occasion of the delivery to any passenger of such contract ticket as
to attend before
Emigration aforesaid, the passage broker who shall have engaged to provide such passenger with
Officer for the
purpose of
delivering the a passage shall attend with him at the office of the Emigration Officer, in whose pre
contract tickets
to passengers. sence the contract ticket shall be delivered to such passenger, and who shall explain to
him the true intent and meaning of such contract .
Contract tickets 8. No person shall fraudulently alter or cause to be altered, after it is once issued,
not to be altered.
or shall induce any person to part with or render useless or destroy any such contract
ticket, during the continuance of the contract which it is intended to evidence.
Agents not to act
without written 9. No licensed passage broker shall, as agent for any person, whether a licensed
authority, and to
produce their broker or not , receive money for or account of the passage of any passenger on board
authority on
demand. an emigrant ship, without having a written authority to act as such agent, or on the
demand of the Emigration Officer, refuse or fail to exhibit his licence and such written
authority: and no person whether as principal or agent shall, by any fraud, or by false
representation as to the size of the ship or otherwise, or by any false pretence whatsoever,
induce any person to engage any passage as aforesaid.
Penalties for 10. All violations or disobediences of, or defaults in compliance with, the pro
offences.
visions of this Ordinance, shall be heard and determined summarily under Ordinance
No. 10 of 1844 ; and on conviction of such offences, the respective offenders shall be
sentenced to pay the several penalties, or in default of the payment thereof, to suffer
the several terms of imprisonment respectively hereinafter specified .
1. Against 1. For every offence against section 1 , a fine not exceeding four hundred
sec. 1.
current dollars, or imprisonment for a term not exceeding six months.
2. Against 2. For every offence against section 5, a fine not exceeding fifty current dollars,
sec. 5.
or imprisonment for a term not exceeding six weeks.
ORDINANCE No. 11 of 1857 . 389
Emigration Passage Brokers.
3. For every offence against sections 6 or 9, a fine not exceeding one hundred 3. Against
secs. 6 and 9.
current dollars, or imprisonment for a term not exceeding three months .
4. For every offence committed by a passage broker against section 7 , a fine 4. Against
sec. 7.
not exceeding one hundred current dollars, or imprisonment for a term
not exceeding three months .
5. For every offence against section 8, a fine not exceeding fifty current 5. Against
sec. S.
dollars, or imprisonment for a term not exceeding two months .
11. For the purposes of this Ordinance, the term " Emigrant Ship " shall mean
every ship carrying more than twenty passengers being natives of China, and clearing
out for a port or ports not in the Chinese Empire ; the term " Emigration Officer "
shall include every person lawfully acting as Emigration Officer, Emigration Agent, or
Protector of Emigrants in Hongkong ; and the term " Passengers " shall include all
passengers being natives of China.
SCHEDULES TO WHICH THE FOREGOING ORDINANCE REFERS.
SCHEDULE A.
Form of Emigration Passage Broker's Annual Bond, with two Sureties to be approved by the
Emigration Officer.
KwOW ALL MEN by these presents, that we 4* B of &c., C D of
&c ., and E F of &c., are held and firmly bound unto Her Most Gracious Majesty
Queen Victoria, in the sum of five thousand current dollars, to be paid to Her said Majesty,
Her Heirs and Successors ; to which payment well and truly to be made we bind ourselves, and
every of us jointly and severally, our heirs, executors, and administrators, and the heirs, execu
tors, and administrators of each of us, and each and every of them, firmly by these presents,
sealed with our seals.
Dated this day of in the year one thousand eight hundred and
WHEREAS by the " Ordinance for Licensing and Regulating Emigration Passage Brokers, No.
11. of 1857 , " it is amongst other things enacted ; that no person whatever shall carry on the business
of a passage broker in Hongkong, in respect of any emigrant ship, or shall be in anywise concerned in
the sale or letting of passages in any such ship, unless such person, with two good and sufficient sure
ties to be approved of by the Emigration Officer, shall have previously entered into a joint and several
bond to Her Majesty, Her Heirs and Successors, in the sum of five thousand current dollars : And
Whereas the said C.D. and E.F. have been approved of by the Emigration Officer as sureties for
the said A.B.
Now the condition of this obligation is, that if the above bounden A.B. shall well and truly observe
and comply with all the requirements of the said recited Ordinance, so far as the same relate to passage
brokers ; and further, shall well and truly pay all fines, forfeitures, and penalties, --and also all sums of
money, by way of subsistence money, or of return passage money, and compensation to any passenger,
or on his account,-and also all costs which the above-bounden A.B. may at any time be adjudged to
pay, under or by virtue of any of the provisions of the above recited Ordinance, or of the Act of the
Imperial Parliament 18th & 19th Victoria, cap. 104, entituled " An Act for the Regulation of Chinese
Passenger Ships ; " then, and in such case, this obligation to be void, -otherwise to remain in full force.
Signed, sealed, and delivered, by the above-bounden A.B. , C.D., and E.F. , in the presence of †
* Insert personal and family names in full, with the occupation and address of each of the parties.
† Insert the names and addresses in full of the witnesses.
390 ORDINANCE No. 11 OF 1857 .
Emigration Passage Brokers.
SCHEDULE B.
Form of Emigration Passage Broker's Licence.
A.B. of* having shown to the satisfaction of me, the undersigned, that he hath given
bond to Her Majesty, as by the " Ordinance for Licensing and Regulating Emigration Passage Brokers,
No. 11 of 1857, " required : I, the undersigned , do hereby license and authorize the said A.B. to carry
on the business of a passage broker in Hongkong, in respect of passengers on board emigrant ships
proceeding from Hongkong, until the end of the present year, and fourteen days afterwards, unless
this licence shall be sooner determined by forfeiture for misconduct on the part of the said A.B., as in
the aforesaid Ordinance is provided.
Given under my hand and seal this day of one thousand eight hundred and
Signature [L.S. ]
Emigration Officer.
The personal and family names in full of the person applying for the licence, with his address and trade or occupation,
must be correctly inserted.
SCHEDULE C.
Form of Notice to be given to the Emigration Officer of Forfeiture of a Licence.
SIR, -This is to give you notice, that the licence granted on the day of
18 ' to A.B. of* to act as an emigration passage broker, was on the day of
now last past duly declared by me (or us), the undersigned Justice (or Justices ) of the
Peace in Petty Sessions assembled to be forfeited †
Signatures
Place and date 185
To the EMIGRATION OFFICER,
Victoria, Hongkong.
* The personal and family names in full, with the address and trade or occupation of the party, to be here inserted.
Here state severally the reason of forfeiture.
SCHEDULE D.
Form of Contract Passage Ticket.
I hereby engage that the Chinese named at foot hereof shall be provided with a passage to, and
shall be landed at, the port of in " in the ship or vessel called the
66 ," with not less than 72 cubic feet and 12 superficial feet for berth accommoda
tion, and shall be victualled according to schedule A to the " Chinese Passengers Act, 1855," annexed,
during the voyage, and the term of detention at any place before its determination, for the sum of
dollars, and I hereby acknowledge to have received the sum of dollars in full
payment.
Male. Female.
Name of Passenger. Occupation. Native Place.
Age. Age.
Signature
Passage Broker.
Victoria, Hongkong, the day of 185
I hereby certify, that I have explained and registered the above contract passage ticket.
Signature
Emigration Officer,
Victoria, Hongkong, the day of 185
[ Repealed by Ordinance No. 5 of 1874, and see Ordinance No. 3 of 1874.]
ORDINANCE No. 12 OF 1857. 391
Venereal Diseases.
No. 12 of 1857.
An Ordinance for Checking the spread of Venereal Diseases . Title.
[ 24th November, 1857. ]
HEREAS it is expedient to make provision for checking the spread of venereal Preamble.
W diseases within this Colony : Be it therefore enacted by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. In the interpretation of this Ordinance, the following words or phrases shall Definition of
terms.
have the respective meanings hereby assigned to them, that is to say,
"Prostitute " shall mean any woman who shall live or reside in a registered
or a declared brothel.
"Declared Brothel " shall mean any house in which women live or reside ,
or which they frequent, for the purposes of prostitution, and which
shall in any judicial proceedings under this Ordinance be sworn or
deposed to be such by any two witnesses ; or which shall be declared to
be such, by the Registrar General.
66
' Registered Brothel " shall mean any house in which women live or are kept
for the purposes of prostitution, and which shall be certified to be such
in writing by the Registrar General, and which shall be entered and
numbered on a list or register of such houses to be kept by the Registrar
General.
2. From and after the passing of this Ordinance no person shall keep a brothel All brothels to be
registered, and
within the Colony of Hongkong, unless the same be registered , nor unless the same be to be within
certain districts.
within one or other of the following districts or portions of districts, namely, -Ha-wan,
from Spring Gardens eastward, -Sei-ing-poon , from the junction of Hollywood Road
and Queen's Road West westward, and Tai- ping -shan, except such parts of such
districts or portions of districts as face the Queen's Road ; and if any person shall be
convicted of keeping a brothel outside of such districts as aforesaid, or an unregistered
brothel within the same, such person shall, for the first offence, be sentenced to pay a
fine not exceeding one hundred current dollars, or to imprisonment, with or without
hard labour, for a term not exceeding three months, and for the second offence to pay Penalties.
a fine not exceeding two hundred current dollars, or to imprisonment, with or without
hard labour, for a term not exceeding six months, and for the third offence to pay a
fine not exceeding five hundred current dollars, or to imprisonment for a term not
exceeding twelve months : Provided always, that it may be lawful for the Magistrate
before whom such offender shall be brought to punish such offender both by fine and
imprisonment, or by one or other of such modes according to his discretion ; and Brothels may be
proceeded
nothing herein contained shall be taken to bar any person from indicting any brothel against as nui
sances.
whatsoever as a nuisance.
392 ORDINANCE No. 12 OF 1857.
Venereal Diseases.
Upon the third 3. Upon the occasion of any person being for the third time convicted of such
conviction for
keeping a brothel offence as is aforesaid , it shall be lawful for the Magistrate before whom such conviction
contrary to
provisions of this
Ordinance, Ma shall take place, by warrant under his hand, to remove all the inmates of the house
gistrate may
shut up the house wherein such offender shall have dwelt or resided, and to close up such house, and
in which the
same is kept. forbid the same to be reinhabited , unless he shall be satisfied that the same will be
occupied in a proper and legal manner, and not as a brothel within the meaning of this
Ordinance, if situated outside of the aforesaid districts, or, either as a registered
brothel, or in any other proper and legal manner , if within the said districts or any of
them ; and that every person reinhabiting such house, without a licence or permission
[ See Ord. No. 6 *
under the hand of the Chief or Assistant Magistrate, shall be liable to a penalty
of 1862.]
of not more than five hundred current dollars, or to imprisonment for a term not
exceeding twelve months.
Mode of proof
that a house is 4. The averment of two witnesses made on oath or by affirmation , * that any
a brothel.
house is occupied as a brothel, may be received as sufficient evidence of such fact ; and
[ See Ord. No. 2
of 1860.] any person who shall appear, act, or behave himself or herself as master or mistress, or
as the person having the care or management of any brothel, shall be deemed and
taken to be the keeper thereof, and shall be liable to be punished as such, notwithstand
ing he or she shall not, in fact, be the real owner or keeper thereof.
Registrar Gener 5. The Registrar General shall keep a register of all brothels, and shall enter in
al to keep a
register of
brothels, with such register the names of the keeper of each of such brothels, and also of the
names of
keepers, &c. immediate landlord or lessor thereof, also of the Crown lessee or tenant of the plot of
ground on which the same may be standing or built, and shall keep it corrected from
time to time, according as such keeper, immediate landlord or lessor, or Crown lessee
or tenant, respectively, may change, and according as any such house shall cease at
any time to be occupied as a brothel ; and shall furnish the Colonial Secretary with a
copy of such register, and shall inform him from time to time of such corrections as
may from time to time be made in such register as aforesaid.
Brothels declared 6. Whenever any house shall be, in the opinion of the Registrar General, a house
to be such bythe
Registrar Gener
al. in which women reside, or which they frequent for the purposes of prostitution, the
Registrar General shall forthwith declare such house to be a brothel, and shall give
notice to the immediate landlord or lessor thereof, or if such immediate landlord or
lessor cannot be found or ascertained , then to the Crown lessee of the plot of ground
on which the same be built, that such house has been declared by him to be a brothel,
and as such, comes within the provisions of the second and third sections of this
Ordinance ; and in case such immediate landlord or Crown lessee or tenant shall
dispute such declaration of the Registrar General, then the party so disputing such
Appeal. declaration shall have an appeal to the Chief or Assistant Magistrate, or to any two
Justices of the Peace sitting for either of such Magistrates, who are hereby empowered
to adjudicate on such appeals, and whose decision thereon shall be final.
Registered 7. Brothels registered under the provisions of section 5 of this Ordinance, shall
brothels to be
visited by certain be liable to be visited by the Registrar General, and by the Superintendent, Deputy
officers.
Superintendent, and Inspectors of Police, and by the Colonial Surgeon or other
ORDINANCE No. 12 of 1857 . 393
Venereal Diseases.
medical officer to be from time to time appointed under the provisions of this Ordinance ;
and the Registrar General and such several officers as aforesaid are hereby empowered
to visit and inspect the condition of such brothels ; and the Colonial Surgeon or such
other medical officer as aforesaid is hereby empowered and required to visit each one
of such registered brothels, and inspect and examine each one of the inmates therein
at least once in every ten days.
8. Every keeper, mistress, or manager of a registered brothel, shall once in every Keepers of
brothels to
furnish the Re
week furnish the Registrar General with a true report of the condition of health of gistrar General
with weekly lists
each and every of the inmates of the same. of inmates, &c.
9. In every registered brothel there shall be kept suspended, in some public place, Lists of inmates,
&c. to be kept
a board, containing , in the English and Chinese languages, a list of the names and ages suspended in
each brothel.
of the inmates then resident in the house, and such list shall be altered from time to
time according as any inmate may be absent therefrom, either by reason of leaving
such house altogether, or of being removed therefrom either to gaol or hospital under
the provisions of this Ordinance.
10. Any brothel keeper or prostitute who shall offer any obstacle to, or refuse to Penalty for
offering any
obstacle to visits
admit such Registrar General, Superintendent, or Inspector of Police, for the purpose ofproper officers
&e.
of making such inspection as aforesaid , or shall refuse to submit to such inspection or
examination by the Colonial Surgeon or such other medical officer as aforesaid, or shall
furnish a wilfully false report of the condition of health of the inmates as is herein
required, or shall not keep suspended such list of such inmates, and keep the same
altered or corrected from time to time as is herein required, as the case may be, shall
for each offence be liable to a penalty of not more than one hundred current dollars ,
or may be imprisoned with or without hard labour for any time not exceeding three
months.
11. Every prostitute, or inmate of a registered brothel, who shall be at any time Women affected
with anyvenereal
declared by the Colonial Surgeon or such other medical officer as aforesaid to be disease to be
removed to
affected with any venereal disease, shall be, by order of the Registrar General given hospital.
under his hand, removed to such hospital as shall be built or set apart for women
affected with venereal diseases, under the provisions of this Ordinance, and such
prostitute shall be kept under the control of the medical officer of such hospital, and
shall not leave or attempt to leave the same until properly discharged as cured by such
medical officer ; and on every occasion of discharging any such prostitute from the
said hospital as cured the medical officer so discharging such prostitute shall give her
a certificate under his hand of having been so discharged, which certificate, should such
prostitute return to a brothel, is to be produced and shown to the Registrar General,
or to the Superintendent or Inspectors of Police, whensoever the production of the
same shall be by him or them demanded ; and any prostitute who shall during her
continuance in such hospital refuse to submit to or obey the directions of the medical
officer thereof, or shall leave or attempt to leave the same until she be properly
discharged as cured as aforesaid, shall be liable to be imprisoned with or without hard
394 ORDINANCE No. 12 of 1857 .
Venereal Diseases.
Expenses of any labour for any time not exceeding three months ; and the expenses which may be
woman while in
hospital, to be incurred in and about the maintenance and treatment of any such prostitute in such
paid by the
keeper ofthe
brothel whence hospital shall be a debt due to the Crown, and shall be paid by the keeper of the
such woman shall
have been brothel of which such prostitute shall have been an inmate, or from which she shall
removed.
have been so removed , and the same in case of non-payment shall be sued for and
recovered by the Registrar General.
Prostitutes in 12. If any prostitute labouring under a venereal disease shall, to the satisfaction
fecting healthy
persons liable to of the Chief or Assistant Magistrate, be proved to have infected any person with such
punishment.
disease, such prostitute, on conviction thereof, shall be punished by imprisonment
either in gaol or hospital for a term not exceeding three months , and the keeper of the
brothel in which such prostitute shall be found shall in every such case be fined a
penalty not exceeding two hundred current dollars.
Every keeper of 13. Every keeper of a registered brothel shall pay to the Registrar General or
a brothel to pay
a monthly sum . his collector the sum of four current dollars per mensem, which the Registrar General
is hereby empowered to demand and collect, and all such sums are to be paid by the
Registrar General into the Colonial Treasury.
Monies collected 14. All monies collected under or by virtue of sections 13 and 19 are to be appro
by way offees
under this priated to the formation of a general fund for the purposes of this Ordinance, out of
Ordinance to go
to the formation which a monthly sum (to be fixed by His Excellency in Council) is to be paid to the
of a general fund
for the purposes Colonial Surgeon, or to such other medical officer as may be from time to time
of the Ordinance .
appointed for the purposes of this Ordinance, under the provisions of section 7, as his
Pay ofthe Co remuneration for performing the duties required or imposed by this Ordinance ; and
lonial Surgeon or
other medical the said Colonial Surgeon, or such other medical officer as aforesaid, is hereby em
officer appointed
under this powered (with the sanction of His Excellency the Governor) to nominate or appoint a
Ordinance.
deputy or assistant, being a person properly qualified to act for him, in case be shall
be at any time incapacitated or unable to perform such duties , or any portion of them.
Keepers of 15. Every keeper of a registered brothel shall be allowed, upon giving notice
brothels may
employ con thereof to the Superintendent of Police, and obtaining his authority, to employ a
stables specially
for their protec
tion, &c. constable for the protection of, and the preservation of order in such brothel, such con
stables to be under the control of, and responsible to, and to be paid by, the Superin
tendent of Police, and to wear a uniform to be chosen for the purpose, but to be solely
employed about the protection of the brothel by the keeper of which each of them is
Such constables employed ; and every keeper of a brothel so employing such special constable as afore
to be under the
control, &c. of said shall pay quarterly in advance to the Superintendent of Police, a sum sufficient to
the Super
intendent of
l'olice. cover the expenses which may be incurred in payment of the wages of and providing
the uniform for such constable, and such sum shall in case of non-payment be sued for
and recovered by the Superintendent of Police.
A hospital for 16. A hospital shall be built , or premises in the first instance hired, exclusively
women to be
built. Provisions
for renting for the reception and treatment of women affected with venereal diseases , the cost of
suitable premises
in the meantime renting such premises to be defrayed out of the fund to be raised under sections 13 and
until such
hospital shall be 19, and the remainder of the monies which shall from time to time be collected under
buit.
the said sections, over and above such sums as shall be applied in payment of the
ORDINANCE No. 12 OF 1857. 395
Venereal Diseases.
Colonial Surgeon, or such other medical officer as aforesaid, and in payment of the
expenses of renting and maintaining such premises as aforesaid , shall go and be applied
to the formation of a fund for the purpose of building, fitting up, and maintaining such
hospital, and enlarging the same from time to time as may be required ; and all fees
directed to be levied and paid by section 13, in case of non-payment, shall be sued for
and recovered by the Registrar General, who shall pay the same into the Colonial
Treasury.
17. Every keeper of a licensed boarding house for seamen shall furnish to the Keepers of
licensed
Harbour Master, once in every week, a list of seamen then resident in his house, and boarding house
to furnish the
Harbour Master
shall report in such list as to the state of health of each seamen so far as he may be able with weekly lists
of the seamen
to ascertain the same ; and every seaman who may be reported or may be otherwise resident in their
houses.
discovered to be affected with a venereal disease, unless then under medical treatment,
shall be removed by warrant under the hand of the Harbour Master to a hospital,
where he shall be kept until he be, by the medical attendants thereof, discharged as
cured, and shall have obtained from such medical attendants a certificate of his having
been so discharged , which certificate he shall produce and show to the Harbour Master
when required so to do ; and the expenses which may be incurred in and about the Diseased seamen
to be removed
maintenance and treatment of any such seaman in such hospital, shall be a debt due to to hospital.
the Crown, and shall be paid by such seaman ; or, in case ofthe keeper of the boarding
house in which such seaman shall have resided before his removal to hospital not
having reported, or having made a false report as to the state of health of such seaman,
then such expenses shall be paid by such boarding house keeper, in case it shall appear
to, and be certified by, the Colonial Surgeon or his deputy, or the medical attendants,
of the hospital to which such seaman may be removed, that the disease with which he
may be affected is of such a nature as that the keeper of the boarding house could , with
ordinary and reasonable observation, have ascertained its existence ; and in all cases
such expenses shall in case of non- payment be sued for and recovered by the Harbour
Master on behalf of the hospital.
18. If any seaman affected with a venereal disease, and reported so to be by the Penalty for
offering any
obstruction to
keeper of the boarding house in which such seaman may be residing, shall refuse or removalto
hospital, &c.
offer any hindrance or obstruction to his removal to hospital ; or, having been removed
to hospital, shall attempt to leave the same before he shall be properly discharged cured ;
or having been discharged cured, shall refuse to produce his certificate of discharge
when required by the Harbour Master or his deputy authorized to demand the same ;
or being affected with a venereal disease, shall neglect or refuse to inform the keeper of
the boarding house in which he may be residing, then, and in every such case, such
seaman so offending shall be liable to a fine not exceeding twenty-five current dollars,
or to imprisonment, with or without hard labour, for any time not exceeding one month.
19. The master of any merchant ship, before shipping any seaman, may require Masters of ships
before shipping
that such seaman shall be inspected by the Colonial Surgeon or other medical officer seamen may
require that they
be inspected.
who may be appointed for such purpose in connection with the Harbour Master's
Department, and who is hereby required to attend at stated hours in the forenoon and
396 ORDINANCE No. 12 OF 1857 .
Venereal Diseases.
afternoon of each day at the Harbour Master's Office for the purposes of such inspec
tion ; and the Colonial Surgeon or such other medical officer upon such inspection is to
give a certificate under his hand as to the state of health of such seaman, which certi
ficate such seaman is to produce and show to the master of the ship in which he may
be about to serve ; and for every such certificate there shall be paid the fee of fifty
cents, to be paid by the master or agent of the ship in case such seaman should prove
to be in sound health, and by the seaman himself or the boarding house keeper with
whom he shall be residing in case he shall prove to be affected with any venereal
disease ; such fee to be received by the Harbour Master, and in case of non -payment to
be sued for and recovered by him, and paid into the Colonial Treasury for the purposes
of this Ordinance.
Imprisonment 20. In all cases where punishment by imprisonment shall be inflicted under this
may be either in
gaol or hospital.
Ordinance, such imprisonment may be either in gaol or in hospital, and may be either
with or without hard labour as the Court shall adjudge.
From whom fines 21. In all cases in which fines shall be imposed under the provisions of any sec
may be
recovered.
tion of this Ordinance, and the brothel keeper on whom such fine shall be imposed
shall be unable to pay or discharge the same, then the same shall be recovered from
the immediate landlord or lessor of such house ; and in case such landlord or lessor be
not known or cannot be ascertained, then from the Crown lessee of the plot of ground
on which such house may be erected or built, provided it be proved to the satisfaction
of the Magistrate, that such Crown lessee was cognisant of the purposes for which such
house shall have been let or occupied .
No trade to be 22. No house in which any trade or business shall be carried on shall be registered,
carried on in any
brothel.
or be capable of becoming a registered brothel under the provisions of this Ordinance.
Monies raised 23. No monies which shall be raised under the provisions of this Ordinance by
under this
Ordinance to be
applied solely to way of any fee shall at any time be applied or applicable to any purposes other than or
the purposes of
the Ordinance. different from the specific purposes for which the same are to be raised , and to which
they are to be applied under the provisions of this Ordinance.
Power to Gov 24. His Excellency in Council is hereby empowered from time to time to make
ernor to make
bye-laws and
regulations. such regulations and bye-laws as may be deemed necessary for carrying into effect the
provisions of this Ordinance, and for the regulation and control of registered brothels
within the aforesaid districts.
Penalties how to 25. All cases arising under this Ordinance shall be tried and adjudicated by, and
be recovered.
all fines and penalties herein mentioned, and all sums herein declared to be recoverable,
shall be sued for and recovered before, any Magistrate of Police, either singly, or any
two or more Justices of the Peace in the manner provided by Ordinance No. 10 of 1844,
entituled "An Ordinance to regulate Summary Proceedings before Justices of the Peace,
and to protect Justices in the Execution of their Duty."
[ Repealed by Ordinance No. 10 of 1867.]
ORDINANCE No. 1 of 1858 . 397
Criminal Procedure .
No. 1 of 1858.
An Ordinance for Criminal Procedure .
[ 11th January , 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with
BE the advice of the Legislative Council thereof, as follows :
1. All statements which need not be proved shall be omitted from informations Unnecessary
statements for
and indictments, and the substance of every charge shall be therein expressed without bidden.
prolixity.
2. Every information or indictment shall continue to be signed as heretofore, but Forms of inform
ation ;
shall, with such modifications as may be necessary to meet the facts of each case, be in
the following form as near as may be :
"The Attorney General charges A.B., with the murder of C.D. , [or with
having robbed, or stolen from the person of C.D. , or with a burglary in
a dwelling- house, or as the case may be] at E, on the day of
18 :
And if there be more than one count, then the second, and every subsequent count, and second
counts.
if any, shall, with the like modifications, be in the following form as near as may be :
' And also with piracy in making a revolt on board of the vessel F, or as the
case may be, [or setting fire to a dwelling -house, or as the case may be, ] at
E aforesaid [ or as the case may be] , on the day and year last aforesaid
[or as the case may be]' .
3. It shall not be competent to any prisoner or defendant to object by demurrer Demurrers or ob
jections for lack
to any information or indictment, except upon the ground that the same doth not set ofform not to be
allowed.
forth a sufficient charge in law; and upon the hearing of every such demurrer, and
also upon any application to arrest judgment, the Court shall, without regarding any
mere imperfection , omission , defect, or lack of form, determine the very right or
matter in law, according as the same shall appear unto the said Court, and give
judgment accordingly.
4. Save as by this Ordinance is provided, the rules of pleading and practice in Existing rules of
pleading and
criminal cases shall continue to be observed as the same existed at the time of the practice.
Provision for
passing hereof: And no Ordinance hereafter to be passed for extending to this Colony farther extension
of Criminal Sta
tutes to this
any Imperial Enactment relating to crimes or offences, shall be interpreted to repeal Colony,
or vary any of the provisions of this Ordinance, unless the intention to repeal or vary
the same be expressed in such future Ordinance.
[ Repealed by Ordinance No. 3 of 1865.]
398 ORDINANCE No. 2 OF 1858.
Prepared Opium.
[See Ord. No. 1 of No. 2 of 1858 .
1879 and No. of 8
1883.]
Title. An Ordinance for licensing and regulating the Sale of prepared Opium .
[ 17th March, 1858. ]
Preamble.
E it enacted and ordained by His Excellency the Governor of Hongkong, with
B the advice of the Legislative Council thereof, as follows :
Repeal of Ordi 1. The whole of Ordinance No. 3 of 1845 , and also so much of Ordinances No. 5
nance No. 3 of
1845, and ofparts of 1845 , and No. 4 of 1853, as relate to smoking divans, or to opium, bhaang, ganja,
of Ordinances
Nos. 5 of 1845,
and 4 of 1853. paun, betel, or betel-leaf, and all regulations of the Governor in Council in anywise
relating to the premises or any of them, are hereby repealed.
The opium 2. His Excellency the Governor in Council may grant unto any persons, for such
privilege to be
sold to the
highest bidder, if considerations, and upon such conditions, and for such terms or periods, and in such
the Governor in
Council think fit. form as from time to time shall be by His said Excellency in Council regulated and
determined, and also previously notified to the public in the Hongkong Government
Gazette, the sole privilege of boiling and preparing opium, and of selling and retailing
within the said Colony, or the waters thereof, opium so boiled or prepared : And such
privilege may from time to time be granted to the highest bidder, to be ascertained
either by public auction or by tender, to be made in pursuance of notice to be published
in the said Gazette to that effect : But every such bidder shall, before he is declared
the purchaser of the said privilege, give bond, with sureties, in the sum of ten
thousand current dollars at the least, to the satisfaction of His said Excellency in
Council, for the due performance of the conditions of the said privilege , and of his
stipulations in respect thereof.
Who may grant 3. The person, if any, actually holding any such privilege, or in default of any
licences .
such person, His Excellency in Council, is hereby empowered to grant licences to all
proper persons , authorizing them to boil and prepare opium, and to sell and retail
opium so boiled and prepared ; but such licences shall be granted subject to such
conditions as shall from time to time be by His said Excellency in Council regulated
and previously notified in manner aforesaid ,
Default in 4. If the consideration money for any such privilege, or any instalment thereof,
payment and
resale.
be not paid within one month next after the day appointed for the payment thereof,
the said privilege shall become and be absolutely null and void ; and, over and above
all other such liabilities as are hereinbefore or hereinafter created, the person making
default in such payment shall thereupon become and be liable to make good to the
Government, all losses or expenses incurred by or by reason of such default, or any
resale or regrant of such privilege, which His said Excellency in Council may there
upon make, and to make which he is hereby authorized.
Other dealings 5. From henceforward , no person not holding any such privilege or licence, or
forbidden.
save as he may be by such privilege or licence in that behalf authorized, shall, within
this Colony or the waters thereof, boil or in any way prepare opium, or sell, retail, or
offer or expose for sale or retail, any boiled or prepared opium ; yet so that no medical
ORDINANCE No. 2 of 1858. 399
Prepared Opium.
practitioner, chemist, or druggist, not being a Chinaman, or (being such) not having
an European or American diploma, shall be prevented from preparing or selling opium
bona fide for medicinal purposes, the burthen of proof whereof shall be upon any person
alleging the same in his defence.
6. Persons employed in any department of the Public Service and their families, Persons employ
ed in the Public
and persons in the employment of them, or of any of them, are disqualified from Service disquali
fied.
becoming or being in any way possessed of, or directly or indirectly interested in , any
privilege or licence under this Ordinance, or the profits thereof, whether at Law or in
Equity, and whether in their own right respectively, or in the right of another ; and
from suing for or in respect of, or in any way enforcing, the same.
7. It shall be the duty of every person selling or retailing prepared opium under Certificate of sale
to be given to
this Ordinance, to deliver therewith a sealed certificate, specifying the amount so sold ; purchaser.
which certificate shall be evidence of the facts therein stated, and shall not be
transferable. [ Amended by Ordinances No. 7 of 1879 and No. 4 of 1883, and see Ordinance
No. 8 of 1883. ]
8. No person shall bring into this Colony, or the waters thereof, or [ (except in Prohibition in
other cases.
cases to which section 7 applies) Repealed by Ordinance No. 7 of 1879] have in his possession
or custody within the same, any prepared opium. [ Amended by Ordinance No. 7 of 1879. ]
9. Upon lawful evidence being first given to the reasonable satisfaction of a Power to issue
search warrants
uponlawful
Stipendiary Magistrate or the Superintendent of Police (duly constituted under Ordi evidence offacts.
nance No. 12 of 1844) , that any person within this Colony or the waters thereof hath
in his possession or custody any opium contrary to section 8, or any opium prepared,
sold, or retailed , contrary to this Ordinance, it shall be lawful for the said Magistrate
or Superintendent to issue a search warrant in that behalf, and under such warrant any
member of the Police Force may enter any tenement, place, or vessel, within this Colony
or the waters thereof, and search for, and (if found) seize and hold, subject to the order
of the Court hereinafter mentioned , any prepared opium within such tenement, place,
or vessel, and whereof no satisfactory explanation shall have been given by the person
aforesaid .
10. No regulations to be made under sections 2 and 3 shall be contrary to this Regulations to be
consistent with
Ordinance, or inconsistent therewith. this Ordinance.
11. The laws relating to nuisances, trespasses, and other torts, shall not be affected Nuisances.
by this Ordinance.
12. For the breach of any ofthe regulations to be so made and notified as in sections Penalties may be
awarded by His
2 and 3 mentioned, His said Excellency in Council is further empowered from time to Excellency in
Council for
time, to award and notify in the said Gazette all such penalties as shall be deemed breach of
regulations, and
all proceedings
reasonable, which penalties, when incurred, may be recovered and levied in manner and under the same
or this Ordinance
form provided by any Ordinance, for the time being in force, for regulating summary to be summary.
[* See Ordinance
proceedings for penalties before the Court of Petty Sessions in this Colony ; and No. 6 of 1862. )
likewise all violations or disobediencies of, or defaults in compliance with the
provisions of this Ordinance, or of any regulations made under the powers hereby
created or conferred , shall be heard and determined summarily in the like manner.
400 ORDINANCE No. 2 OF 1858.
Prepared Opium.
Penalties under 13. For every offence against the provisions of this Ordinance, not otherwise pro
this Ordinance.
vided for by any regulations to be made and notified in manner aforesaid by His said
Excellency in Council, and actually in force, there shall be recovered and levied in
manner aforesaid from , or imposed on , the offender in that behalf, the penalties follow
ing, that is to say :
For every first offence a fine not exceeding two hundred and fifty [ "five
hundred " as amended by Ordinance No. 7 of 1879] current dollars ; or
imprisonment for a term not exceeding three months, nor less than one
day.
And for every subsequent offence, a fine not exceeding five hundred [“ one
thousand " as amended by Ordinance No. 7 of 1879 ] current dollars ; or
imprisonment for a term not exceeding six months.
Informer to be 14. If any charge or complaint shall be preferred under this Ordinance, or under
paid one-half of
the pecuniary
penalty. any of the said regulations, by a person holding any such privilege or licence as
aforesaid, and upon the said charge or complaint the defendant thereto shall be
convicted , one-half of the pecuniary penalty (if any) imposed upon the defendant by
the Court, shall be awarded and paid to the person preferring such charge or
complaint ;-And likewise , (if the said charge or complaint were for any offence under
section 8), the whole of the prepared opium to which the same related shall be forfeited ,
and by the said Court adjudged and delivered to the person aforesaid . [ Repealed by
Ordinance No. 7 of 1879 and new section substituted. ]
Penalties for 15. In dismissing any charge or complaint under this Ordinance, on the ground
false charges.
of the same being false, or frivolous and vexatious, it shall be the duty of the Court to
impose upon the person bringing the same, any penalty not exceeding or other than the
penalty which the defendant, if convicted upon such charge or complaint, would
have incurred ; over and above all penalties, (if any) , which the said person may
have likewise incurred in respect of his said charge or complaint, or of his evidence in
support thereof, under Ordinance No. 7 of 1857, sections 6 and 7.
Penalties for
improper issuing, 16. Over and above all other liabilities or penalties to which by this Ordinance,
execution , &c.,
of search war or any other Law, any person shall become or be subject in respect of his suing out,
wants.
obtaining, issuing, or executing improperly, and without sufficient cause, any search
warrant under this Ordinance, the said person shall be further liable to the penalties
specified in section 13, to be enforced and levied as hereinbefore provided.
[ All repealed by Ordinance No. 1 of 1884. ]
NOTE. For opium privilege regulations of the 20th March, 1858, see Gazette, 23rd
of the same month.
For further regulations of 27th July, 1869, sec Gazette, 31st of the same month.
For conditions of licences of the 21st February, 1883, see Gazette of same date.
ORDINANCE No. 3 OF 1858 . 401
Supreme Court.
No. 3 of 1858.
An Ordinance for the Supreme Court.
[ 22nd March, 1858. ]
BE it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as
-
follows :
1. Causes, actions, and all proceedings whatever, may be heard, had, Proceedings
in term and
prosecuted, and determined , as well in term as out of term. out of term .
2. The ordinary ' sessions for the despatch of the criminal business of the said Criminal
sessions.
Court, shall begin on the eighteenth day of each month, in which such sessions are,
or shall be, appointed to be holden, or, if the said day shall be a dies non, then on the
first lawful day next following. [ Repealed by Ordinance No. 3 of 1865. ]
3. Except for the purpose of issuing writs, receiving petitions , or The Court,
&c., to be
completing any sessions, hearing, inquiry, or trial , actually commenced closed be
tween the
on or before the day next hereinafter mentioned , the said Court, and the 20th August
offices thereof, shall be closed from the evening of the twentieth day of September)
and 12th
October
August, [ " September " as amended by Ordinance No. 3 of 1859 ] in each (November).
year, and remain closed until the morning of the twelfth day of October,
[ " November " as amended by Ordinance No. 3 of 1859 ] then next
following .
4. It shall not be necessary to institute any proceeding on the Equitable
jurisdiction
Equity side of the said Court, for the purpose of bringing before the Court extended.
any equitable claim, defence, or question , incident or collateral to, or
arising out or in the course of, any proceeding on any other side of the
said Court ( except the Summary Jurisdiction thereof ) , or in aid of such
last-mentioned proceeding : But every such claim, defence, or question
may be so heard , and determined , on petition presented , or motion made,
and intituled respectively in such last- mentioned proceeding, or as the
Court shall direct : And in every such case the said Court shall have
the like power to direct inquiries, accounts, and other preliminary or
consequential matters, and to enforce its said directions, and to make
interlocutory or final orders and decrees in the premises respectively, as
in a suit or proceeding commenced by bill, petition , claim, case , or sum
mons, on the Equity side of the said Court.
402 ORDINANCE No. 3 OF 1858 .
Supreme Court.
Stay of pro
5. The said Court may stay proceedings instituted under section 4
ceedings in
such case. or in any separate suit or matter in Equity, if the said Court shall be of
opinion that the same ought not, or ( as the case may be ) ought to be
prosecuted under the said section : And it shall have power to impose
such terms, and give such directions upon such stay of proceedings with
respect to costs , admissions , or otherwise, as shall be deemed meet.
Inspection of 6. Applications for inspection under
documents. Ordinance No. 3 of 1852 ,
section 4, may be made at any time before trial or hearing.
Juries to consist 7. Whether in civil or in criminal cases, and whether in proceedings before the
of seven.
said Court , or before the sheriff, or a commissioner, or an officer of the same, every
jury (not being a Coroner's jury ) shall always consist of seven men , and the unani
mous verdict or finding of every such jury, or, where the case is not capital, of the
majority thereof, shall be in all cases final for all purposes soever . [ Repealed by Or
dinance No. 11 of 1864. ]
Applications 8. Where the matter in dispute between the parties to any action
in matters of
mere account consists wholly or in part of matters of mere account , which cannot be
to be made
within one conveniently tried in the ordinary way, it shall be the duty of the plain
day after
issue joined , tiff or his attorney , or ( in his or their default, ) for the defendant , or his
at latest.
attorney, to make such application as is provided by Ordinance No. 6 of
1855 , section 2 , to the Court or in Judge's chambers within one day
after issue is joined between the said parties at the latest.
Vesting order 9. The jurisdiction of the said Court to grant vesting orders of the
in case of
moveables, estate and effects of insolvent debtors , is hereby declared to extend to
wheresoever
locally situate. all their moveable property wheresoever locally situate ; yet so as that
the said debtors are themselves personally subject to the jurisdiction of
the said Court in respect of their insolvency .
Power to 10. Wheresoever it shall appear to the said Court (except when
increase or
decrease fixed sitting in its Admiralty jurisdiction ) , that allowances of any kind , as fixed
allowances.
by former enactments, ought generally or in any particular case to be
increased or decreased in proportion to the value of money within this
Colony, or the fluctuations thereof, or the difference of currency , it shall
be lawful for the said Court to authorize or direct the same respectively
to be so increased or decreased accordingly.
Powers of the 11. The provisions of section 10 shall be deemed to empower the
Taxing
Master said Court, likewise to authorize or direct the Taxing Master thereof
extended.
(but only in each particular case) to exercise the like discretion in the
ORDINANCE No. 3 OF 1858. 403
Supreme Court.
discharge of his own functions : And he is hereby further empowered ,
without such authority or direction, to make such allowances in taxation ,
as he may deem reasonable and fair, in respect of matters not expressly
provided for by Ordinance, or rule, or order of the Court, for the time
being .
12. In taxation of charges of attornies, solicitors , or proctors , for As to distance
and time in
their attendances, and of allowances of fees to counsel , distance and time. taxation.
shall be taken into account, and the same shall be computed respectively
from and back to the office, chambers , or residence of the practitioner ,
and from the time of departure thence to the time of return thither
respectively.
13. The fees payable to attornies, solicitors , or proctors in respect Uniformity
of fees
of drawing, copying, and engrossing documents shall be the same in certain cases .
every jurisdiction of the said Court , ( except the Summary and Admiralty
Jurisdictions thereof, ) and shall be ascertained and determined according
to the scale contained in the General Rule of the said Court of Michael
mas Term, in the eighteenth year of the Queen , dated the 31st day of
October, 1854 , --so far as the same can be thereunto applied by the Taxing
Master ; but the fees of Court in the said jurisdictions (except as aforesaid )
for copying or engrossing shall in no case exceed the rates provided by
the first schedule to the Ordinance No. 14 of 1856.
14. Except by consent, no cause or matter within the Summary Hearing and
postponement
Jurisdiction shall be set down for hearing before at least four clear days of cases in the
summary
from the service of the plaint, nor postponed unless at least twenty-four jurisdiction.
hours ' notice in writing thereof hath been first given to the Registrar :
And ( except by consent) it shall not be competent to the defendant to
enter into any special defence , exempli gratiâ , set off, illegality, want of
consideration, infancy , or the statute of limitations , unless at least twenty
four hours' written notice thereof hath been first given to the plaintiff or
his attorney .
15. All fees payable to the bailiff or under- bailiff of the said Court Bailiff's fees.
in the Summary Jurisdiction thereof, shall be henceforth evenly divided
between the said two officers , when and as the same shall be received .
16. All Crown fees payable under this or any Ordinance relating to Crown fees
and costs to
the Supreme Court, and all costs payable by or to the Crown (except in be payable in
dollars only.
Admiralty cases ) , shall be paid in current dollars only.
404 ORDINANCE No. 4 OF 1858 .
Appeals from Justices.
No. 4 of 1858.
An Ordinance for Summary Jurisdictions and Appeals to the
Supreme Court .
[ 22nd March, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as
follows :
"Justice " to 1. The word " Justice " in this Ordinance shall include every Court
include
"Court," and of Summary Jurisdiction , and whether of primary Jurisdiction or ap
Party to
include pellate, except the Supreme Court ; and the word " Party " shall include
"Crown."
Meaning of the Crown ; and the word " Appellant" shall mean the party applying
"Appellant"
and " Re under section 2 of this Ordinance ; and the word " Respondent " shall
spondent."
mean the opposite party.
Application 2. Within three [ " seven " as amended by Ordinance No. 8 of 1889 ].
may be made
within three clear days after the determination by a Justice of any suit, information ,
days to state
a case ; and or complaint, which he hath or shall have power to determine in a
must be
granted summary way, either party to the matter so determined may apply in
except it be
frivolous . writing to the said Justice, to state and sign a case setting forth the facts
of the said matter, and the grounds of the said determination , for the
opinion ofthe Supreme Court thereon ; which application the said Justice
is hereby required to grant, unless he have reason to believe that the
same is merely frivolous , ( in which case only he may refuse the same, )
and shall thereupon , upon receiving from the said appellant the Crown
fee of one current dollar, sign and deliver unto him a certificate of such
refusal ; yet so as that, if any such application be made officially by the
Attorney General, or under his fiat, the Justice to whom the same is
made shall be bound to grant the same, whatever may be his belief in
that behalf.
Recognisance 3. On the said application being granted , and before the said case
of appeal.
being stated and delivered by the said Justice, the appellant shall enter
into a recognisance before him , or any other Justice exercising the same
jurisdiction , with or without sureties , and in what sum to the said Justice
shall seem meet, conditioned to prosecute his appeal in that behalf, with
out delay and with effect, and to submit to the judgment of the said
Supreme Court, and pay such costs as may be awarded by the same ; and
Fces payable. the said appellant shall likewise, before the delivering of the said case,
ORDINANCE No. 4 oF 1858 . 405
Appeals from Justices.
pay, in respect of the said recognisance and case respectively, to the clerk
taking the said recognisance and delivering the said case respectively,
-:
the Crown fees according to the scale following , that is to say :
For the said recognisance, two current dollars .
For drawing and copying the case, if not exceeding five folios ,
of seventy-two words each, three current dollars.
If the case exceed the said five folios , then for every additional
folio, thirty cents.
4. If the appellant be in custody at the time of the taking of the Further con
dition in case
said recognisance, the same shall be further conditioned for his appear appellant is
in custody.
ance before the said Justice, or ( if that be unsuitable ) before some other
Justice , who shall be sitting and exercising the same jurisdiction , with
in ten days after the judgment shall have been given by the Supreme
Court on the said appeal, to abide the said judgment, unless thereby the
determination so appealed against shall have been reversed : And every
such appellant, upon entering into a recognisance so further conditioned
as aforesaid , shall be immediately liberated from such custody .
5. In case of the refusal of a Justice to state or deliver a case under If the Justice
refuses. the
this Ordinance, the appellant may, upon an affidavit of the facts, apply Supreme
Court may
to the Supreme Court for a rule calling upon the said Justice , and also rule a case to
be stated .
upon the respondent, to show cause why the said case should not be
stated or delivered ; which rule ( if granted ) may afterwards be made
absolute or discharged by the said Court, with or without payment of Costs.
costs by the said Justice or either party, as the circumstances shall re
quire; and if the same be made absolute, the said Justice shall , upon
being served therewith, and upon the conditions specified in sections 3
and 4 respectively being complied with, state and deliver a case accord
ingly.
6. Within three clear days after a case has been delivered to an Cases to be
transmitted ,
appellant under this Ordinance, he shall first transmit a copy thereof &c. , within
three days ;
with a notice in writing of his appeal to the respondent, and shall there and set down
four clear
upon transmit the said case to the Supreme Court, and the case when so
days before
transmitted shall be set down for argument in Court or in Chambers , by argument.
the Registrar of the said Court, at the request of either party, four clear
days before the day appointed for the said argument ; yet so as that
notice in writing of the same having been so set down be given by the
406 ORDINANCE No. 4 OF 1858 .
Appeals from Justices.
party so requesting, to the opposite party, four clear days before the day
so appointed .
Orders of the 7. The Supreme Court shall hear and determine every question of
Court shall be
-conclusive. law or fact, arising upon a case so set down , and shall ( according to the
circumstances thereof) affirm, amend, or reverse, the determination in
respect whereof the said case shall have been stated , or remit the matter
of such determination with the said Court's opinion thereon to the said
Justice , or make such other order with respect to the said matter, as
shall be requisite to the due adjudication thereof, or remit the said case
to him , with direction to make a new determination , or ( as the case may
be) to amend the same, and to return it to the said Court, within such
time as the said Court may direct, and shall postpone judgment thereon ,
until after the same shall have been so returned, and then shall deliver
judgment thereon accordingly, as to the said Court shall seem meet ;
and the said Court may likewise make all such orders with respect to
Costs. costs , as shall be deemed meet ; save that no Justice, who shall have
stated and delivered a case under this Ordinance, shall be liable to costs.
for or by reason of the same, or of the determination in respect whereof
the same shall have been stated .
Determina 8. The Laws relating to the enforcement by Justices or others, of
tions after
appeal may determinations of Justices not appealed against under this Ordinance,
be enforced.
shall extend to and be applied by Justices or others in the enforcement
of determinations affirmed , or amended , or made under this Ordinance ,
and also to the judgments of said Supreme Court, upon any appeals under
the same ; and all Justices shall be bound to conform themselves in the
premises to the directions, opinions, and judgments of the said Court.
Certiorari or 9. No certiorari, mandamus , or other writ, shall be requisite for
mandamus
not required. carrying into effect this Ordinance.
Forfeited re 10. The Laws for the time being in force with respect to the pro
cognisance.
ceeding upon recognisances forfeited before Justices or at sessions , shall
extend to all recognisances which shall be taken under this Ordinance,
and any of the conditions whereof shall not have been complied with ;
yet so as that, upon every such recognisance there shall be endorsed the
certificate of a Justice, stating in what respect the said conditions have
not been complied with, which certificate shall be deemed to be primâ
facie evidence of the forfeiture of the said recognisance.
ORDINANCES Nos . 4 AND 5 of 1858. 407
Appeals from Justices. Imperial Acts and Rules - Extension .
11. The Supreme Court shall have power ( with consent of the General rules
and orders of
Legislative Council ) to make and alter from time to time any general the Supreme
Court.
rules and orders of Court , for the better regulation of the practice and
proceedings under this Ordinance, and subject thereto and to this Ordi
nance the said practice and proceedings shall be regulated , so far as prac
ticable, by analogy to the practice and proceedings for the time being
observed in the Superior Courts of Law at Westminster, with respect to
appeals under the Act of Parliament of the twenty- first year of the Queen, 21 Viet . c. 43 .
chapter forty-three .
12. Henceforward the Summary Jurisdiction of Petty Sessions in cri Summary
convictions
minal cases shall not be ousted merely because the offence charged or for burgla
ries, &c.
proved shall amount to a burglary, housebreaking, breaking or entering (See Ord. No.
6 of 1862.)
a curtilage, stealing in a dwelling-house, shop, or curtilage , or stealing
from the person : Yet so as that it shall be the duty of the said Court and
of all Justices (where the offence is of an aggravated nature ) to commit
such offenders to the Supreme Court for trial.
NOTE.-This Ordinance is repealed by Ordinance No. 10 of 1890 as from 1st January,
1891, subject to Her Majesty's right of disallowance.
No. 5 of 1858.
An Ordinance for extending to this Colony certain Imperial Enactments ,
and certain Rules and Orders of the Superior Courts .
[ 22nd March , 1858. ]
E it enacted and ordained by the Governor of Hongkong, with the advice of the
ordained
BB Legislative Council thereof, the
byas Govern
follows :
1. The Acts and parts of Acts of Parliament, and the rules, orders, and regulations , Schedules of
Acts, rules, and
of the Superior Courts of Westminster, respectively specified in the schedules hereunto orders, extended.
annexed, are hereby extended to this Colony, subject to the provisions next hereinafter
contained.
408 ORDINANCE No. 5 OF 1858 .
Imperial Acts and Rules- Extension.
Courts and 2. The said extended enactments shall be so construed, as to enable the pro
officers here
may execute visions thereof to be executed and enforced by any Courts and officers respectively
the extended
-enactments.
(howsoever designated) , having or exercising the same or similar or analogous functions
to those belonging to, or exerciseable by, the Courts and officers respectively (howsoever
designated) to which the said enactments relate : And all powers vested in any Superior
Court, or Judge, or officer, by any of the hereby extended enactments , shall be deemed
to be hereby respectively vested in the said Supreme Court and its officers.
Courts of Probate 3. For the purposes of this Ordinance, the Supreme Court shall be deemed to be
and Divorce, &c.
the " Court of Probate," and " The Court of Divorce and Matrimonial Causes ;" and also
(in its Summary Jurisdiction ) a " County Court."
-Construction of 4. The sections of the Act of the twenty-first year of the Queen, chapter seventy
21 Vict. c. 77.
seven , numbered from fifty-four to sixty both inclusive, shall be read and construed as
though the value of one thousand dollars were substituted therein for the respective
values of two hundred pounds and three hundred pounds , therein expressed.
Special provision 5. Persons employed in the Police Force of this Colony, under the rank of
for Policemen.
Inspector , and dying here whilst so employed, shall not be deemed to be within the
meaning of the last two sections ; but the Superintendent of Police for the time being
is hereby constituted the Official Administrator of their estates, and required to get
in and administer the same with the sanction of the Colonial Secretary, and within
one month after the decease of any such person to certify the same, and the amount
in value of the estate and effects of such persons, by certificate under his hand to the
Registrar of the Supreme Court, for registry in the said Court of Probate.
Rules and Orders 6. All rules of Court, orders of Court, and tables of fees, made or published, or
and tables of fees
published by the to be made or published by the proper Courts in England , and in force there under the
English Courts.
enactments hereby extended, or any of them , may be recognized and adopted as ap
licable to this Colony by the said Supreme Court.
The like when 7. If the said Court shall make or publish any rules of Court, orders of Court, or
published by the
Supreme Court. tables of fees, under the said enactments , other than such as are mentioned in section 6
of this Ordinance , the same shall be laid before and approved by the Legislative Council
in the usual manner, before being carried into effect.
Repeal of 8. Sections 16 to 20, both inclusive, of the Ordinance No. 6 of 1845, are hereby
Ordinance No.
6 of 1815, ss. 16 repealed.
to 20.
THE FIRST SCHEDULE TO WHICH THIS ORDINANCE REFERS .
IMPERIAL ENACTMENTS.
Date ofthe Act. Title or Subject matter ofthe Act. Extent of operation intended to be hereby
given to the Act.
19 Vict. c. 117. | Principal Officers of the Ordinance. The whole of the Act.
20 Vict. c. 47. The Joint Stock Companies' Act, 1856. Sections 14, 28 to 31 , both inclusive ; 41 to 47,
both inclusive ; 53 to 57, both inclusive ;
the whole of part 3 and section 115.
ORDINANCE No. 5 OF 1858 . 409
Imperial Acts and Rules- Extension.
IMPERIAL ENACTMENTS,-Continued.
Date ofthe Act. Extent of operation intended to be hereby
Title or Subject matter ofthe Act. given to the Act.
21 Vict. c. 14. The Joint Stock Companies' Act, 1857. Sections 1 , 2 , 3, 11 to 21 , both inclusive ; 23 , 24
and 28.
21 Vict. c. 54. Punishment of frauds committed by The whole of the Act.
Persons intrusted with property.
21 Vict. c. 57. Reversionary interests of married Wo- The whole of the Act.
men in personal Estate.
21 Vict. c. 77. Probates and Letters ofAdministration. Sections 2 , 3 , 4, 21 to 38, both inclusive ; 40
42, 45, 53 to 91 , both inclusive ; 94, 95, and
96.
21 Vict. c. 85. Divorce and Matrimonial Causes. Sections 2 , 6, 7 , 13 to 26, both inclusive ; 33 to
54, both inclusive ; and 59, (except so far
as the said sections, or any of them, relate
to the dissolution of marriage).
THE SECOND SCHEDULE TO WHICH THIS ORDINANCE REFERS.
RULES, ORDERS, AND REGULATIONS , OF THE SUPERIOR COURTS OF LAW
AND EQUITY AT WESTMINSTER.
Extent of operation intend
Date ofthe Rule or Order. Subject matter of the Rule or Order. ed to be hereby given
to the Rule or Order.
Rule of Court, Michaelmas Term Writs issued under the Bill ofExchange The whole of the Rule.
1855. Procedure Act, 1855.
Orders of Court of 30th November, Decrees and Entries. The whole of the Orders
1855. 1, 2, and 3.
Rule of Court of the 8th May, 1856. | Service of Pleadings and Proceedings The whole of the Rule.
at Law.
General Orders of the 12th Novem- Business to be disposed ofat Chambers. The whole of the Orders.
ber, 1856.
The like of the 15th November, Leases and Sales of settled Estates. The whole of the Orders.
1856.
General Order of the 2nd February, Service of Writs and Proceedings in The whole of the Order.
1857. Equity.
Rule of Court of the 23rd April, Notice as to Costs endorsed on Writs of The whole of the Rule.
1857. Summons on Contracts under £20.
General Orders of the 18th July, Attachment and Sequestration. The whole of the Order 1.
1857.
Regulations of the 8th August, Conduct ofbusiness at Chambers. The whole of the Regula
1857. tions, except so far as
they require proceedings
to be printed .
[ Repealed by Ordinance No. 5 of 1860. ]
410 ORDINANCES Nos . 6 AND 7 OF 1858.
Peace ofthe Colony - Amendment. Licensing Public Houses, &c. —Amendment.
No. 6 of 1858.
An Ordinance to amend Ordinance No. 9 of 1857.
[ 27th March, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
BE advice of the Legislative Council thereof, in the manner following, that is to
say :
Power to alter The hours specified in section 5 of Ordinance No. 9 of 1857 may be, from time to
hours.
time, altered by His Excellency in Executive Council ; and every such alteration , when
so made, shall be forthwith notified, in English and Chinese, in the Hongkong Govern
ment Gazette .
[ Repealed by Ordinance No. 9 of 1864. ]
No. 7 of 1858.
An Ordinance for amending Ordinance No. 11 of 1844 .
[ 5th April, 1858. ]
E it ordained and enacted by His Excellency the Governor of Hongkong, with the
B
advice of the Legislative Council thereof, as follows :
Amendment of 1. Ordinance No. 11 of 1844 is hereby amended, by substituting the words "three
Ordinance No. 11
of 1814.
hundred current dollars," in the room of the words " fifty dollars," in sections 7 and 8
of the same : And also by omitting section 33 of the said Ordinance : And also by
inserting after section 25 of the same, the following new sections, to be respectively num
bered from 26 to 30 both inclusive, that is to say :
Chinese licences. "26. The foregoing provisions of this Ordinance shall not apply to Chinese
people licensed to retail spirituous liquors to Chinese people only.
Colonial Secreta "27. A licence to retail spirituous liquors for one year to Chinese people only
ry may grant
Chinese licences, may be granted to a Chinaman only by the Colonial Secretary, who shall
have first satisfied himself of the fitness of the said Chinaman, and that he
hath duly paid, as he is hereby required to pay, into the Colonial Treasury,
the first monthly instalment of the year's fee for the said licence.
$120 per annum "23. The said fee shall be one hundred and twenty current dollars per annum,
to be the licence
fee. payable in advance, by even monthly instalments.
Conditions of " 29. It shall be lawful for the Colonial Secretary to require, by way of con
the licence.
dition inserted in any such licence, that the holder thereof do exhibit
conspicuously and permanently in front of the place of business thereby
licensed, his name and number, and the nature of the said licence ; and also
ORDINANCE No. 7 OF 1858 . 411
Licensing Public Houses, &c.- Amendment.
(if it be thought fit) that he do make and send in to the said Colonial Se
cretary on the first day of every month of the said licence, a full and true
statement in writing of the names and quantities of spirituous liquors
prepared, sold , and retailed by him during the month then next immedi
ately preceding.
"30. If the holder of any such Chinese licence shall offend against the tenor Penalty thereof.
thereof, he shall, for the first offence, be liable to a fine not exceeding the
sum of one hundred current dollars ; and for a second offence, to the for
feiture of his said licence :"
And also by re-numbering the remaining sections of the same Ordinance, to the
end, beginning with section 26 which shall be re-numbered 31 and so on in due arith
metical order : And also by inserting in section 28 (re-numbered 33) , after the words
" two gallons ," the words " or (in the case of a Chinese seller or retailer) of any quan
tity of spirituous liquors. " And also by omitting so much of section 32 (re-numbered
37) as directs the recovery of fines and penalties before a Magistrate or Justices ; and
also by inserting after the said last -mentioned section the several new sections following,
to be numbered respectively from 38 to 40 both inclusive ; that is to say --
:
"38. No person shall keep a public billiard table, skittle ground, or ninepin or Billiard tables,
skittles, and
ninepin or Low
bowling alley, without having previously obtained a licence thereto from ling alleys.
the Colonial Secretary, which licence shall endure for one year from the
day of its date ; and for every such licence there shall be paid into the
Colonial Treasury, in advance, the fee of seventy-five current dollars.
"39. Any person keeping a table, ground, or alley, contrary to section 38 shall Penalty.
be liable, for every such offence, to pay a fine not exceeding the sum of
two hundred current dollars.
"40. All licence fees and instalments of licence fees payable under this Ordi Proceedings.
nance, and unpaid at the days or times appointed for payment thereof, and
also all fines, money penalties, and costs incurred under this Ordinance,
may be sued for, recovered , and enforced, according to any Law for the
time being in force for regulating summary proceedings before a Stipen
diary Magistrate or Petty Sessions ' Court ;" — ་
And also by inserting in the title of the same Ordinance after the words " Public Repeal ofOrdi
nances No. 4 of
Houses," the words " and certain games :" And Ordinances No. 4 of 1845, and No. 4 1845, and No. 4
of 1853.
of 1853, are hereby repealed.
2. This Ordinance shall come into effect forthwith, yet not so as to affect any Operation of Or
dinance .
licence heretofore granted , until the expiry there
3. In every reprinted copy of Ordinance No. 11 of 1844, the amendments herein Future reprints
of the amended
before specified in respect of the same, shall be made by the printer before publishing Ordinance.
the same : And it shall not be afterwards necessary to print or reprint this Ordinance .
NOTE.- This Ordinance is printed in small type as Ordinance No. 11 of 1844 has
been repealed.
412 ORDINANCE No. 8 OF 1858 .
Regulation of Chinese - Census.
No. 8 of 1858 .
An Ordinance for Regulation of the Chinese People, and for
the Population Census, and for other Purposes of Police .
[ 10th May, 1858. ]
E it enacted and ordained by His Excellency the Governor of
BE
Hongkong, with the advice of the Legislative Council thereof, in
manner following, that is to say :
Repeal ofOrdi 1. Ordinance No. 6 of 1857 is hereby repealed . [ Repealed by Ordinance No. 13 of
nance No. 6 of
1857. 1888. ]
CensusandRegis 2. The Census and Registration Office presently existing in Victoria shall, for
tration Office
established. the purposes of this Ordinance, be continued and established, together with the
Registrar General and other the officers and assistauts by whom the duties and business
thereof have been hitherto performed ; and also together with the classification
presently existing, in the books of the said office, of boats and vessels, for the purposes
of the schedule to this Ordinance. [ Repealed by Ordinance No. 13 of 1888. ]
Appointments of 3. The several persons now being the Registrar General, officers, and assistants,
officers.
of the said office, shall discharge the duties and business thereof in future at their
present salaries during His Excellency's pleasure ; and upon any vacancy, His
Excellency may from time to time nominate and appoint such person or persons to be
such Registrar General, officers, and assistants respectively, and at such salary and
salaries as to His Excellency shall seem meet, and also remove him or them at His
Excellency's discretion from time to time, and nominate and appoint another or others
in his or their room ; yet so as that Her Majesty's pleasure shall be taken as to every
nomination, appointment, and removal of a Registrar General, and as to every new
limitation of salary under the provisions of this section . [ Repealed by Ordinance No. 13
of 1888, and see section 3 of Ordinance No. 6 of 1866.]
Powers and 4. The Registrar General is, by virtue of his office, and for the execution of this
duties of the
Registrar Ordinance, and not otherwise, the Protector of Chinese inhabitants within this Colony,
General.
and as such is bounden to use his best endeavours to prevent the commission of crime,
and, if committed, to discover and apprehend the parties guilty thereof, and generally
to watch over and protect the said Chinese inhabitants ; and, for the purposes aforesaid
only, he is empowered to enter at any reasonable time or times, as he shall find meet,
any building soever within this Colony, or vessel or boat soever within the waters of
the same or adjacent thereto, if such building, vessel , or boat shall then have any
Chinaman within or on board of the same. [ Repealed by Ordinance No. 13 of 1888. ]
Duties of the 5. The other officers and assistants in the said Census and Registration Office
otherofficers and
assistants. shall be obedient and assisting unto the said Registrar General in the execution of this
Ordinance. [ Repealed by Ordinance No. 13 of 1888. ]
ORDINANCE No. 8 OF 1858. 413
Regulation of Chinese- Census.
6. The powers and authorities touching the direction and superintendence of the The Chief Magis
trate's authority
to devolve upon
Police Force, which by Ordinance 12 of 1844 were vested in the Chief Magistrate of the Superintend
ent of Police.
Police, are from henceforth vested in, and shall be exercised by, the Superintendent of
Police for the time being, constituted under the said Ordinance ; and obedience shall [See Ord. No. 9 of
1862.]
be rendered by the Police Force of this Colony to the orders of the said Superintendent
of Police and to all rules and regulations by him made or to be made with the
approbation of the Governor in Council ; and the Registrar General is hereby
empowered to require from the Superintendent of Police, or in his absence from the
officer acting for him , the services of such of the subordinate members of the Police
Force as he may deem necessary for the due execution of the duties of his office, and
the said Force when so required shall receive orders from the Superintendent of Police
or Inspector on duty, to obey the commands of the said Registrar General in the same
manner as those of the Superintendent of Police. [ Repealed by Ordinance No. 13 of
1888.]
7. Every person occupying a house, shall cause the number thereof to be continued Numbers to be
painted.
upon or painted and affixed to such house, in such wise as the Registrar General shall
direct. [Repealed by Ordinance No. 15 of 1888. ]
8. His Excellency in Council shall have power to approve for, and appoint to, the Power to elect
and appoint
office of tepo in any town, village, hamlet , and district, of this Colony, a proper person tepos.
to be presented unto him by the occupiers of Chinese houses therein , or ( in default of
such presentment) to be nominated by His Excellency in Council for that purpose.
[ Repealed by Ordinance No. 13 of 1888. ]
9. Every tepo shall have, throughout his town, village, hamlet , or district , but not Powers and
duties of the
further or otherwise, the same powers and authorities, and perform the duties of tepos.
constable, and, in that capacity, shall be immediately subordinate unto the Registrar
General, and shall conform to whatsoever lawful orders , rules , and regulations he shall,
with the approbation of His Excellency, frame and issue for the better ex ution of
their duties under this Ordinance. [ Repealed by Ordinance No. 13 of 1888. ]
10. The amount of the salary of each tepo shall be from time to time fixed by His Salaries of the
tepos.
Excellency in Council, and shall be paid out of the produce of the Police tax. [ Repealed
by Ordinance No. 13 of 1888.]
11. The hawking of goods or wares in the streets or roads of this Colony, without Unlicensed
hawking
a licence from the Registrar General, is hereby prohibited . [ Repealed by Ordinance prohibited.
No. 21 of 1887. ]
12. No licence for such hawking shall be granted by the Registrar General to any Conditions and
fees of hawking
person except subject to forfeiture on conviction of the holder of any offence before licences.
any Justice of the Peace. And every applicant, on receiving his said licence, shall pay
therefor to the Registrar General, to the use of the Crown, the fee in that behalf
mentioned in the schedule hereunto annexed. [ Repealed by Ordinance No. 21 of 1887.]
414 ORDINANCE No. 8 OF 1858.
Regulation of Chinese - Census.
The Registrar 13. The Registrar General shall grant to such fit and proper persons, being
General to grant
undertaker's Chinamen, as shall make application unto him in that behalf, licences to undertake
licences.
and perform the burials of Chinese dead in the cemeteries, and after the manner
prescribed by law ; and every such licence shall be limited in duration to one year, but
renewable at the expiration of each year ; and there shall be paid to him to the use of
the Crown for every such grant or renewal the fee in that behalf specified in the
schedule hereunto annexed. [ Repealed by Ordinance No. 21 of 1887.]
None but
licensed 14. No person, not being an undertaker licensed under section 13, shall hence
undertakers to
bury or dig forward undertake or perform any burials of Chinese dead, or dig any grave within
graves.
any such cemetery as aforesaid. [Repealed by Ordinance No. 21 of 1887.]
The undertakers
are required to 15. Every licensed undertaker is hereby required to use his best skill and
prevent and
repress offences endeavour to prevent and repress all offences against, and violations of, the Laws for
against Burial
Laws. regulating Chinese burials, and to apprehend, or cause to be apprehended , all persons
accused thereof, and from time to time to report every such offence or violation to the
Registrar General with all reasonable speed. [ Repealed by Ordinance No. 21 of 1887.]
Licensing of
boats, &c. 16. The Registrar General shall grant to such persons, upon such security and in
such form as His Excellency in Council shall think fit, and upon payment made to the
use of the Crown of such fee therefor according to size as in the said schedule hereunto
annexed is in that behalf specified , certificates of licence of boats or vessels plying for
hire within the waters of this Colony, or carrying passengers between this Colony and
the ports on the Chinese Main (other than boats or vessels having British, Colonial, or
Foreign Registers (not being Chinese Registers) ; and also other than market boats or
vessels, or boats or vessels, visiting this Colony merely for trading purposes) ; and
every such boat or vessel shall carry on each of her bows and on her stern , legibly painted
upon wood or tin, the true number of her certificate aforesaid , which number shall be
supplied by the Registrar General for that purpose ; and no such certificate or number
shall be transferred or lent unto any other boat or vessel, or the persons on board of the
same, nor shall any certificate or number other than such as the said Registrar General
shall have granted under this section be assumed or exhibited by any such boat or
vessel, or the persons on board of the same. And every person having charge of any
such boat or vessel is hereby commanded, whensoever thereunto required , to exhibit
the certificate granted in respect thereof under this section . And all persons having
charge of boats or vessels, and, not having obtained or not having on board such
certificate as aforesaid (other than as aforesaid ) , are hereby forbidden to employ their
said boats or vessels in plying here within the said waters, or in carrying passengers
between this Colony and the said ports, or to cause, suffer, or connive at their said
employment. [ So much as relates to licensing boats repealed by Ordinance No. 6 of 1866.
The whole section repealed by Ordinance No. 8 of 1879.]
Scale ofboat 17. Scales of fares for all licensed boats and vessels licensed to ply for hire within
fares and chair
and porter hire. the said waters, and also scales for the hire of all public conveyances, chair coolies, and
porters, by the day, hour, or job, with all proper regulations for exceptional cases, shall
ORDINANCE No. 8 OF 1858 . 415
Regulation of Chinese - Census.
be prepared and fixed , and , if expedient, from time to time altered and varied, by His
Excellency the Governor ; and every such scale and variation thereof shall be notified
in the Government Gazette, and shall be evidence of the right of the parties concerned
to the fares or hires therein mentioned . And no person owning or having charge of
any such boat, vessel, or conveyance, or being such chair coolie or porter, or bearer or
driver of any such conveyance, shall demand or receive a greater fare or hire than by
the scale for the time being in force, and relating thereto is sanctioned and notified ;
and no such person shall refuse, without reasonable and sufficient cause, to accept
employment according to his scale, whensoever offered in conformity with this Ordi
nance, or use any abusive or insolent language to any persen soever so employing
him , or offering him such employment. [ Repealed by Ordinance No. 13 of 1888. ]
18. No person soever, Chinaman or European , shall lodge, receive , Licences to
receive and
or keep any Chinese labourers or coolies ( not being persons in his actual lodge ccclies,
&c.
employment as such, or bonâ fide inmates of his tenement, boat , or vessel , )
nor any Chinese emigrants or intending emigrants , in or upon any
tenement within this Colony, or on board of any boat or vessel lying
within the same or the waters thereof, and not being at the time actually
and bona fide engaged in , or for the lawful voyage of the labourers , coolies ,
or emigrants , then on board thereof, unless such person shall have first
obtained from the said Registrar General his licence in writing in that
behalf, which licence the said Registrar General is hereby required to
grant for such term and upon such conditions as he shall think fit, upon
proof first made of the fitness of such person to receive the said licence ,
and upon payment by him to the said Registrar General advanced and
made for the same of such yearly or other fee as in the schedule hereto is
expressed, and he may from time to time call in and revoke or alter the
same so often as shall be expedient.
19. The Registrar General is charged especially for the purposes of this Ordinance Visitation,
inspection, and
to visit, inspect, and approve of any tenement, boat, or vessel , in respect whereof appli approval of
tenements, &r +
cation shall be made to him for a licence, under section 18 , before he shall grant or for the purpose
and prevention
of abuse.
renew the same ; and it shall be at all times, during the continuance of any licence by
him so granted or renewed, his duty to enforce the observance of good order, decency ,
and morality, and the prevention or punishment of nuisances and other abuses among
the inmates thereof, and whether by them or by any other person committed, and to
secure to the said inmates the enjoyment of their personal rights, as British subjects ,
whether permanently or for the time being. [ Repealed by Ordinance No. 24 of 1887. ]
20. No private person shall occupy or erect any building or other Residing or
building. &c ..
thing soever upon land not being under lease from the Crown, without on Crown
land .
the licence of the Surveyor General ; nor with such licence, if the same
416 ORDINANCE No. 8 OF 1858.
Regulation of Chinese- Census.
could not have been lawfully occupied or erected before the passing of
this Ordinance.
Security to 21. Any Stipendiary Magistrate or Justice of the Peace may cause any Chinese
appear within
twelve months. person to find reasonable security for his appearance in any Court for any purpose and
at any time within twelve months, and every adjudication to that effect shall be made
in open Court and reported forthwith to His Excellency : and such Chinese not finding
such security shall be deemed a person dangerous to the peace of the Colony, within
the meaning of Ordinance No. 9 of 1857. [ Repealed by Ordinances No. 8 of 1876 and
No. 8 of1882. ]
Licences for 22. Written licences under the hand of the Governor for the holding of meetings
public meetings.
to consider in a lawful way the redress of supposed grievances, or for religious or thea
trical entertainments, or for any other purposes of public interest, may be granted to
any Chinese occupier applying for the same ; and without such licences, no Chinese
people shall hold or be present at any meetings soever of a public nature, not convened
by the Governor [ or sheriff. Repealed by Ordinance No. 22 of 1882] and not being solely
for the purposes of religious worship . [ Repealed by Ordinance No. 9 of1886 , so far as
it relates to religious ceremonies or religious or theatrical entertainments. The whole section
repealed by Ordinance No. 13 of 1888. ]
Mendicancy 23. Mendicancy in the public highways or streets is hereby for
forbidden.
bidden. [ See Ordinances No. 7 of 1859, and No. 8 of 1876. ]
The power to 24. The Governor in Council is empowered to direct the census of population to
direct census.
be taken within this Colony from time to time as to His said Excellency in Council
shall seem meet, and every such direction may be addressed to the Registrar General.
[ Repealed by Ordinance No. 4 of 1887.]
Blank returns to 25. Upon receiving any such direction , the Registrar General shall prepare and
be prepared and
delivered.
cause to be delivered at every dwelling and place of business throughout this Colony,
a blank return, to be filled up before a certain day to be therein named with the names
and number of the occupiers and inmates of every such dwelling or place of business
and the persons in their employment, or residing with them , or within their tenements ,
according to their several names, sexes, occupations, and countries. [ Repealed by Ordi
nance No. 4 of 1887.]
The blank to be 26. Every such blank return shall, according to its tenor and the truth of the
filled up and
returned.
case, be filled up by the occupier of the dwelling or place of business where the same
shall have been left ; and he shall within five days after the day on which the same
was so left, return, or deliver it, so filled up as aforesaid, to the Registrar General.
[ Repealed by Ordinance No. 4 of 1887.]
Disqualification 27. No person acting or employed by any other person acting in the execution
ofcertain persons
in respect of of this Ordinance, and no member of the family of any such person, shall be possessed
interest.
of or interested in any of the boats, vessels, conveyances, or (in cases within section 18)
tenements to which this Ordinance relates, either in his or her own right or in the
right of another, and either at Law or in Equity. [ Repealed by Ordinance No. 4 of
1887.]
ORDINANCE No. 8 of 1858 . 417
Regulation of Chinese- Census.
28. Persons violating, or disobeying, or failing to comply with, the Penalties.
several provisions of this Ordinance shall, upon summary conviction of
such offence [ before the Registrar General if a Justice of the Peace, or ( if the
said person shall so demand) : Repealed by Ordinance No. 2 of 1876 ]
before a Stipendiary Magistrate, or any two Justices of the Peace sitting
for him, incur, and pay, or suffer the several penalties and forfeitures
hereinafter respectively made applicable to the same, that is to say :
1. For every offence against section 7, a sum not exceding forty dollars. 1. Against rec. 7.
[ Section 7 is repealed .]
2. For every offence against section 11 , a sum not exceeding ten dollars . 2. Against see.
11.
[ Repealed by Ordinance No. 13 of 1888. ]
3. For every offence against section 14 or section 15, a sum not exceeding 3. Again't sees.
14 and 15.
twenty-five dollars. [ Repealed by Ordinance No. 13 of 1888. ]
4. For every offence against section 16, a sum not exceeding fifty dollars . 4. Against sec.
16.
[ Repealed by Ordinance No. 13 of 1888. ]
5. For every offence against section 17, a sum not exceeding twenty dollars. 5. Against see.
17.
[ Repealed by Ordinance No. 13 of 1888. ]
6. For every offence against section 18 or section 19 , a sum not exceeding 6. Against se 's,
18 and 19.
fifty dollars. [Repealed by Ordinance No. 24 of 1887. ]
7. For every offence against section 20, a sum not exceeding 50 7. Against sec.
20.
dollars, (besides the expenses of the removal of the build
ing or thing occupied or erected ) .
8. For every offence against section 22, a sum not exceeding one hundred 8. Against sec.
22.
dollars. [ Repealed by Ordinance No. 13 of 1888. ] [ See also Ords.
No. 3 of 1881 and
No. 8 of 1-82.]
9. For every offence against section 23, a sum not exceeding five dollars ; 9. Against sec.
23.
or the offender shall, at the discretion of the Court, receive not more
than thirty-six blows, nor less than five blows, with a rattan ; and he
shall also if His Excellency in Council shall so decide, be deported to
any place in the Chinese Empire or elsewhere. [ See Ordinance No. 1
of 1859 : amended by Ordinance No. 9 of 1864 and repealed by Ordinance
No. 7 of 1859 and by Ordinance No. 8 of 1876. ]
10. For every offence against section 26, a sum not exceeding twenty dollars . 10. Against sec.
26.
[ Repealed by Ordinance No. 4 of 1887. ]
11. For every offence against section 27, a sum not exceeding five hundred 11. Against sec.
27.
dollars ; and also, (where the nature of the case admits thereof,)
forfeiture of, and incapacity to hold, any employment under this
Ordinance. [Repealed by Ordinance No. 4 of 1887.]
418 ORDINANCE No. 8 OF 1858 .
Regulation of Chinese- Census.
12. For every 12. And for every such disobedience, violation , or default, for
offence not
specifically which no specific penalty is hereinbefore provided , such
provided
for. sum, not exceeding in any case five dollars, as the Court
shall think fit .
Enforcement
of penalties. 29. In case of non - payment of any of the said pecuniary penalties,
the same may be recovered by any of the ways and means whereby, on
any summary proceedings before Justices, penalties are or shall be
recoverable ; yet so as that no offender against section 26 shall be liable
to be imprisoned in such case.
In case of
30. Where, upon the conviction of any offender under this Ordi
security, the
amount of nance, it shall appear that, before the commission of the offence, he had
penalty to be
that of the given security and that by such offence the same is become forfeited , the
security.
amount of such security shall be deemed to be the penalty actually
incurred by him, and it shall not be lawful for the Court to impose any
penalty for his said offence , save and except the amount of his said security .
Case or certi 31. Every adjudication under this Ordinance shall be final, unless
orari.
where a case shall be stated , delivered , and prosecuted with effect accord
ing to law, or unless a certiorari for removing the proceedings , either
before or after judgment, shall be obtained by the Crown, or by the
defendant, as the case may be, within ten days from the first commence
ment of the said proceedings , and unless the proceedings upon the
certiorari shall be prosecuted, with effect, in the Supreme Court, within
six weeks after the obtaining thereof. And the costs of such case , or
(as the fact may be ) certiorari and proceedings , shall be paid to or by
the Crown according to the event thereof.
Construction 32. For the purposes of this Ordinance , the following terms and
of words.
words shall be severally taken , not only in their received sense, but also
to extend to and include the meanings hereinafter specified, that is to
say:
' Occupier.' "Occupier, " " Person occupying ," and " Master of a House or
Tenement," shall include every person acting as master
thereof, occupant of the ground floor thereof at a rent,
and (in the event of a vacant house or tenement, or of no
other occupier thereof being to be found ) owner thereof, or
•House or And " House," " Tenement," or " Building "
his agent.
building.'
shall include any shop , outhouse, shed , or roof :
ORDINANCE No. 8 OF 1858 . 419
Regulation of Chinese- Census.
And " European " shall include all persons other than Asiatics , · European.'
and also all such Asiatics (not being Chinese) as owe or
shall owe permanent allegiance unto Her Majesty :
And " Chinese " shall include natives of Hongkong and other And 'Chinese."
places out of the Empire of China, being of Chinese blood
or following Chinese usages :
Save only and except where by the express letter of this Exception.
Ordinance a more limited meaning hath been attributed to
any or either of the said terms and words.
Retrospect
33. All acts done before the passing of this Ordinance , which, if ive.
done after the passing thereof, would have been legal and
valid, shall be deemed legal and valid for all purposes
soever.
SCHEDULE TO WHICH THIS ORDINANCE REFERS :
Fee for hawkers. $ 0.50 Quarterly.
1st Class Boats or Vessels , 99 10.00 Annually.
2nd "" 99 "" 5.00 99
3rd 3.00 99
4th 29 99 "" 0.50 99
Undertakers' Licences,.. "" 10.00 ??
Licences of Tenements, Eoats, or Vessels, for logding or reception
of coolies or emigrants (for every ten inmates) if by the
year........ ..... 17 5.00 "T
And if by a lesser term (for every ten inmates) , .... 99 0.10 per diem.
[ Schedule repealed by Ordinance No. 13 of 1888. ]
NOTE.- In reference to section 28, see also Ordinance No. 7 of 1857 and No. 2 of 1876.
For Regulations as to Piers and Jetties under section 17, see Government
Notification- Gazette, 7th August, 1869.
Conditions to be observed by Keepers of Chinese Emigrant Lodging Houses,
licensed under section 18 of Ordinance 8 of 1858, made the
27th June and Gazetted 16th August, 1884.
1. A notice shall be put up in a conspicuous place in each room showing the number of
persons the room is licensed to accommodate.
2. The lodging house-keeper shall at all times keep his premises in a clean and wholesome
condition . He shall cause every room, passage, and stair to be thoroughly swept at least once a day.
420 ORDINANCES Nos . 8 AND 9 OF 1858.
Regulation of Chinese - Census. Markets.
3. The lodging house-keeper shall cause the means of ventilation provided in or in connection
with the house to be kept at all times in good order and efficient action.
4. The lodging house-keeper shall not suffer any room not licensed as a sleeping room to be
used as such.
5. The lodging house -keeper shall cause all filth and refuse matters to be removed from his
premises daily.
6. No person of the male sex above 10 years of age shall occupy the same sleeping room as
persons of the female sex.
7. No person of the female sex above 10 years of age shall occupy the same sleeping room as
persons of the male sex.
8. Rules 6 and 7 do not apply to married couples.
9. The house shall be at all time open to inspection by members of the Sanitary Board or
any of its officers .
No. 9 of 1858.
[See Ords. No. 5 The Markets' Ordinance, 1858 .
of 1867, and No. 3
of 1878.]
[ 31st May, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
B advice of the Legislative Council thereof, as follows :
Repeal of Ordi
nance No. 2 of 1. Ordinance No. 2 of 1854 is hereby repealed.
1854.
Governor in 2. All markets presently established within the district of Victoria * shall be sub
Council empow
ered to establish ject to this Ordinance ; but it shall be lawful for His Excellency the Governor in Exe
and close mark
ets, and to make
regulations and cutive Council from time to time to close the same or any of them, and also to establish
bye-laws.
[* See Ordinance and continue or close any new market or markets within the said district, and to make
No. 5 of 1867 s. S.]
such bye-laws for the letting of houses, shops , stalls, or standings therein, in any of the
said markets, hereinbefore specified , and the durations and conditions of such lettings ,
and the rents to be received for the same, and also for the good government of the said
markets, the repression or prevention of disorder therein, and the protection of the
traffic thereof, as to His Excellency in Council shall seem meet : Yet so as that no such
bye-laws shall be contrary to this Ordinance, or capable of being enforced until the same
shall have been in English and Chinese published in the Hongkong Government Gaz
ette, and, for the space of seven consecutive days, posted in all existing markets.
No market to be 3. No new market shall be deemed to be established until after notification made
deemed estab
lished till notified
in the Gazette. by His said Excellency in Council, in the Hongkong Government Gazette, in English
and Chinese , that the same is so established and open for public use.
Prohibition of 4. From the passing of this Ordinance, no market shall be opened or kept open
other markets.
except under the provisions of this Ordinance ; and every market which shall be opened
or kept open otherwise than as aforesaid shall, together with the building or buildings
(if any) wherein the same shall happen to be holden , be deemed a common nuisance.
ORDINANCE No. 9 of 1858 . 421
Markets.
5. No buildings shall be erected, continued, or maintained, in any market, save Buildings in
markets.
only houses with shops , stalls , standings, houses for market porters, and lan or entrepôts ; [See Ord. No. 5 of
1867 s. 3. ]
and the Surveyor General is hereby empowered and required to see to the execution of
all laws for the time being in force, with respect to buildings, so far as the same are
applicable to the buildings enumerated in the salvo lastly hereinbefore contained ; and
all the said buildings shall be constructed of stone or brick, and such of them as are
shops or stalls shall be fitted with stone or wooden dressers or counters, proper for the
purposes of trade, and no stall shall cover a larger surface than seven lineal feet .
6. Each house and each stall in every market shall be numbered, and a register Numbering hou
ses and stalls,
of the same by its proper number shall be kept in the office of the Surveyor General, and registering
the same.
[" Registrar General " as amended by Ordinance No. 5 of 1867 ] which register shall
also contain an entry of the name of the actual lessee or tenant of the same, the
premium therefor, the rent thereof, and the term of lease, and such entry shall be
prima facie evidence of the facts thereby appearing.
7. Licensed hawkers may lawfully hawk, for sale, any green vegetables, fruit , Certain market
able articles may
be sold out of
bean curds, congee, confectionary, and soup ; and boatmen may lawfully sell any fresh market.
fish from their boats or vessels to the crews or occupants of other boats or vessels, at a
distance from the shore of at least three hundred feet ; neither shall this Ordinance
extend to prohibit bona fide public sales by licensed auctioneers , or sales (not being
sales of raw butcher's meat) in shops or stores not kept by Asiatics, nor the sale of rice,
nor to prevent any person from selling on his own premises any bread, milk, congee,
confectionary or soup, or salt fish by hawkers as aforesaid, not being less at any one
time than the weight of one picul , nor (if a licensed victualler or keeper of a boarding,
eating, or coffee house, or cook shop) from supplying any cooked provisions to a
customer.
8. All persons soever within the said district of Victoria or the harbour thereof . All other sales
marketable artiof
cles out ofmarket
(except in the cases specified in section 7) , are hereby forbidden to sell or expose forprohibited.
sale in any place soever, not being a public market within the meaning of this Ordi
nance, any articles of food for man usually sold or exposed for sale in a public market .
9. No sales within any market (except in cases to which section 11 is applicable) Sales in markets
to take place in
shall take place but in a stall or in a shop. stalls or shops .
10. No lessee or renter of a stall, or of a shop or house, within any market, shall Underletting for
bidden.
underlet or assign the same, or any part thereof, without the written licence of the
Surveyor General.
11. In such markets as may be by the Governor in Council thereunto specially Wholesale depôts
to be provided in,
determined, and which shall be notified as aforesaid, there shall be set apart and each market.
numbered by the Surveyor General, [ " Registrar General " as amended by Ordinance No.
5 of 1867] lan or entrepôts, for the sale and purchase by wholesale of swine, fish,
fowl (whether alive or dead) , vegetables, and fruit, whereat dealers having stalls or
shops in such market may purchase their supplies of the same articles ; and such lau
or entrepôts, and the persons frequenting or using the same, shall be regulated and
422 ORDINANCE No. 9 OF 1858.
Markets.
governed by such of the aforesaid bye-laws as shall relate thereunto ; and no person
shall be allowed to vend any articles in any such lan or entrepôt as a wholesale trader
or dealer therein, except under licence approved by His said Excellency in Council ,
who is hereby empowered from time to time to grant such licences as aforesaid, and
make such regulations for the duration or conditions thereof, and the fees or taxes to
be imposed or levied for the same ; and such licences shall be granted to all approved
applicants for whom there may be accommodation , but shall not be transferable.
Modes ofletting 12. All buildings in markets shall be let by the Surveyor General in manner
buildings in
markets.
following, that is to say : the letting of all houses for one year certain, and from the
end or other sooner determination thereof from year to year, and at the highest yearly
rent that can be reasonably gotten for the same, the first yearly rent thereof for the
year commencing on the first day of July now next coming to be ascertained by way
of public auction, and the highest bidder thereat of approved responsibility to be
declared the lessee for the said term , with right of preference, in the renewal of every
such term, to the actual tenant thereof : But the letting of all stalls and lan to be by
the month, and the lessees thereof to be ascertained by way of lot from among the
applicants for the same, with the like right of preference, and at such rents as shall
from time to time be, by His said Excellency in Council, ascertained and fixed and
signified unto the said Surveyor General . [ Repealed by Ordinance No. 5 of 1867. ]
Not more than 13. No person shall occupy or hold , for himself or for another, more than one
one building to
be holden.
building in a market, without the written permission of the Surveyor General [ " Regis
trar General" as amended by Ordinance No. 5 of 1867] upon cause shown .
New buildings. 14. The rent reserved in respect of any new or additional building in a market
shall be after the same rate, and payable at the same time, as the rents of other
buildings of the same kind in the same market.
Partnerships and 15. Every lessee or tenant, as soon as may be after being accepted as such, and
shop seals.
[See Ord. No. 5 of before entering into possession of any such building, shall furnish the Surveyor General
1867 s. 7.]
["Registrar General " as amended by Ordinance No. 5 of 1867 ] with a written statement
of the names of all persons, if any, having any copartnery interest with him in his busi
ness, to be carried on thereon or incidentally thereto, and also the impression of the
seal (if any) of his shop or firm.
Absence from the 16. No actual lessee or tenant of any such building, registered as the sole lessee
Colony.
or tenant thereof, shall be at any one time absent from the Colony for a period of six
consecutive months.
Alterations of or 17. No alteration in or addition to any such building shall be made or commenced
additions to
buildings. by the lessee or tenant thereof, without the written sanction of the Surveyor General
being first obtained.
False weights, 18. False or unlawful scales, weights, or measures, counterfeit coin, and base cash ,
coin, &c.
are hereby forbidden to be used in any market by any such lessee or tenant, and all
such scales, weights, and measures, coin and cash, shall be impounded and destroyed
by the Superintendent of Police.
ORDINANCE No. 9 of 1858. 423
Markets.
19. Dangerous explosive or combustible substances, in a larger quantity that one Dangerous sub
stances.
catty in all, shall not be kept within any market by any such lessee or tenant .
20. His said Excellency in Council is further empowered to grant unto any person Erection or adap
tation of slaught
or persons in such manner, for such consideration or rent, upon such conditions, and er-houses.
for such period not being less than one twelvemonth, as shall be from time to time
ascertained and fixed by such of the said bye-laws as shall relate thereunto, the sole
privilege of slaughtering cattle, within such slaughter-houses as shall be from time to
time provided or appointed for the said purpose, for the supply of the said markets, or
for the supply of any person residing in the said district of Victoria . [ Repealed by Or
dinance No. 5 of 1867.]
21. No person shall within the said district of Victoria slaughter any cattle or Slaughtering
elsewhere prohi
dress any carcass for sale as food for man, except within the said slaughter-houses. bited.
22. Every grantee of the said privilege shall at all times during such period of Tariff of tolls for
the use of
the day or night, as shall be from time to time determined by such bye-laws as afore slaughtering
houses.
said, allow any person (who shall first pay or tender unto him such toll as in that be
half is provided by a tariff of tolls to be from time to time in like manner determined)
to slaughter any cattle or dress any carcass for sale within the said slaughter-houses as
food for man .
23. No person shall keep , sell, or expose for sale anywhere, or bring into this Keeping or sell
ing food, or
Colony or any market or slaughter- house, any article of food for man which shall be in slaughtering
cattle, in an un
wholesome con
an unwholesome condition or unfit for such food ; or bring, lead , carry, or drive into, dition.
or keep or slaughter in this Colony or any slaughter-house, or permit to be so brought ,
led, carried , or driven thereto , or kept or slaughtered therein, any cattle which shall be
unfit for slaughter.
24. It is also forbidden to any person to keep, sell, or expose for sale in, or bring Keeping, selling
&c., unwhole
into this Colony or any market or slaughter-house, any fodder for beasts which shall some fodder.
be in an unwholesome condition , or unfit for such fodder, or to give, or allow to be
given, any such fodder to any beasts.
25. No person shall act as porter in any market, without being thereunto licensed Licensed porters.
in writing by the Superintendent of Police .
26. For the performance of the several duties of the Police Force in enforcing Superintendent
of Police and his
officers to have
this Ordinance, the Superintendent of Police and his officers, and the other members free access.
of the said Force, together or singly, shall have at all times free access to every part of
every market, and of every stall and building therein, and of every slaughter-house,
and may abide therein at the pleasure of the said Superintendent ; and noue shall pre
sume to impede, obstruct, or resist him, them, or any of them, in the performance of
their said duties respectively .
27. Except where otherwise by this Ordinance provided , it shall be unlawful for Exaction of other
fees, &c., than as
any person soever to demand or receive any chattel, money, or other valuable thing, as, provided under
this Ordinance,
to be extortion.
or for, or under pretence of a fee, fine, toll, rent , stallage, or otherwise, for access or
424 ORDINANCE No. 9 OF 1858.
Markets.
admission to, or buying, or selling, or slaughtering in any market or slaughter-house
respectively.
Disqualification 28. No person in the public service , and no person in the employment or mem
ofcertain persons
in respect of in ber of the family of any person in such service , shall , either in his own right or in the
terest.
right of another, and either for his own benefit or for the benefit of another, and either
at Law or in Equity, be directly or indirectly interested in or concerned with any
market, stall, building, or slaughter- house as aforesaid.
Rents, fees, and 29. All monies payable to the Crown under this Ordinance for rents, fees, or taxes,
taxes, how pay
able. shall be paid in advance on the first day of every month, or within seven days next
after to the Registrar General, and shall be, within three days next after receipt thereof,
paid over by him into the Treasury, to the use of the Crown.
Monies to be paid 30. All sums of money to be paid under, or by virtue of this Ordinance, or any
in current dollars.
of its provisions, are to be paid in current dollars.
Penalties for of 31. All violations or disobediences of, or defaults in compliance with, the provi
fences.
sions of the sections of this Ordinance next hereinafter specified , shall be heard and
determined summarily under the Ordinances for the time being in force, touching the
jurisdiction of the Court of Petty Sessions ; and on conviction of such offences , the re
spective offenders shall be sentenced to pay the several penalties, or in default of pay
ment thereof, to suffer the several terms of imprisonment respectively hereinafter
specified :
1. Against secs. 1. For every offence against sections 4, 26, 27, or 28, a fine not exceeding five
4, 26, 27,
and 28.
hundred dollars, over and above (in cases of nuisance under section 4)
the expense of, or incident to , abating and removing the same ; or, instead
of such fine, imprisonment for a term not exceeding six months, for every
offence against either of the said sections.
2. Against secs. 2. For every offence against sections 8, 9 , or 11 , a fine not exceeding twenty
8, 9, and 10.
five dollars, or imprisonment for a term not exceeding one month.
3. Against secs.
10, 21, and 3. For every offence against sections 10 , 21 , or 22, a fine not exceeding one
22.
hundred dollars, or imprisonment for a term not exceeding three months.
4. Against secs. 4. For every offence against section 13, or sections 16 to 19 inclusive, the for
13, 16, 17,
18, and 19. feiture of the lease or tenancy of the offender.
5. Against sec. 5. For every offence against section 23, a fine not exceeding two hundred dol
13.
lars, over and above the expenses of the removal of the food or cattle in
question ; and also (if the Court shall order the destruction thereof) , the
expenses of, or incident to, the same ; or, instead of such fine, imprison
ment for a term not exceeding six months.
6. Against sec. 6. For every offence against section 24, a fine not exceeding fifty dollars, or
24.
imprisonment for a term not exceeding one month.
7. Against sec. 7. For every offence against section 29 , a fine not exceeding in amount the sum
29.
of money not paid over, and also (if the offender be a lessee or tenant)
the forfeiture of his lease or tenancy.
ORDINANCES Nos. 9 AND 10 OF 1858 . 425
Markets. Penal Servitude.
32. The laws relating to nuisances, cruelty to animals, offences relating to scales , Saving as to nui
sances.
weights, measures, and coins, and extortions, and the general jurisdiction of the Su
preme Court, are not affected by this Ordinance.
33. The word " Cattle " in this Ordinance shall include swine, and all gramini Interpretation of
" Cattle."
vorous beasts, except horses, asses, and mules.
[All repealed by Ordinance No. 17 of 1887. ]
NOTE.- The following bye-laws &c. were made under this Ordinance :
Market bye-laws of the 1st June, 1858, gazetted on the 4th of the same month.
Additional bye-laws ofthe 17th June, 1858, gazetted on the 22nd ofthe same
month.
Proclamation as to " District ofVictoria " ofthe 9th December, 1872, gazetted
on the 14th of the same month.
Government Notification as to " Establishment of Market at Shaukiwán ”
of the 10th December, 1872, gazetted on the 14th of the same month.
Government Notification of Establishment of other Markets of the 20th May,
1876, gazetted on the 27th ofthe same month.
Proclamation as to meaning of " District of Victoria" of the 30th June,
1879, gazetted on the 16th July, 1879.
Bye-law as to condition of licences of stalls or shops for the sale of meat
made and gazetted on the 12th June, 1884.
Bye-law as to the good government of the Central Market of the 15th
October, 1884, gazetted on the 25th ofthe same month.
No. 10 of 1858.
An Ordinance for Penal Servitude.
[ 15th June, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
I
BR advice of the Legislative Council thereof, as follows :
1. Where no place hath been or shall hereafter be appointed by Her Majesty or Until places of
transportation
Her Governor of Hongkong, whereunto offenders convicted in this Colony, and being are appointed,
penal servitude
may be substi
under sentence or order of transportation, may according to law be sent or transported, tuted.
every such offender shall (subject to section 3) be kept in penal servitude within the
said Colony for any period not exceeding a period of the same duration as the term or
terms, or unexpired portion of the term or terms, of transportation under which the said
offender now is or shall hereafter be ; and until no such place as aforesaid is appointed,
and so often as no such place shall be hereafter appointed as aforesaid, any offender
who, but for this Ordinance, might have been sentenced to transportation shall (subject
to section 3) be liable to be sentenced to be kept in penal servitude for a period or
periods not exceeding a term or terms of the same duration as the term or terms of
transportation to which such offender would , but for this Ordinance, have been liable,
and subject to the same discretion on the part of the Court.
426 ORDINANCE No. 10 OF 1858.
Penal Servitude.
Laws of trans 2. All laws and gaol regulations relating to the removal, transportation, care,
portation to
apply to offend custody, management, employment, and discipline of offenders under sentence or order
ers under penal
servitude.
of transportation, and the punishment of such offenders if at large without lawful
cause, whilst the said sentence or order is in force, and all other Laws relating to such
offenders, shall apply to offenders kept in penal servitude.
Computation of 3. Any of the said offenders may be removed and transported to any such place
time.
as aforesaid during his term of punishment, and the whole of the time (if any) during
which he may have been kept in penal servitude or imprisonment during the term
specified in his sentence or order, shall be computed and allowed unto him in deter
mining the duration of his term of transportation .
Gangs made 4. In case any offender kept in penal servitude shall escape, under circumstances
responsible for
escapes . which, being proved by lawful evidence before the Court of Petty Sessions, shall satisfy
the said Court that any other offender with whom, or offenders with or amongst whom ,
the said offender was at the time of his said escape, might, if so disposed, have
prevented him from effecting or attempting it, the said Court shall have power to order
and adjudge that any term of penal servitude not exceeding three years shall be
allotted unto every such offender : in addition to, and by way of increase of, the periods
or period still unexpired of the punishment to which such offender as last aforesaid was
liable at the time of the said escape. [ Repealed by Ordinance No. 2 of 1859. ]
Certain convict 5. The laws for the time being in force within England for the prevention or
prison Laws
extended to this punishment of the offences of prison breach, escape, rescue, and bringing or carrying
Colony.
in or out of prohibited articles, when committed , attempted, or allowed by, or with
reference to, or in favor of, prisoners ordered to be detained in convict prisons, shall
be applicable to the like offences, when committed or attempted by, or with reference
to, or in favor of, offenders kept in penal servitude, whether original or substituted as
aforesaid.
Power to His 6. His Excellency the Governor in Executive Council is hereby empowered from
Excellency in
Council to make time to time to make, alter, repeal, or revive such regulations (in any manner, not
regulations.
being inconsistent with this Ordinance) for the diet, clothing, maintenance, employment,
instruction, discipline, correction , removal, and discharge of offenders undergoing the
said punishment of penal survitude, and for the duties and conduct of their keepers.
and overseers, and other the officers employed in or about the premises, as to His said
Excellency in Council shall in the premises seem meet ; yet so as that every such
regulation, alteration , repeal, and revivor, be forthwith notified in the Hongkong
Government Gazette for general information.
Power ofimpri 7. The jurisdiction to sentence offenders to imprisonment with or without hard
sonment not
affected by this labour, and the execution of such sentences, are not affected by this Ordinance.
Ordinance.
[ Repealed by Ordinance No. 10 of 1887.]
For Regulation as to employment of Penal Servitude Prisoners ofthe 28th December,
1882. See Gazette, 30th ofthe same month.
For Rules as to management of Prisoners of 23rd January, 1883, see Gazette
27th January, 1883.
ORDINANCE No. 11 of 1858. 427
Pawnbrokers, &c.— Offences.
No. 11 of 1858.
An Ordinance for the prevention of Offences touching Securities, Sales,
and Deposits.
[ 6th July, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
B advice of the Legislative Council thereof, as follows :
1. All additions to drafts on bankers within the meaning of Ordinance No. 3 of Additions to che
ques on bankers.
1857, shall be deemed to be (by whomsoever and at whatsoever time the said additions
may be made) part of the drafts themselves, for the purpose of the payment thereof
respectively ; and any cancellation or erasure of such additions, and likewise any alte
ration thereof (except for the mere purpose of filling up any blanks therein) , shall be
deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill of ex Acceptances ob
tained by fraud
change (whether drawn by himself or any other person) from a third party, shall (whether or false pretence,
and drafts &c,
upon persons
the said bill so accepted remain in his hands or not) be deemed to have obtained a who have stop
ped payment,
valuable security by fraud, or (as the case may be) false pretence, within the meaning &c.
of the Laws in force for the repression of the said offences ; and persons fraudulently
obtaining monies or chattels upon or by means of a draft order or warrant addressed to
any person, society, company, or firm, who, to the knowledge of the persons so obtaining
the said monies or chattels, at the time of obtaining the same, have stopped payment
or suspended business, shall be deemed to have obtained the said monies or chattels
by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than five Pawnbrokers'
and auctioneers'
licences.
hundred current dollars in any one transaction upon deposit of goods and chattels ,
unless he be then the actual holder of a pawnbroker's licence, or as a public salesman ,
unless he be then the actual holder of an auctioneer's licence.
4. Every such licence shall be granted by and at the discretion of His Excellency in To be granted
by the Governor
Executive Council, on such conditions, touching fees or otherwise, as shall be deemed in Council.
meet ; and the same shall endure for one year only, but may be renewed at the like
discretion from year to year.
5. No such lender of money as aforesaid shall, during the continuance of his said No lender to
carry on another
licence, carry on any other trade or occupation in his place of business as such lender. trade.
6. He shall cause to be painted and kept painted in large and legible English Names and busi
ness of lenders
letters and Chinese characters, over the door of his said place of business his naine at to be painted .
length, and after his name the word " Pawnbroker " (or " Pawnbrokers " if he be the
member of a firm of such lenders) .
7. He shall , whensoever thereunto required by the Superintendent of Police, or Inspection of
books, &c., by
any Inspector of Police, or by any other member of the Police Force bearing a written Police.
order in that behalf under the hand of the said Superintendent, produce for the inspec
tion of the party so requiring him all or any goods and chattels pledged or deposited
with him on loan of monies, and all books and papers relating to the same.
428 ORDINANCE No. 11 of 1858 .
Pawnbrokers , &c.— Offences.
Interest on loans. 8. Over and above the principal monies lent upon any goods or chattels, pawned or
pledged with the lender, he may demand, receive, and take from the person applying to
redeem the said goods or chattels, before re-delivering the same to such person, interest
upon the said principal monies for the month, and every fractional part of a month, after
such rate as shall have been agreed upon at the time of the making of the said loan ;
which said principal monies and interest shall be taken in full satisfaction of all charges
for or incident to the loan to which the same relate ; yet so as that the first month's
interest shall be deemed to be due on the first day of the first month, unless redemption
be applied for within the first three days thereof.
No further pro 9. Every such loan shall be bonâ fide made without deduction out of the amount
fit to be made.
expressed to be lent, and no profit or interest over and above the rate aforesaid shall be
on any pretext received or demanded .
A General Book 10. Before any monies shall be advanced on any such loan as aforesaid , the lender
to be kept, and
entries made, thereof shall enter or cause to be entered in a book, to be by him kept for that purpose,
and numbered.
and to be called " The General Book, " a fair, true, and regular statement of the nature
and description, and also of the actual condition, of the goods or chattels upon which the
said loan shall be made, and of the exact amount in value of the said loan, and of the
T
exact rate of interest thereon, and of the name, description, and abode of the borrower,
t
and of the number (if any) of the place and the name (if any ) of the street of such his
abode (distinguishing him, if the occupier of his place of abode by the Chinese characters
and by the English letter O, and if only an inmate thereof by the Chinese
characters and by the English letter I) ; and also of the like particulars
(distinguished in like manuer) of the name, description, and abode of such other person
(if any) as the said borrower shall represent to the said lender to be the true owner of the
said goods and chattels ; and lastly, of the day of the English month and year upon
which the said loan shall be made : yet so as that, before any of the said entries shall be
made in the said book, the said lender shall to the best of his ability ascertain from the
said borrower the truth thereof respectively : And every loan, the particulars whereof
shall have been so entered as aforesaid , shall be numbered in the said book from number
one progressively to the end of the month as they are received in pawn : exempli gratiâ,
the first pledge that is received in pawn after the commencement of this Ordinance shall
be numbered one the second two and so on progressively until the end of the now
instant mouth of July ; and the first pledge that is received in pawn in the month of August
next, shall be in like manner numbered one and the second two and so on progressively
until the end of that month : And the like regulation shall be observed in every succeed
ing month for ever after.
A supplemental 11. If any of the said goods and chattels shall consist of articles, not of Chinese
book to be kept
for articles not manufacture, and not especially adapted for Chinese use, the said lender shall, immediately
of Chinese manu
facture or use.
before or immediately after entering such particulars as aforesaid in the said General
Book , make a second and separate entry of the same tenor in another book, to be kept by
him for that purpose, and to be called " The Supplemental Book."
ORDINANCE No. 11 OF 1858. 429
Pawnbrokers, &c.- Offences.
12. Together with the full amount of the said principal monies, the lender shall at Tickets to be
delivered by the
the time of making any such loan as aforesaid deliver to the borrower a ticket, containing lender to the
borrower.
a fair, legible, and true extract of the number of the entry of the said loan in the said
Book, and also of the statement of the said particulars thereof so entered as aforesaid,
and further setting forth in a fair, legible, and true manner, the name and description ,
and abode, of the said lender, and of the street ( if any) , and of the number ( if any ) of the
place of his said abode, which said ticket shall be so delivered gratis ; and if the said
borrower shall decline, neglect, or omit to accept and take the same, it shall not be
lawful for the said lender to receive or retain the goods and chattels therein mentioned .
13. In order to entitle any person to redeem and re-demand from the said lender Production on
re-delivery of
or his representatives the said goods and chattels, the said ticket must be produced and tickets.
re-delivered to the said lender or his representatives by the person applying to redeem
the same: and upon such redemption being effected, the said lender or his representa
tives shall fairly and legibly enter or cause to be entered on the said ticket a true and
exact note of the amount of interest taken by or for him upon the said principal monies ,
and shall retain the same ticket in his custody for the space of twelve months next
following the day of the making of such last-mentioned entry.
14. On the production and tender of any such ticket as aforesaid, together with The goods to be
given up to any
the full amount then due for principal and interest in respect of the loan to which the person producing
the ticket.
same refers , if made at the end of six months from the day of the making of the said
loan , it shall be the duty of the lender therein named and his representatives, to receive
the same, and to deliver up to the person producing and tendering the same the goods
and chattels described in the said ticket, whether such person shall be or not the bor
rower therein named.
15. The section next preceding shall not extend to cases where, at or previously Exception of
cases.
to such production and tender, the said lender or his representatives shall have had
from the said borrower, or the owner of the said goods and chattels, notice not to
deliver the same upon the said production and tender, or shall have had knowledge or
notice that the same have been, or are suspected to have been, unlawfully obtained
from or lost by the owner thereof, before the making of the said loan, nor to tickets
as to which the borrowers shall have taken such proceedings as are provided by the
section next immediately following : -in all which cases it shall be the duty of the
lenders and their representatives to withhold such delivery if required, merely upon
the production and tender aforesaid.
16. Upon the application of any person (other than the said borrower) represent Provision for
lost goods or
ing himself to be the owner of the said goods and chattels, or of any person (other tickets.
than the holder of the said ticket ) representing himself to be the owner thereof, and
to have lost or been unlawfully deprived of the same, it shall be the duty of the said
lender, or his representatives, if the said goods and chattels be still unredeemed ,
forthwith to deliver to such applicant a copy of the entry in the said General Book,
or (as the case may be) of the said ticket , which said applicant shall immediately
thereupon proceed to the office of the Court hereinafter mentioned, and obtain an
430 ORDINANCE No. 11 OF 1858.
Pawnbrokers, & c.- Offences.
appointment there for the purpose of verifying by lawful evidence the truth of such
representation ; and if he shall verify the same to the satisfaction of the said Court
within seven days then next following, and shall obtain from the said Court a certifi
cate to that effect, endorsed upon the said copy, it shall be the duty of the said lender
or his representatives, upon the said copy so endorsed being produced and delivered
by the said applicant, to deliver unto him, according to the circumstances of the case,
and as the said Court shall order, the said goods and chattels, and either with or
without payment of the said principal monies or interest, or both principal and inter
est, as the circumstances of the case shall require, and the said Court shall direct.
Search warrants 17. It shall be the duty of a Stipendiary Magistrate upon lawful evidence being
may be issued.
given to his satisfaction , that there are probable grounds for believing that any goods
or chattels have been pawned without the privity of their owner, to issue his warrant
for searching within the hours of business any place where the said goods and chattels
shall appear to him to be ; and it shall be the duty of the lender, or his representatives,
and of all persons in or about the said place, to give effect and be obedient to the said
warrant ; and if any of the said goods and chattels shall have been upon such search
discovered , it shall be the duty of the person executing the said warrant to take them
or cause them to be taken to the said office, there to abide the order of the said Court .
After six months 18. Subject to the provisions hereinbefore contained for securing the delivery of
the goods, if un
redeemed, to be
the property of goods and chattels to the said holder of the ticket, borrower, owner, or other person,
the lender,
the said goods and chattels, from and after the expiration of the said six months, if
the same are then still unredeemed, shall become and be the property of the said
lender and his representatives absolutely.
Applicants to 19. Every person applying to borrow shall, at the time of his application in that
give true ac
counts of them
selves, the goods, behalf, give to the person to whom such application is made, a full, true, and satisfac
&c.
tory account of himself, his name, his place of abode, the goods and chattels, with
respect to which the said application is made, his possession thereof, the right of
property therein , and the name and place of abode of the owner thereof; and every
person applying to redeem any goods and chattels, or for a copy of a ticket, shall, at
the time of his application in that behalf, give to the person to whom such application
is made a full, true, and satisfactory account of himself, his name, his place of abode,
the name and place of abode of the owner thereof, and of the circumstances under
which such his application is made.
Duty to seize and 20. Any person to whom any application is made to borrow or redeem, or for a
deliver into cus
tody applicants copy of a ticket, without such full, true, and satisfactory account having been in that
not giving true
accounts.
behalf given by the applicant, as in the section next immediately preceding is specified ,
or who shall have reasonable cause to suspect any unlawful practice on the part of an
applicant in either of the above cases, is hereby required to seize and detain any such
applicant, and empowered to call in the aid of any other person for that purpose : yet
so as that the applicant when so seized, shall be by the person seizing him delivered
over with all reasonable speed (together with the goods and chattels (if any) or the
ticket or document (if any) produced or tendered by the applicant at the time of his
ORDINANCE No. 11 OF 1858. 431
Pawnbrokers, &c.- Offences.
said application,) into the custody of a member of the Police Force, who is hereby
required to receive him and convey him and the articles (if any) so produced or
tendered as aforesaid, unto a Stipendiary Magistrate, to abide his order and direction ,
as to custody, commitment to the Court of Petty Sessions, or liberation, or otherwise .
21. Lenders and their representatives shall be liable to make good all loss or Liabilities of
lenders :
damage accruing to borrowers in the cases following, that is to say :
1. Where the goods and chattels pawned have been disposed of by the lenders 1. For improper-
ly disposing
or their representatives otherwise than according to the provisions of ofgoods
pawned.
this Ordinance :
2. Where the same have been stolen , embezzled , or lost, before the period for 2. In case of
theft or loss.
the redemption thereof is elapsed :
3. Where the same, before the said period is elapsed, have been by the default, 3. In case of
damage or
neglect, or misfeasance of the lenders, their representatives, or servants, neglect.
destroyed, damaged , or impared in value (but not otherwise, except where
division two of this section is applicable) :
And in any of the said cases the Court shall allow and award the full amount in
satisfaction of such loss or damage, to be settled and deducted or paid in manner next
hereinafter mentioned .
22. Where the amount so allowed shall be less than the amount due from the How settled for.
borrower for principal monies and interest, the same shall be deducted from the latter,
and the said borrower shall be charged with the balance alone after making such
deduction ; and where the amount so allowed shall exceed the amount so due, the latter
shall be in like manner deducted from the amount so allowed , and the borrower shall
be entitled to receive from the lender or his representatives the balance alone, after
making such last-mentioned deduction.
23. Allowances so made and awarded shall be immediately and without condition Lenders to carry
into effect such
allowances.
carried into effect by the lenders and their representatives, according to the tenor
thereof.
24. No person shall receive any goods or chattels in pawn from, or lend to, any No loans to
persons under
one not being of the age of twelve years at the least. twelve years.
25. No person in the employment of Government, or being a member of the Persons in the
employment of
Government and
family of any such person, or an agent of, or in the employment of, any such person, their families
disqualified.
or of any member of such family, shall lend or advance or act as lender of, any monies
under this Ordinance.
26. It shall not be lawful for any person to receive in pawn any goods or chattels , Public property.
having upon them any mark or sign denoting them to be, or to have been, the property
of the Crown, or of any Public Department.
27. No business shall be transacted at any of the said places of business after eight Hour of business.
of the clock in the night, or before eight of the clock in the morning, -except only for
one week, next before the first day of the Chinese New Year.
28. Forms of tickets and entries in books, for the purposes of this Ordinance, Forms of tickets
and entries to be
shall be notified from time to time in the Hongkong Government Gazette, in English and notified in the
432 ORDINANCE No. 11 OF 1858.
Pawnbrokers, &c.- Offences.
Government Chinese ; and of all such notifications cognisance shall be taken, and due obedience
Gazette.
[See Gazette 27th
August, 1859.] rendered thereunto, by all persons whom they may concern, at the peril of the said
persons respectively.
The Court of 29. All adjudications and certificates under this Ordinance, except sections 1 and
Petty Sessions.
2 thereof, shall be summarily had and granted by the Court of Petty Sessions, and
enforced according to the Laws for the time being in force for regulating the said
Court and its practice .
Lender defined. 30. Every person purchasing, receiving, or taking in, any goods or chattels,
and paying money for, or advancing money upon, the same, with or under any
understanding, agreement, or condition , express , implied, or reasonably inferable, from
the nature or character of the dealing, or the usage in respect thereof, that the said
goods or chattels in whole or part may be afterwards redeemed or re-purchased upon
any terms soever, shall be deemed to be a lender within the meaning of this Ordinance.
Penalties: 31. For violations of or defaults in obedience to this Ordinance, there shall be
imposed the penalties following, that is to say :
1. Against secs. 1. For every offence against section 3, section 5, or section 6, a fine not ex
3, 5, and 6.
ceeding two hundred current dollars ; and moreover, for a third or any
subsequent offence against section 6 , the forfeiture of the offender's said
licence.
2. Against secs. 2. For every offence against either of the sections, from 7 to 16 both inclusive,
7 to 16.
a fine not exceeding five hundred current dollars, together with (if the
Court shall so direct) the forfeiture of the said licence.
3. Against sec. 3. For every offence against section 19, the penalty of imprisonment with
19.
or without hard labour for a term not exceeding two years.
Against secs. 4. For every offence against section 20, or section 23, a fine not exceeding fifty
20 and 23.
current dollars.
4. Against see. 5. For every offence against section 24, a fine not exceeding one hundred
24.
current dollars, together with (if the Court shall so direct) the forfeiture
of the said licence.
6. Against sec. 6. For every offence against section 25, a fine not exceeding fifty current
25.
dollars, and also (where applicable) the forfeiture of, and disqualification
for, office under Government.
7. Against sec.
26. 7. For every offence against section 26, a fine not exceeding five hundred
current dollars.
8. Against sec. 8. For every offence against section 27, a fine not exceeding one hundred
27.
current dollars .
Fines to be paid 32. All fines received or levied under this Ordinance, shall be paid into the
Into Treasury.
Treasury to the use of the Crown.
Right of Appeal 33. Nothing herein contained shall affect the right of appeal by Crown or party,
not affected.
against any adjudication , nor the general jurisdiction of the Supreme Court, nor any
of the laws relating to crimes or offences.
[ Repealed by Ordinance No. 3 of 1860.]
ORDINANCE No. 12 of 1858. 433
Practitioners in Law.
No. 12 of 1858 .
An Ordinance for Practitioners in Law. [See Ord. No. 3 of
1859.]
[ 12th July, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
BⓇadvice of the Legislative Council thereof, as follows :
1. Legal practitioners of the Supreme Court, howsoever qualified , are hereby au Barristers and
attornies.
thorized to act as barristers and attornies, or as barristers, or as attornies according to
their instructions, and as they may think fit : except in the cases hereinafter specified.
2. When the same practitioner acts as barrister and attorney in the same matter, Mode ofremuner
ation.
the remuneration receivable by him shall be regulated accordingly : exempli gratiâ, he
shall not be allowed to make any charge or take any fee for or upon pretence of attor
nies' consultations, with instructions to or attendances on counsel, or the drawing or
copying of briefs to counsel, or preparing or copying of papers for the perusal of counsel,
or the like.
3. No barrister shall become or be in any wise interested in the profits of the Law partner
ships.
business of any other practitioner in law, directly or indirectly, and whether under
the name of law partner, or under any other name , or be or act as agent for, or clerk
to, any such practitioner : And no attorney having a law partner shall be allowed to
act as barrister in any matter where himself or his said partner is, or shall be, retained
or acting as attorney.
4. The laws for the time being in force, with reference to attornies, their fees or Extension to bar
risters oflaws
costs, the taxation thereof, and the right of lien and suit in respect of the same, are relating to attor
nies.
hereby extended to all practitioners when acting as attornies, and to all fees and costs
claimed or received in respect of business done by any practitioner in the law as an
attorney, and by virtue of this Ordinance, subject to section 2.
5. From the beginning to the end , or at any intermediate period or periods, of any What persons
may appear, sue,
prosecution, action , suit , or appeal or proceeding , it shall be lawful for any person be and be heard.
longing to any or either of the classes next hereinafter mentioned, to appear, prosecute,
sue, defend, or proceed , in the said Court and the offices thereof, subject only to the
provisions of sections 3 and 6, and to the general jurisdiction of the said Court in re
spect of the orderly transaction of the business of the same, and of the said offices , that
is to say :
1st. Any of the parties on either side to the prosecution , action , suit, appeal, 1st. The parties
themselves,
if unrepre
or proceeding, not being represented therein by some person willing and sented.
able to act in his stead :
2nd. Any barrister of the said Court duly retained by or on behalf of and 2nd. Earristers
retained.
representing any of the said parties, but without any right of exclusive
audience or preaudience, or (save as to rank in the profession) any pri
vilege over any other party, or over his retained practitioner or represen
tative in that behalf:
434 ORDINANCE No. 12 of 1858 .
Practitioners in Law.
31d. Attornies 3rd. Any attorney of the said Court duly retained by and representing any of
retained.
the said parties in that behalf :
4th. Other per 4th. Any other person having the special leave of the Court to appear pro re
sons by leave
of the Court.
natú in the stead of any of the said parties as his or their representative
in the premises.
Special privileges 6. Nothing herein contained shall affect the privileges of exclusive audience and
ofthe Attorney
Generalreserved.
preaudience, which Her Majesty's Attorney General or other counsellor for the Crown
hath or may have by virtue of his said office or of Her Majesty's warrant.
Order of prece
dence. 7. The order of precedence amongst practitioners in the law shall be in this wise :
The barristers shall rank according to their respective seniorities next after the said
Attorney General or junior counsellor for the Crown (if any) , and the attornies accord
ing to their respective seniorities next after the junior barrister.
When to be de 8. Without prejudice to the said order of precedence, every legal practitioner shall
scribed as barris
ter, and when as at every step in any proceeding describe himself, and be described on the record and
attorney.
otherwise, as barrister or as attorney, according to the truth of the case, and the capa
city in which he may be then acting.
Barristers and 9. No barrister acting in his capacity of attorney shall instruct or authorize any
attornies incapa
citated toinstruct
as barristers in other legal practitioner to appear for him as barrister, and no attorney acting as such
certain cases.
shall instruct or authorize any other attorney to appear for him as barrister ; and in all
such cases the instructions and authority shall be absolutely null and void.
Unqualified prac 10. The penalties contained in Ordinance No. 13 of 1856 , section 13, are hereby
titioners.
extended to every person not being a practitioner in the law, who shall act or practise
as such, or who shall claim or receive any reward, compensation , or gratification what
soever, from any other person, for or on pretence of introducing him to any such prac
titioner, or taking the advice or securing the services of any such practitioner, upon the
said last mentioned person's behalf : and in all other respects the said section is hereby
confirmed and made applicable to this Ordinance.
Damages for neg 11. Any legal practitioner shall be liable to damages in respect of his crassa negli
ligence.
gentia, misconduct, or fraud, at the suit of his client or any other person who may have
sustained damage thereby.
Deceit or collu 12. Any legal practitioner who is guilty of deceit or collusion , or consents thereto,
sion.
with intent to deceive a Court, Judge, or party to any such proceeding as aforesaid, is
punishable for a misdemeanour ; and the party (if any ) injured thereby shall be entitled
either upon his conviction of such misdemeanour, or else by action or suit, to recover
from the offender treble damages for the same.
Definitions : 13. In the construction of this Ordinance, and of all Ordinances relating to legal
" Barrister."
" Attorney." practitioners, the word " Barrister " shall also mean " Serjeant-at-Law," " Advocate,"
"Counsellor-at- Law," " Certificated Conveyancer," and " Special Pleader ; " and the
word " Attorney " shall also mean " Solicitor," " Writer, " " Proctor," and " Notary.”
[ Repealed by Ordinance No. 13 of 1862. ]
ORDINANCE No. 13 OF 1858. 435
Chinese Passenger Ships.
No. 13 of 1858.
An Ordinance for the continuance of the heretofore existing Regulations
respecting Chinese Passenger Ships ; and in the case of British Ships ,
respecting the Treatment of the Passengers therein while at Sea,
and for making Regulations in addition thereto .
21st October, 1858. ]
HEREAS it is desirable to make further provision , in addition to that made by Preamble.
WH the " Chinese Passengers ' Act, 1855 ," for the regulation of Chinese passengers'
ships, and in the case of British ships, for the treatment of the passengers therein
while at sea, with a view to the better securing the health of passengers in such ships :
Be it enacted and ordained, by His Excellency the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :
Existing regn'a
1. No Chinese passenger ship shall clear out or proceed to sea on any voyage of tions to continue
in force.
more than seven days' duration, without strictly conforming in every respect with the
regulations contained in schedule (A) annexed to the " Chinese Passengers' Act, 1855,"
and heretofore in force under the second section of the said Act : Provided always,
that for voyages to places eastward of the Cape of Good Hope or on the West Coast of
America, a Chinese medical practitioner, properly qualified to the satisfaction of the
Emigration Officer, shall be considered a surgeon in terms of the said schedule in all
cases where a properly qualified European or American surgeon is not found ready to
take medical charge of the ship on the payment of such remuneration as to the
Emigration Officer shall appear reasonable.
Hospital accom
2. In every Chinese passenger ship, there shall be a sufficient space properly modation to be
provided.
divided off to the satisfaction of the Emigration Officer at the port of clearance, to be
used exclusively as a hospital or hospitals for the passengers ; this space shall be under
the poop, or in the round-house, or in any deck-house which shall be properly built
and secured to the satisfaction of such Emigration Officer, or on the upper passenger
deck, and not elsewhere , and shall in no case be less than eighteen clear superficial
feet for every fifty passengers which the ship shall carry. Such hospitals shall be fitted
with bed places, and supplied with proper beds, bedding , and utensils, to the satisfaction
of the Emigration Officer at the port of clearance, and throughout the voyage kept so
fitted and supplied .
Space for hos
3. In the measurement of the passenger decks, poop, round-house, or deck - house, pital to be includ
ed in measure
for the purpose of determining the number of passengers to be carried in any Chinese ment of capacity
for passengers.
passenger ship, the space for the hospital shall be included .
4. No Chinese passenger ship shall clear out or proceed to sea on any voyage as Passengers and
crew to be
examined before
aforesaid, until some medical practitioner shall have certified to the Emigration Officer, sailing by some
inedical practi
and the said Emigration Officer shall be satisfied, that none of the passengers or crew tioner.
appear, by reason of any bodily or mental disease, unfit to proceed, or likely to endan
ger the health or safety of other persons about to proceed , in such vessel : and a
medical inspection of the passengers for the purposes of giving such certificate, shall
436 ORDINANCES Nos . 13 AND 14 OF 1858.
Chinese Passenger Ships. Appropriation.
take place either on board the vessel, or, at the discretion of the said Emigration
Officer, at such convenient place on shore, before embarkation, as he may appoint ; and
the master, owner, or charterer of the ship, shall pay to such medical practitioner a
sum at the rate of twenty-five Mexican dollars, for every hundred persons so examined :
Provided, that in case the Emigration Officer on any particular occasion shall be unable
to obtain such certificate as aforesaid, or the attendance of a medical practitioner
within a reasonable time, or without payment of an inspection fee at a higher rate
than that hereby ordained , then it shall be lawful for the said Emigration Officer to
dispense with such medical inspection as aforesaid, and to satisfy himself by his own
personal examination, (for which he shall receive the fee hereinbefore ordained to be
paid, ) of the fit sanitary state of the crew and passengers : Provided also, that all fees
received under this section by the Emigration Officer or Colonial Surgeon of Hongkong,
shall be within three days after the receipt thereof paid over by the officer receiving
them into the Treasury, to the use of the Crown .
Certificate not to 5. No Emigration Officer shall give the certificate required by the " Chinese Pas
begranted unless
sanitary regula ' sengers' Act, 1855," in respect of any Chinese passenger ship, unless he be satisfied as
tions are com
plied with.
aforesaid with the hospital accommodation therein provided, and with the sanitary
state of the crew and passengers .
Suspending 6. This Ordinance shall not come into operation until Her Majesty's confirmation
clause.
thereof shall have been proclaimed in this Colony by His Excellency the Governor.
[Confirmation never proclaimed. Repealed by Ordinance No. 4 of 1887. ]
No. 14 of 1858 .
An Ordinance to authorize the application of a Sum not exceeding
Twenty-five Thousand Pounds, to defray the Supplementary
contingent Charges of the Year 1858 .
[ 1st November , 1858. ]
Preamble. HEREAS it has become necessary to make further provision for the public
W service of the Colony, for the year 1858, in addition to the charge upon the
revenue for the service of the said year already provided for in the Estimates submitted
to the Legislative Council : Be it enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, as
:
follows :
Supplementary 1. A sum not exceeding twenty-five thousand pounds shall be and the same is
Estimates, 1858.
hereby charged upon the revenue of this Colony for the services mentioned in the
schedules A, B, and C, to this Ordinance annexed , in addition to all sums heretofore
lawfully charged upon the said revenue on any account whatsoever.
ORDINANCE No. 14 OF 1858 . 437
Appropriation.
SCHEDULE (A.)
To which this Ordinance refers.
Amounts to be | Gross Amount
Head of Service. Voted. of Vote.
COLONIAL SECRETARY, - £ 8. d. £ s. d.
5222898
3rd Clerk, 37 0
4th Do. , 34 0
boac
5th Do. , ……………………................... 52 10 0
Extra Clerk ,. ……………………………………………………………………. ………......... 159 4
Interpreter, …………………………………………………….. 60 0
Stationery,... ……………….......……………. ......... 15
Printing,........ 35
392 14 9
COLONIAL TREASURER,
000
2nd Clerk, 30 0
3rd Do.. 52 10
1st Shroff, 11 5
93 15 0
AUDITOR GENERAL ,
Temporary Clerk,.... 27 14 8
27 14 S
CLERK OF COUNCILS,
01
8∞
Clerk of Councils , ....... 100 0
Temporary Clerk,........ 20 16
120 16 8
SURVEYOR GENERAL,
Assistant Engineer and Clerk of Works, 150 O 0
2nd Clerk,. …………… .. 52 10 0
Inspector of Nuisances, ........ ... ******………………….. 22 0 0
Extra Clerks, ………………………. 101 3 10
325 13 101
REGISTRAR GENERAL ,
34000000bsspo96
2nd European Clerk, 33 12
Sub-Collector of Police Rate, ......... 16 13
Tepo of Sei-ying-poon, 12 10
99 Sheong-wan, 18 15
99 Tai-ping-shan, 12 10
99 Cheong-wan, ****** 18 15
?? Ha-wan, .... 12 10
21 Wong-nei-chcong,. 3 2
99 Soo-koan-poo .. 9 7
99 Show-ke-wan, 6 5
39 Sai-wan, 3 2
"" Shea-ko, ……………………………….. 3 2
29 Ty-tam-took, .... …………….... 3 2
19 Stanley, ......... …………………....... 9 7
79 Heongkong, ... *****... ....... ……………………................. 3 2
:9 Aberdeen , ……………………............. …………………………………........... 12 10
19 Pok-foo- lum, *****........ ……………...... *****.... 3 2
181 10 7
HARBOUR MASTER,
2008
300N
1st Clerk, 54 13
2nd Do., ******* ………………...... 40
Acting Clerk, …………………………………….. 75
Indian Interpreter, ******* ......... 14 11
184 4,10
MARKETS,
2 Extra Constables,. 30 0 0
30 0 0
SUPREME COURT, --
Bailiff, ...... 50 0
Under Do. , ……………………….. ........... 12 10 0
Clerk (special), 25 0 0
87 10 0
MEDICAL. --
Colonial Surgeon,. ……………… ******... 398 0 9
Dispenser, ……………………………………….. 45 0
443 0 9
Carriedforward, .£ 1,887 1 2
438 ORDINANCE No. 14 OF 1858 .
Appropriation.
SCHEDULE , (A .) - Continued.
Amounts to be Gross Amount
Head of Service. Voted. of Vote.
L 8. d. £ 8. d.
Brought forward,.. 1,887 1 2
CHIEF MAGISTRATE,
3229
60co
0008
1st Clerk, 33
2nd Do., .... 52 10
3rd Do., 50
European Usher, ...... 45
180 16 0
ESTABLISHMENT OF THE LOCK HOSPITAL,
Cooo088
Surgeon,.. 180 O
Apothecary, ....... ......... 75 0
Matron, ……………... …………..... 25 0
Cook, ………….. 12 10
Coolie,.. .......... .......... • ......... 12 10
House Rent, …………………………….. 180 11
Incidental and Contingent Expenditure, ………….. 170 12 2
665 3 10
TOTAL ESTABLISHMENTS ,.. 2,733 1 8
EXPENSES OF THE CALDWELL COMMISSION, 494 7 6 494 7 6
TOTAL,... .£ 3,227 9 2
Amounting in all to three thousand two hundred and twenty-seven pounds, nine shillings, and
two pence.
SCHEDULE ( B.)
To which this Ordinance refers.
Report & Gross Amount
Estimate. Head of Service. of Vote.
£ 8. d.
20 of 1857 Reconstruction of Central Market, ......... 4,527 6 64
Sup. Do. Completion of the Alteration of Central Market, 1,024 0 0
21 Do. Erection of Market Sheds, East and West, 3,268 13 61
24 Do. Alteration , &c . , of Western Market........ 1,966 1 4
Paid to G. Duddell for Western Market, 1,875 0 0
:.
25 Do. Erection of Two Slaughter Houses, 2,073 11 6
TOTAL, ....£ 14,734 12 11
Amounting in all to fourteen thousand seven hundred and thirty-four pounds, twelve shillings,
and eleven pence.
ORDINANCES Nos. 14 AND 15 OF 1858 . 439
Appropriation. Appropriation.
SCHEDULE (C.)
To which this Ordinance refers.
Gross Amount
Report & Estimate. Service.
of Vote.
Nos. Buildings. £ 8. d.
1 of 1848. Erection of Government House , &c . , ...... 89 6 3
18 of 56, 10 of 57 , 1 of 58, 2 of 58, 5 of 446 12 11
58, & 13 of 58. Sundry Works to Government Buildings,
31 of 57, & 3 of 58. Erection of Police Stations, 418 8 81
7 of 58. Do. Chinese School Houses, ... 125 0 0
Roads.
11 of 55, 17 of 55, 1 of 57 , 4 of 58, & 17 Construction of Roads, &c., at Victoria,... 2,217 14 4
of 58.
2 of 56, 22 of 57, 23 of 57, 26 of 57, 28
of 57, 29 of 57 , 30 of 57 , 14 of 58, & 16 Repairs of Roads, &c. , at Victoria, ........ 906 1 11
of 58.
16 of 55. Formation of Roads out of Victoria, 463 13 11
15 of 58. Repairs of Roads out of Victoria, 5 10 3
Drains.
5 of 56, 15 of 57 , 27 of 57 , 11 of 58 , & 12 Construction of Drains in Victoria, 970 3 71
of 58.
10 of 55, 8 of 58, 9 of 58, 10 of 58, & 19 of 58. Do. Culverts, &c., in and ) 917 13 9
about Victoria, ...
Sundry Works.
8 of 56, & 17 of 57. Tanks in case of Fire, and Waters to l 348 19
Police Station, 51
s
4 of 57, & 6 of 58. Planting Trees in Victoria, 43 2 2
TOTAL,.........£ 6,952 6 6
Balance availablefrom Report & Estimate 9 of56, asprovided in the Estimates of1858, 18 0 8
Gross amount to be provided for in Excess, £ 6,934 5 10
Amounting in all to six thousand nine hundred and thirty-four pounds, five shillings, and ten pence.
[ Repealed by Ordinance No. 4 of 1887. ]
No. 15 of 1858.
An Ordinance to apply a Sum not exceeding Seventy -six Thousand
Pounds to the Public Service of the Year 1859 .
[ 8th December, 1858. ]
HEREAS the expenditure required for the service of this Colony for the year Preamble.
W 1859, has been estimated at the sum of seventy-five thousand nine hundred and
440 ORDINANCE No. 15 of 1858 .
Appropriation.
eight pounds , five shillings, and five pence : Be it enacted and ordained by the Honourable
the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
-:
Estimates, 1859. 1. A sum not exceeding seventy-six thousand pounds shall be and the same is hereby
charged upon the revenue of this Colony for the service of the year 1859 , and the said
-:
sum so charged shall be expended as hereinafter specified, that is to say :
CIVIL ESTABLISHMENTS , £ s. d.
The Governor, ...... 450 0 0
Lieutenant-Governor, ……
... 2,250 0 0
Colonial Secretary, 3,298 6 8
Colonial Treasurer, ... 1,905 0 0
Auditor General, 1,365 0 0
Surveyor General, 2,520 0 0
Clerk of Councils, .... 210 0 0
Registrar General, 2,642 0 0
Harbour Master and Emigration Officer, 2,022 10 0
JUDICIAL ESTABLISHMENT, ..... 6,745 0 0
ECCLESIASTICAL Do., ………………………. 800 17 0
CHARITABLE ALLOWANCES , ... 100 0 0
EDUCATIONAL ESTABLISHMENT , 1,500 0 0
MEDICAL Do., 2,330 0 0
CHIEF MAGISTRATE, 3,304 10 0
POLICE, 12,477 0 0
GAOLS , ... 3,785 0 0
PENSIONS , RETIRED ALLOWANCES , AND GRATUITIES , .... 100 0 0
MISCELLANEOUS SERVICES , 100 0 0
WORKS AND BUILDINGS, .......... 20,790 12 0
ROADS , STREETS , AND BRIDGES ,........ 6,912 9 9
SPECIAL EXPENSES , &c ., ………………….. 300 0 0
£75,908 5 5
Special appro 2. That out of the sum of twenty thousand seven hundred and ninety pounds and
priation of sume
for works and
buildings. twelve shillings, so authorized as aforesaid to be expended, during the year 1859, on
works and buildings, the sum of five thousand pounds shall be expended on certain works
already planned under direction of the Surveyor General, for the purpose of carrying out
engagements long since entered into between the Government and certain marine
lot -holders, for the completion of the public way in front of the Lower Bazaar and
Central Market.
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCES Nos . 1 ", 2 AND 3 OF 1859. 441
Regulation of Chinese-Amendment. Penal Servitude.
Supreme Court- Practitioners in Law.
No. 1 of 1859 .
An Ordinance to amend Ordinance No. 8 of 1858.
[ 20th January, 1859. ]
HEREAS it is desirable to put some limit on the selection of the localities to Preimb`e.
W which persons may be deported from this Colony under the provision of Ordi
nance No. 8 of 1858 : Be it enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
:
Limit to locali
1. That no person who shall be deported by His Excellency the Governor in Council, ties tole selected
for deportation
under the twenty -eighth section of Ordinance No. 8 of 1858 , shall be deported to any under Ordinance
No. 8 of 1858.
place other than the native country of such person, without such person's free will and
consent.
[ Repealed by Ordinance No. 7 of 1859. ]
No. 2 of 1859.
An Ordinance to amend Ordinance No. 10 of 1858 .
[ 20th January, 1859. ]
HEREAS it is desirable to amend Ordinance No. 10 of 1858 : Be it enacted and Preamble.
W ordained by His Excellency the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :--
1. That the fourth section of Ordinance No. 10 of 1858 be, and the same is hereby Section 4 of
Ordinance No. 10
repealed . of 1858 repealed.
[ Repealed by Ordinance No. 4 of 1887. ]
No. 3 of 1859.
An Ordinance to amend Ordinances No. 3 and No. 12 of 1858 .
[ 18th May, 1859. ]
HEREAS it is desirable to amend Ordinances No. 3 of 1858 , and No. 12 of 1858 Preamble.
W" respectively : Be it enacted and ordained by His Excellency the Acting
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. Nothing in Ordinance No. 12 of 1858 shall operate to extend the list of persons Qualification for
practitioners in
authorized by Ordinance No. 6 of 1845 to be admitted to practise in the Supreme Court law.
of Hongkong, in any capacity.
2. Section 3 of Ordinance No. 3 of 1858 is hereby amended, by substituting for Period of Court
vacation
the word " August," the word " September," and for the word " October " the word changed.
"November."
[ Repealed by Ordinance No. 11 of 1863, and by Ordinance No. 4 of 1887. ]
442 ORDINANCE No. 4 OF 1859 .
Appropriation.
No. 4 of 1859 .
An Ordinance to apply a Sum not exceeding Ninety Thousand Pounds
to the Public Service of the Year 1860 .
[ 21st November , 1859. ]
Preamble. THEREAS the expenditure required for the service of this Colony for the year 1860 ,
W has been estimated at the sum of eighty-nine thousand six hundred and twenty
five pounds, eighteen shillings, and eight pence : Be it enacted and ordained by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council.
thereof, as follows :
Estimates, 1860. A sum not exceeding ninety thousand pounds shall be and the same is hereby charged
upon the revenue of this Colony for the service of the year 1860, and the said sum so
charged shall be expended as hereinafter specified, that is to say :
CIVIL ESTABLISHMENTS :— £ S. d.
The Governor, 3,300 0 0
Colonial Secretary ,.. 3,050 0 0.
Colonial Treasurer,.... 1,785 0 0
Auditor General, 1,550 0 0
Surveyor General, 2,570 0 0
Clerk of Councils, 205 0 0
Registrar General, 1,994 10 0
Harbour Master and Emigration Officer, 2,002 10 0
Police Rate Collector, ...... 672 10 0.
JUDICIAL ESTABLISHMENT, …………………………. 6,585 0 0
ECCLESIASTICAL ESTABLISHMENT, 800 17 0
CHARITABLE ALLOWANCES , …………………….. 50 0 0
EDUCATIONAL ESTABLISHMENT, . 1,542 10 0
MEDICAL ESTABLISHMENT, ........ 3,362 11 8
CHIEF MAGISTRATE, ........ 3,320 0 0
POLICE, 12,980 10 0
GAOLS, ...... ..... 3,305 0 0
PENSIONS , RETIRED ALLOWANCES AND GRATUITIES , ... 150 0 0
MISCELLANEOUS SERVICES ,... 50 0 0
WORKS AND BUILDINGS , …………….... 22,550 0 O
ROADS, STREETS, AND BRIDGES,... 17,500 0 0
SPECIAL EXPENSES , &c.,....... 300 0 0
£89,625 18 8
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCES Nos . 5 AND 6 OF 1859 . 443
Appropriation. Chinese Passenger Ships.
No. 5 of 1859 .
An Ordinance to authorize the appropriation of a Supplementary Sum
not exceeding Four Thousand Pounds, to defray the charges of the
Year 1859.
[ 26th December , 1859. ]
HEREAS it has become necessary to make further provision for the public service Preamble.
WH of the Colony for the year 1859, in addition to the charge upon the revenue for
the service of the said year already provided for in the Estimates submitted to the Legis
lative Council : Be it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :—
1. A sum not exceeding four thousand pounds shall be, and the same is hereby, Supplementary
Estimates, 1859.
charged upon the revenue of this Colony for the service of the year 1859, and the said
sum so charged shall be expended as hereinafter specified, that is to say :
CIVIL ESTABLISHMENTS : £ S. d.
The Governor, 792 6 10
Auditor General, 274 6 2
Registrar General, 12 6 9
MEDICAL ESTABLISHMENT, 404 12 3
POLICE, ....... 1,568 4 4
PENSIONS, RETIRED ALLOWANCES , AND GRATUITIES , ... 262 3 10
TRANSPORT, .... 506 13 4
SPECIAL EXPENSES , 148 1 7
£3,968 15 1
[ Repealed by Ordinance No. 4 of 1887. ]
No. 6 of 1859.
An Ordinance for providing Hospital Accommodation on board Chinese
Passenger Ships , and for the Medical Inspection of the Passengers
and Crews about to proceed to Sea in such Ships.
[ 26th December, 1859. ]
HEREAS it is desirable to provide for the allocation of a space on board Preamble.
W Chinese passenger ships, for the purposes of a bospital or sick bay, and also
for the medical inspection of the passengers and crews on board such ships, with a 1
444 ORDINANCE No. 6 OF 1859.
Chinese Passenger Ships .
view to the better securing the health of passengers therein : Be it enacted and
ordained, by His Excellency the Governor of Hongkong, with the advice of the Legis
lative Council thereof, as follows :
Hospital accom 1. In every Chinese passenger ship there shall be a sufficient space properly
modation to be
provided divided off to the satisfaction of the Emigration Officer at the port of clearance, to be
used exclusively as a hospital or sick bay for the passengers ; this space shall be either
under the poop, or in the round - house, or in any deck-house which shall be properly
built and secured to the satisfaction of such Emigration Officer, or on the upper pas
senger deck, and not elsewhere, and shall in no case be of less dimensions than eigh
teen clear superficial feet for every fifty passengers which the ship shall carry. Such
and properly hospitals shall be fitted with bed places, and supplied with proper beds, bedding, and
fitted up.
utensils, to the satisfaction of the Emigration Officer at the port of clearance, and
shall throughout the voyage be kept so fitted and supplied .
Space for hos 2. In the measurement of the passenger decks, for the purpose of determining
pital to be inclu
ded in measure
ment of capa the number of passengers to be carried in any Chinese passenger ship, the space for
city for passen the hospital shall be included .
gers.
Passengers and 3. No Chinese passenger ship shall clear out or proceed to sea on any voyage of
crew to be exa
inined before
sailing, by some more than seven days ' duration , until some medical practitioner shall have certified to
medical practi
tioner. the Emigration Officer, and the said Emigration Officer shall be satisfied , that none of
the passengers or crew appear, by reason of any bodily or mental disease, unfit to
proceed or likely to endanger the health or safety of other persons about to proceed
in such vessel ; and a medical inspection of the passengers for the purposes of giving
such certificate shall take place either on board the vessel, or, at the discretion of the
said Emigration Officer, at such convenient place on shore, before embarkation, as he
may appoint ; and the master, owner, or charterer of the ship, shall pay to such medi
cal practitioner a sum at the rate of twenty-five current dollars, for every hundred
persons so examined : Provided, that in case the Emigration Officer on any particular
occasion shall be unable to obtain such certificate as aforesaid , or the attendance of a
medical practitioner within a reasonable time, or without payment of an inspection
fee at a higher rate than that hereby ordained, then it shall be lawful for the said
Emigration Officer to dispense with such medical inspection as aforesaid, and to sa
tisfy himself by his own personal examination , (for which he shall receive the fee
hereinbefore ordained to be paid, ) of the fit sanitary state of the crew and passengers :
Provided also, that all fees received under this section by the Emigration Officer, or
Colonial Surgeon of Hongkong, shall be, within three days after the receipt thereof,
paid over by the officer receiving them into the Treasury, to the use of the Crown.
Certificate not 4. No Emigration Officer shall give the certificate required by the " Chinese Pas
to be granted
unless the pro sengers ' Act, 1855, " in respect of any Chinese passenger ship, unless he be satisfied as
visions hereof
shall have been
complied with. aforesaid with the hospital accommodation in such ship provided, and with the sanitary
state of the crew and passengers thereto belonging.
ORDINANCES Nos. 6 AND 7 OF 1859 . 445
Chinese Passenger Ships. Deportation of Mendicants.
5. This Ordinance shall not come into operation until Her Majesty's confirmation Suspending
clause.
thereof shall have been proclaimed in this Colony by His Excellency the Governor.
6. In the interpretation of this Ordinance the term " Chinese Passenger Ship" Interpretation
clause.
shall have the same meaning as is attached thereto under the Act of the Imperial
Parliament passed in the eighteenth and nineteeth years of the reign of Her present
Majesty, known as the " Chinese Passengers ' Act , 1855. ”
7. This Ordinance may be cited for any purpose whatever under the name of the Short title of
Ordinance.
"Chinese Passengers' Health Ordinance. "
[ Confirmation Proclaimed 21st May, 1860. Repealed by Ordinance No. 5 of 1874. ]
No. 7 of 1859 .
An Ordinance to amend the Provisions of Ordinance No. 8 of 1858 , re
specting the Deportation of Mendicants .
[ 26th December, 1859. ]
HEREAS it is desirable to amend the provisions, in Ordinance No. 8 of 1858 Preamble.
W contained, respecting the deportation of mendicants from this Colony, and to
embody the law respecting such deportation in one Ordinance : Be it enacted and or
dained by His Excellency the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
1. That from and after the passing of this Ordinance, Ordinance No. 1 of 1859, Repeal of No. 1
of 1859, and of
part of No. 8 of
and also so much of Ordinance No. 8 of 1858 as provides that persons convicted of 1858.
mendicancy in the public streets shall, if His Excellency in Council shall so decide, be
deported to any place in the Chinese Empire or elsewhere, shall be, and the same are
hereby, repealed .
2. That any offender under section 23 of Ordinance No. 8 of 1858 shall, in addi Offenders maybe
deported to their
native country .
tion to the punishment for such offence provided by the said Ordinance, be deported to
his native country, or, with the consent of such offender, to any other place, if His Ex
cellency the Governor shall so decide.
[ Repealed by Ordinance No. 9 of 1864. ]
446 ORDINANCES Nos . 1 AND 2 OF 1860 .
Conditional Pardons. Jurors and Witnesses.
No. 1 of 1860 .
[See Ords. No. 7
of 1870, and No. 5 An Ordinance empowering His Excellency the Governor to grant
of 1871.]
Conditional Pardons in certain cases.
[ 3rd March, 1860. ]
Preamble. HEREAS it is expedient to empower His Excellency the Governor to grant
W conditional pardons, in accordance with the terms of the Royal Charter of the
Colony of Hongkong : Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong , with the advice of the Legislative Council thereof, as
follows :
Governor may 1. It shall be lawful for His Excellency the Governor to grant to any offender
grant pardons
subject to condi convicted of any crime, a pardon subject to either of the following conditions, as the
tion of offenders
leaving the
Colony, &c. case may be ; that such offender shall quit the Colouy of Hongkong and not afterwards
be found at large therein ; or, that such offender shall, in lieu of the sentence of death
which may have been passed upon or recorded against him, by any Court of competent
jurisdiction , suffer such term of imprisonment or penal servitude as His Excellency may
think fit.
Offenders who 2. Should any offender to whom a pardon has been granted on condition of his
have received a
conditional quitting the Colony be afterwards found at large therein, contrary to such condition it
pardon if found
in the Colony
may be commit shall be lawful for any Police officer to apprehend such offender and convey him before
ted for the re
mainder of their a Magistrate, who shall make out a warrant, under his hand and seal, for the
originalsentence.
recommitment of such offender to prison, there to undergo the residue of his original
sentence, as if no pardon had been granted . [ Repealed by Ordinances Nos. 7 and 16 of
1870 and by No. 5 of 1871.]
[All repealed by Ordinances Nos. 8 of 1876, & 8 of 1882. ]
No. 2 of 1860 .
An Ordinance to amend the Law relating to Jurors and Wit
nesses .
[ 3rd March, 1860. ]
E it enacted and ordained by His Excellency the Governor of Hong
BE
kong, with the advice of the Legislative Council thereof, as
follows :
ORDINANCE No. 2 or 1860 . 447
Jurors and Witnesses.
1. Every person not being a Christian who may be sunmoned to Persons not
being Chris
serve as a juror in any case, whether civil or criminal, may, in lieu of tians sum
moned to
the form of oath now required to be taken, make the following decla serve on juries
may make
ration : declaration
in lieu of
" I ( A. B. ) do solemnly, sincerely and truly declare, that I will oath.
hearken to the evidence, and a true verdict give, to the
best of my skill and knowledge, without fear, favour or
affection . "
2. Every person not being a Christian, who may be summoned or appear to give Witnesses not
being Christians
evidence in any proceeding, civil or criminal, may, in lieu of an oath, make the follow may make de
claration in lieu
ing declaration, which shall be duly interpreted to every witness ignorant of the Eng of oath.
lish language :
"I (A. B.) do solemnly, sincerely and truly declare, that the evidence which
I am about to give shall be the truth, the whole truth, and nothing but
the truth." [Repealed by Ordinance No. 2 of 1889. ]
3. Every person not being a Christian, who shall make any affidavit, information, Persons not
being Christians
deposition or testification , shall , in lieu of an oath, make and subscribe the following making attida
vits, &c., to make
declaration : declaration
in lieu of cath.
"I hereby solemnly and sincerely declare, that the contents of this my [affi
davit, information , deposition or testification , as the case may be] are
true." [Repealed by Ordinance No. 2 of 1889. ]
4. Section 5 of Ordinance No. 7 of 1857 shall be and is hereby repealed, and in Sec. 5 of No. 7
of 1857 repealed.
lieu thereof be it enacted, that if any person making or subscribing any solemn de Persons making
false declara
tions, &c. to be
claration hereby provided as a substitute for an oath, shall wilfully, falsely and cor guilty of perjury.
ruptly declare or subscribe any matter or thing which if the same had been sworn
would have amounted to wilful and corrupt perjury, every such person so offending
shall incur the same penalties as by any Law or Ordinance in force within this Colony
is, or which may be provided or enacted for the punishment of any person committing
wilful and corrupt perjury. [ Repealed by Ordinance No. 2 of 1889. ]
5. Every jury list in force within the Colony shall contain the surnames of all Jury list.
men who shall be qualified and liable to serve ou juries, together with the Christian.
or other names by which such persons are usually known , whether such names shall
have been delivered in writing in accordance with section 2 of Ordinance No. 3 of
1855, or have been inserted therein by the sheriff or by the Governor and Legislative
Council. [Repealed by Ordinance No. 11 of 1864. ]
6. So much of section 11 of Ordinance No. 4 of 1851 as provides that the persons Special jurors
not liable to
marked off and designated as special jurors shall be liable to serve both as special and serve on any
common jury.
common jurors , shall be and is hereby repealed ; and be it enacted in lieu thereof,
that special jurors shall be exempt from serving on any common jury. [ Repealed by
Ordinance No. 11 of 1864.]
448 ORDINANCE No. 3 OF 1860.
Pawnbrokers.
No. 3 of 1860 .
An Ordinance for amending and consolidating the Law respect
ing Pawnbrokers.
[ 16th April, 1860. ]
it enacted and ordained by His Excellency the Governor of Hong
BE
kong, withthe advice of the Legislative Council thereof, as follows :
Repeal of 1. Ordinance No. 11 of 1858 is hereby repealed, and also sections
Ordinance
No.11 of 1858 , 17 , 28 , 29 , and 30 , of No. 14 of 1845 , so far as the same concern or relate
and certain
sections of to pawnbrokers .
No. 14 of 1845.
Pawnbrokers' 2. No person shall use or exercise the trade or business of a pawn
licences.
broker unless he be then the holder of a pawnbroker's licence .
Licences to be
3. Every such licence shall be granted by and at the discretion of
granted by
the Governor His Excellency in Executive Council , on such conditions , touching fees or
in Council.
otherwise, as shall be deemed meet ; and the same shall endure for one
year only, but may be renewed at the like discretion from year to year.
Pawnbrokers 4. No such pawnbroker shall , during the continuance of his said
to carry on no
other trade on licence, carry on any other trade or occupation in his place of business as
the same pre
mises. such pawnbroker, except that of pawnbroking, and the sale of pledges
forfeited under the provisions of this Ordinance.
Name and 5. He shall cause to be painted and kept painted in large and legible
calling of
pawnbroker English letters and Chinese characters , over the door of his said place of
to be painted
over place of business, his name at length, and after his name the word " Pawnbroker."
business.
Inspection of 6. He shall, whensoever thereunto required by the Superintendent
goods, books,
& c. of Police, or any Inspector of Police, or by any other member of the Police
Force bearing a written order in that behalf under the hand of the said
Superintendent, produce for the inspection of the party so requiring him
all or any goods pledged or deposited with him, and all books and papers
relating to the same.
Interest on 7. Over and above the principal monies lent upon any goods , pawned
loans.
or pledged with the lender, he may demand , receive, and take from the
person applying to redeem the said goods, before re-delivering the same,
interest for the month, and every fractional part of a month, after such
rate as shall have been agreed upon at the time of the making of the said
loan ; which said principal monies and interest shall be taken in full satis
faction of all charges for or incident to the loan to which the same relate :
Provided nevertheless, that the first month's interest shall be deemed to
ORDINANCE No. 3 OF 1860. 449
Pawnbrokers.
be due on the first day of the first month, and may be deducted from the
amount of loan agreed upon.
8. Before any monies shall be advanced on any such loan as afore Books to be
kept by
said , the lender thereof shall enter or cause to be entered in a book to be pawnbrokers.
by him kept for that purpose, and to be called " The General Book," a
fair and legible statement according to the form in the schedule (A )
hereunto annexed.
9. The lender shall at the time of making any such loan as aforesaid Ticket to be
given by
deliver to the borrower a ticket , containing a true and legible statement pawnbroker
to the
according to the form in the schedule (B ) hereunto annexed. borrower.
10. In order to entitle any person to redeem from the lender or his Production of
goods on re
representatives the goods pledged, the ticket must be returned to the lender delivery of
ticket.
or his representatives by the person applying to redeem the goods, except
as provided for in section 13 of this Ordinance.
11. On the tender of any such ticket as aforesaid , together with the The goods t
be given up to
full amount then due for principal and interest, if made within three months any person
producing the
from the day of the making of the loan , or within the further term allowed ticket.
by section 15 , it shall be the duty of the lender or his representatives to
deliver up to the person tendering the ticket the goods described therein .
12. The section next preceding shall not extend to cases where , at Exceptional
cases.
or previously to such tender , the lender or his representatives shall have
had from the borrower, or the owner of the said goods, notice not to
deliver the same, or shall have had knowledge or notice that the same
have been, or are suspected to have been, unlawfully obtained from , or
lost by the owner ; nor to tickets as to which the borrowers shall have
taken such proceedings as are provided by the section next immediately
following : in all which cases it shall be the duty of the lenders or their
representatives to withhold the goods.
13. Upon the application of any person representing himself to be Provision for
cases of lost
the borrower or the owner of the said goods or ticket , as the case may be, goods or
ticket.
and to have lost or been unlawfully deprived of the same, it shall be the
duty of the lender, or his representatives , if the goods be still unredeemed
or unsold , forthwith to deliver to such applicant a copy of the entry in
the General Book, and the said applicant shall immediately thereupon
proceed to the Court hereinafter mentioned , and obtain an appointment
there for the purpose of verifying by lawful evidence the truth of such
representation ; And if he shall verify the same to the satisfaction of the
450 ORDINANCE No. 3 of 1860.
Pawnbrokers.
Court within seven days then next following, and shall obtain a certificate
to that effect, endorsed upon the said copy, it shall be the duty of the
lender or his representatives, upon the copy so endorsed being delivered by
the said applicant, to deliver unto him according to the circumstances of
the case, and as the Court shall order, another ticket or the goods , either
with or without payment of the principal monies or interest, or both prin
cipal and interest, as the Court shall direct.
Search war 14. It shall be the duty of a Stipendiary Magistrate upon lawful
rants.
evidence being given to his satisfaction , that there are probable grounds
for believing that any goods have been pawned without the privity of their
owner , to issue his warrant for searching any place where the goods shall
appear to him to be ; and if any of the goods shall upon such search be
discovered, it shall be the duty of the person executing the warrant to
take them or cause them to be taken into safe keeping to abide the order
of the Court.
Unredeemed 15. Subject to the provisions hereinbefore contained , goods pawned
goods to
become the as aforesaid shall from and after the expiration of three months , if the
property of
the pawn same are then still unredeemed , become and be the property of the lender
broker.
or his representatives absolutely. Provided nevertheless , that if at the
expiration of three months the borrower shall be desirous of continuing
the loan for a further period not exceeding three months, he shall be
entitled so to do on paying the interest then due ; and an entry to this
effect shall be made in the book and endorsed on the ticket.
Applicants 16. Every person applying to borrow shall, at the time of his appli
for loans to
give true cation in that behalf, give to the pawnbroker to whom such application is
accounts of
themselves , made true information to enable him to comply with the requirements of
the goods, &c. sections 8 and 9 ; And every person applying to redeem goods , or for a
copy of an entry shall , at the time of his application , give to the person to
whom such application is made a full and true account of himself, his
name, his place of abode, the name and place of abode of the owner, and
No unauthor of the circumstances under which his application is made ; And no person
ized person
or other than
owner to shall pawn, or attempt to pawn, the goods of any other person without
pledge any being duly authorized or employed in that behalf.
goods.
Duty to seize 17. Any pawnbroker to whom any application is made to borrow or
and deliver
into custody redeem, or for a copy of an entry who shall have reasonable cause to suspect
applicants for
loans not giv any unlawful practice on the part of the applicant in any of the above
ing true ac
counts . cases , is hereby required to seize and detain such applicant, and empower
ed to call in the aid of any other person for that purpose ; and every
ORDINANCE No. 3 of 1860 . 451
Pawnbrokers.
person so seized shall , with all reasonable speed , be delivered into the
custody of a Police constable who is hereby required to convey him before
a Magistrate.
18. Pawnbrokers and their representatives shall be liable to make Liabilities of
pawnbrokers.
good all loss or damage accruing to borrowers in the cases following,
that is to say :
1. Where the goods pawned have been stolen , embezzled , lost ,
or otherwise improperly disposed of, before the period for
the redemption thereof shall have elapsed.
2. Where the goods , before the said period has elapsed , shall ,
by the default, neglect or misfeasance of the lenders, their
representatives or servants , have been destroyed, damaged
or impaired in value .
In any of the said cases the Court shall allow and award an amount
in satisfaction of such loss or damage from which shall be deducted the
amount of principal and interest then due, in respect of such goods.
19. No pawnbroker shall receive any goods in pawn from any one No loans to
persons under
under the age of ten years. ten years of
age.
20. It shall not be lawful for any pawnbroker to receive in pawn Property of
the Crown not
any goods having upon them any mark or sign denoting them to be, or to be taken in
pawn.
to have been, the property of the Crown , or of any public department.
21. No goods shall be pawned or redeemed before six of the clock Hours of bu
siness.
in the morning, or after eight of the clock in the night .
22. All adjudications, and certificates under this Ordinance, shall Jurisdiction
of the Court
be summarily had and granted by the Court of Petty Sessions , * and of Petty
Sessions.
enforced according to the laws for the time being in force, for regulating Abolished
by Ord. No. 6
the said Court and its practice. of1862. ]
23. Every person purchasing, receiving , or taking in , any goods Pawnbroker
defined.
and paying money for , or advancing money upon, the same, to an amount
not exceeding five hundred current dollars , with or under any under
taking, agreement , or condition , express , implied , or reasonably inferrible,
from the nature or character of the dealing, or the usage in respect thereof,
that the said goods in whole or part may be afterward redeemed or re
purchased upon any terms soever, shall be deemed to be a pawnbroker
within the meaning of this Ordinance.
24. For offences against this Ordinance , there shall be imposed the Penalties.
-
penalties following, that is to say :
452 ORDINANCE No. 3 OF 1860 .
Pawnbrokers.
1. For every offence against sections 2, 4, 5, 6, and sections.
8 to 13 , both inclusive, a fine not exceeding two hundred
current dollars , together with the forfeiture of the offender's
licence if the Court shall so direct .
2. For every offence against section 16 , the penalty of impri
sonment with or without hard labour for a term not exceed -
ing two years .
3. For every offence against section 17 , or section 19 , a fine not
exceeding fifty current dollars, together with ( if the Court
shall so direct ) the forfeiture of the licence .
4. For every offence against section 20, a fine not exceeding five
hundred current dollars, and forfeiture of the licence , if the
Court shall so direct .
5. For every offence against section 21 , a fine not exceeding
one hundred current dollars .
Fines to be 25. All fines received or levied under this Ordinance, shall be paid
paid into
Colonial into the Colonial Treasury to the use ofthe Crown .
Treasury.
Right of ap 26. Nothing herein contained shall affect the right of appeal against
peal,
tion of the Su- any adjudication, nor the jurisdiction of the Supreme Court , nor any of
preme Court,
and laws re the laws relating to crimes or offences.
lating to
crimes , &c.,
SCHEDULE ( A. )
not affected.
FORM OF ENTRY IN BOOK.
The Month of Year of
No. of Day of the Place of abode of Description of Amount of Rate of
Loan. Chinese Month. Borrower. Borrower . Article. Loan. Interest.
NOTE.-Numbers of loans to continue through one month, and to commence anew with each
succeeding month.
SCHEDULE ( B. )
FORM OF PAWN TICKET.
A.B. , No. Street,
Pawnbroker.
( or A.B. & Co., No. Street),
Pawnbrokers.
The day of Month of Year of
Name and Abode of
No. of Loan. Description of Article. Amount of Loan. Rate of Interest. Borrower.
[ So much of the Ordinance as is inconsistent with Ordinance No. 13 of 1867
repealed by Ordinance No. 13 of 1867. ]
ORDINANCES Nos. 4 AND 5 OF 1860 . 453
Bankers Cheques - False Pretence. Imperial Acts Extension - Repeal.
No. 4 of 1860 .
An Ordinance to amend the Law relating to Cheques or Drafts on Bank
ers, and to amend the Law of False Pretences .
[ 16th April, 1860. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
Β΄ advice of the Legislative Council thereof, as follows :--
1. That so much of Ordinance No. 3 of 1857 as extends to this Colony the Act Repeal ofportion
of Ordinance No.
19th and 20th Victoria, Cap . 25 , entitled " An Act to amend the Law relating to 3 of1857.
Drafts on Bankers," is hereby repealed.
2. If any person shall obliterate, add to , or alter any crossing upon any banker's Persons obliter
ating. &c. cross
cheque or draft with intent to defraud , or offer, utter, dispose of, or put off with intent ing with intent
to defraud, guilty
of felony.
to defraud, any cheque or draft on a banker, whereon such fraudulent obliteration ,
addition, or alteration has been made, knowing it to have been so made, such person
shall be guilty of felony, and being convicted thereof, shall be liable to penal servitude
for life, or to such other punishment as is provided for those guilty of forgery of bills
of exchange.
3. If any person shall by any false pretence obtain the signature of any other Any person ob
taining a signa
person to any bill of exchange, promissory note, or any valuable security, with intent ture to a bill of
exchange, &c. by
false pretences,
to cheat or defraud , every such offender shall be guilty of a misdemeanour, and being guilty of misde
meanour.
convicted thereof, shall be liable, at the discretion of the Court, to be sentenced to
penal servitude for the term of four years , or to suffer such other punishment by fine or
imprisonment, or by both, as the Court shall award.
[ Repealed by Ordinance No. 11 of 1865. ]
No. 5 of 1860 .
An Ordinance for repealing Ordinance No. 5 of 1858.
[30th April, 1860. ]
HEREAS it is expedient and necessary to provide by distinct le
WH gislative measures for the various objects embraced by Ordinance
No. 5 of 1858 ; and, in order to establish such legislation on a proper
basis, it is necessary to repeal the said Ordinance : Be it therefore enacted
and ordained by His Excellency the Governor of Hongkong, with the
----
advice of the Legislative Council thereof :
1. That Ordinance No. 5 of 1858 be, and the same is henceforth and Repeal of Or
dinance No.
hereby repealed . 5 of 1858.
454 ORDINANCE No. 6 OF 1860.
Ordnance Estates.
No. 6 of 1860 .
An Ordinance for transferring to One of Her Majesty's Principal
Secretaries of State the Powers and Estates vested in the
Principal Officers of the Ordnance.
[30th April, 1860. ]
Preamble. HEREAS Her Majesty the Queen hath thought fit to revoke the
W
Letters Patent of some of the Principal Officers of Her Majesty's
Ordnance, and by other Letters Patent to transfer to one of Her
Majesty's Principal Secretaries of State the administration of the depart
ment the duties of which were previously executed by the said Principal
Officers of Her Majesty's Ordnance : And whereas it is expedient that the
several powers and authorities at any time heretofore given to or vested
in and exercisable by, and the lands, hereditaments , estates and property,
at any time heretofore purchased , taken , used, occupied , and vested in
the Principal Officers of Her Majesty's Ordnance , and all title , estate , and
interest therein respectively, should be also transferred from the said
Principal Officers , and vested in one of Her Majesty's Principal Secretaries
of State: Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong , with the advice of the Legislative Council thereof,
――――
as follows :
Powers, & c., 1. All the powers, authorities , rights, and privileges whatsoever,
vested in the
Principal which by virtue of any Act or Acts of the Imperial Parliament, or of the
Officers of the
Ordnance Colonial Legislature, or of any other law, custom, or usage whatsoever,
transferred to
Her Majesty's have been or were at any time vested in or exercisable by the Principal
Secretary of
State for the Officers of Her Majesty's Ordnance, or any of them, shall from hence
War Depart
ment. forth continue in full force, and shall be and the same are hereby declared
to be transferred to and vested in and exercisable by Her Majesty's
Principal Secretary of State for the time being to whom Her Majesty
shall think fit to entrust the Seals of the War Department, and such last
mentioned Principal Secretary of State shall be entitled to the same
exemption from personal responsibility as the said Principal Officers were
entitled to.
All lands, &c. , 2. All lands , hereditaments , estates, and property whatsoever which
vested in such
officers, vested by virtue of any Act or Acts of the Imperial Parliament, or of the
in the said
Secretary of Colonial Legislature , or of any conveyance, surrender, lease, or other
State.
assurance, or of any law, custom, or usage whatsoever, before and at the
ORDINANCE No. 6 OF 1860. 455
Ordnance Estates.
time of the revocation by Her Majesty hereinbefore mentioned were
vested in the Principal Officers of the Ordnance, on behalf of Her Ma
jesty, or which have been at any time before the passing of this Ordi
nance held , used , or occupied , or purchased, vested , or taken , by or in the
name of or by any person or persons in trust for Her Majesty, for the
use and service of the said department or for the defence and security of
the realm , and which have not been sold , aliened , or parted with, shall
from henceforth be and the same are hereby declared to be transferred to
and vested in the last - mentioned Principal Secretary of State for the time
being, on behalf of Her said Majesty ; and when and so often as the said
last-mentioned Principal Secretary of State, and any succeeding Principal
Secretary of State to whom Her Majesty shall have intrusted the Seals of
the War Department , shall cease to hold such office , the said several lands ,
hereditaments , estates , and property, and all lands , hereditaments , estates ,
and property which hereafter shall be purchased or otherwise acquired by
any such last - mentioned Principal Secretary of State for the time being ,
on behalf of Her said Majesty , shall by virtue of this Ordinance be
absolutely divested out of such Secretary of State so ceasing to hold such
office as aforesaid, and shall by virtue of this Ordinance be transferred
to and vested in his successor in the said office, immediately upon his
receiving the Seals of the said department, absolutely ; and the said lands ,
hereditaments , estates , and property hereby vested and hereafter to be
vested in the said last-mentioned Principal Secretary of State and his
successor shall , as to such of them as were or shall have been purchased ,
or are or shall be held for an estate of inheritance in fee simple, be so
vested in such last- mentioned Principal Secretary of State and his succes
sors in the same manner as if the fee simple thereof had been originally
conveyed to such Principal Secretary of State as a corporation sole and
his successors ; and as to all lands, hereditaments, and property purchased
or held for any less estate than an estate of inheritance in fee simple, as if
the same lands, hereditaments, and property had been originally conveyed ,
surrendered , demised , or otherwise assured to such Principal Secretary of
State as a corporation sole, and his successors , for all the existing estates
or interests therein respectively, and so from time to time.
3. All contracts , covenants, and agreements heretofore made or Contracts,
made by
entered into by any person or persons whomsoever with the said Principal the Principal
Officers rela
Officers of the Ordnance , or any person or persons on their behalf, as to ting to the
456 ORDINANCE No. 6 OF 1860.
Ordnance Estates.
public service or concerning any lands , hereditaments , estates , and property vested in
to be enforced
by such Se or agreed to be purchased by the said Principal Officers, or in anywise
cretary of
State. relating to the public service, shall be deemed and taken to have been
inade or entered into with such Principal Secretary of State as last
aforesaid, and shall be executed and enforced by him in like manner as if
he had originally been party thereto instead of the said Principal Officers
of the Ordnance ; and all proceedings whatsoever which have been or
might or may have been commenced , taken , or done in the names of the
said Principal Officers, on behalf of Her Majesty, shall and may hereafter
be commenced , continued , taken , and done in the name of such Principal
Secretary of State as aforesaid , in like manner ( in the case of proceedings
already commenced , taken , or done, ) as if he had originally been party
thereto, instead of the said Principal Officers of the Ordnance.
Such Secre 4. In every contract, conveyance , surrender, lease, or other assurance
tary of State
to be describ of any lands, hereditaments , estates or property, with, unto, or by the
ed in convey
ances, &c., last-mentioned Principal Secretary of State for the time being, and in
as "Her
Majesty's every other deed or instrument relating to any lands, hereditaments ,
Principal
Secretary of estates, or property, or in anywise to the public service, to which the
State for the
War Depart last-mentioned Principal Secretary of State for the time being shall be or
ment."
shall be intended to be a party, it shall be sufficient to call or describe
him by the style or title of " Her Majesty's Principal Secretary of State
for the War Department ," without naming him ; and every such contract,
conveyance, surrender, lease, assurance, deed, or instrument may be
executed by such last-mentioned Principal Secretary of State, or by any
other of Her Majesty's Principal Secretaries of State for the time being,
by signing his name thereto, and if the instrument so executed be in the
form of a deed, by setting or affixing a seal thereto and delivering the
same as his deed ; and whenever any contract, conveyance, surrender,
lease, assurance, deed or instrument shall be executed by any other
Principal Secretary of State than the Principal Secretary of State for the
War Department, the Principal Secretary of State so executing the same
shall for that time and on that occasion , and for the purposes thereof, be
deemed to be the Principal Secretary of State for the War Department.
ORDINANCE No. 7 OF 1860 . 457
Imperial Rules, &c. of Court - Extension.
No. 7 of 1860 .
An Ordinance to extend to this Colony certain Rules and Orders
of the Superior Courts at Westminster.
[ 30th April, 1860. ]
E it enacted and ordained by the Governor of Hongkong , with the
advice of the Legislative Council thereof, as follows :
1. The rules , orders , and regulations of the Superior Courts ofWest Rules, &c. to
be extended to
minster, respectively specified in the schedule hereunto annexed , are this Colony.
hereby (mutatis mutandis) extended to this Colony.
SCHEDULE.
Extent of operation intended
Date of the Rule or Subject matter ofthe
Order. Rule or Order. to be hereby given to the
Rule or Order.
Rule of Court, Michael Writs issued under the The whole of the Rule.
mas Term 1855. Bill of Exchange Proce
dure Act, 1855.
Orders of Court of 30th Decrees and Entries. The whole of the Orders 1 , 2 , and 3 .
November, 1855.
Rule of Court of the Service of Pleadings and The whole of the Rule.
8th May, 1856. Proceedings at Law.
General Orders of Business to be disposed of The whole of the Orders.
the 12th November , at Chambers.
1856.
The like of the 15th Leases and Sales of set- The whole of the Orders.
November, 1856. tled Estates.
General Order of the Service of Writs and Pro- The whole of the Order.
2nd February, 1857 . ceedings in Equity.
Rule of Court of the Notice as to Costs endorsed The whole of the Rule.
23rd April, 1857 . on Writs of Summons on
Contracts under £20.
General Orders of the Attachment and Seques- The whole of Order 1 .
18th July, 1857. tration.
Regulation of the 8th Conduct of business at The whole of the Regulations, ex
August, 1857. Chambers. cept so far as they require pro
ceedings to be printed .
458 ORDINANCE No. 8 OF 1860 .
Probate and Administration.
No. 8 of 1860.
[See Ords. An Ordinance to amend the Law in relation to the Grant and
No. 9 of 1870,
and No. 10 of Revocation of Probates of Wills and Letters of Administra
1886.]
tion in Hongkong.
[30th April, 1860. ]
Preamble.
WHEREAS it is expedient to amend the law in relation to the grant
and revocation of probates of wills and letters of administration
.
within the Colony of Hongkong : Be it therefore enacted and ordained by
His Excellency the Governor of Hongkong, with the advice of the Legis
lative Council thereof, as follows :----
Repeal of 1. Sections 16 to 22 both inclusive of Ordinance No. 6 of 1845 shall
certain
sections of be and the same are hereby repealed .
No. 6 of 1845 .
Interpre 2. In the construction of this Ordinance unless the context be in
tation of
terms. consistent with the meaning hereby assigned.
" Will " shall comprehend " Testament " and all other testa
mentary instruments of which probate may now be or might at
any time heretofore have been granted .
" Administration " shall comprehend all letters of adminis
tration of the effects of deceased persons , whether with or with
out the will annexed, and whether granted for general , special,
or limited purposes .
" Matters and Causes Testamentary " shall comprehend all
matters and causes relating to the grant and revocation of probate
of wills or of administration.
" Common Form Business " shall mean the business of
obtaining probate and administration where there is no contention
as to the right thereto , including the passing of probates and
administrations through the Court of Probate in contentious.
cases when the content is terminated , and all business of a non
contentious nature to be taken in the Court in matters of testacy
and intestacy , not being proceedings in any suit, and also the
business of lodging caveats against the grant of probate or ad
ministration .
Testamentary 3. The voluntary and contentious jurisdiction and authority in rela
jurisdiction
to be exer tion to the granting or revoking probate of wills and letters of adminis
cised by the
tration of the effects of deceased persons , together with full authority to
ORDINANCE No. 8 of 1860 . 459
Probate and Administration.
hear and determine all questions relating to matters and causes testamen Supreme
Court.
tary, shall belong to and be vested in and be exercised in the name of
Her Majesty by the Supreme Court of Hongkong which shall for the
purposes of this Ordinance be deemed a Court of Probate and shall be a
Court of Record, and shall have the same powers, and its grants and orders
shall have the same effect, in Hongkong and in relation to the personal
estate in Hongkong of deceased persons, as the Supreme Court and its
grants and orders respectively now have or hitherto have had in relation
to matters and causes testamentary and effects of deceased persons within
the jurisdiction of the said Supreme Court ; and all duties which are or
have been imposed on or should be performed by the Supreme Court, in
respect of probates , administrations , or matters or causes testamentary
shall be performed by the said Court under the Probate Jurisdiction hereby
created : Provided that no suits for legacies, or suits for the distribution
of residues, shall be entertained by the said Court in its Probate Jurisdic
tion.
4. No officer or clerk of the said Supreme Court in its Probate Juris No officer
under this
diction shall during the time of his holding such office directly or indirectly Ordinance to
act as
practise as an advocate , barrister, proctor, solicitor , or attorney , or receive advocate, &c.
or participate in the fees of any other person so practising.
5. The Judge shall cause a seal to be made for the said Court in its Seal of Court
to be
Probate Jurisdiction and may cause the same from time to time to be provided.
broken , altered , and renewed at his discretion ; and all probates , letters of
administration , orders and other instruments, and exemplifications and
copies thereof, respectively, purporting to be sealed with such seal shall be
received in evidence without further proof thereof.
6. The said Court may require the attendance of any party in person , Power to
examine
or of any person whom it may think fit to examine or cause to be exa witnesses.
mined in any suit or other proceedings in respect of matters or causes
testamentary, and may examine or cause to be examined upon oath ,
declaration or affirmation , ' as the case may require parties and witnesses by
word of mouth and may, either before or after or with or without such
examination cause them or any of them to be examined on interrogatories ,
or receive their or any of their affidavits, declarations or solemn affirma
tions , as the case may be : And the Court may by writ require such
attendance, and order to be produced before itself or otherwise any deeds, As to produc
tion of deeds,
evidences, or writings , in the same form, as nearly as may be as that in & c.
460 ORDINANCE No. 8 OF 1860 .
Probate and Administration.
which a writ of subpoena ad testificandum or of subpoena duces tecum , is
now issued by the said Court in its Common Law Jurisdiction, and every
person disobeying any such writ shall be considered as in contempt of the
Court and also be liable to forfeit a sum not exceeding one hundred pounds.
Power to en 7. The said Court shall have the like powers, jurisdiction , and
force orders.
authority for enforcing the attendance of persons required by it as afore
said , and for punishing persons failing , neglecting, or refusing to produce
deeds, evidences, or writings , or refusing to appear or to be sworn or make
affirmation or declaration or to give evidence , or guilty of contempt, and
generally for enforcing all orders , decrees, and judgments made or given
by the Court under this Ordinance and otherwise in relation to the mat
ters to be inquired into and done by or under the orders of the Court
under this Ordinance as are by law vested in the said Supreme Court for
such purposes in relation to any suit or matter depending in the said Court
in its Equitable or Common Law Jurisdiction .
Order to
8. The said Court may, on motion or petition , or otherwise, in a
produce any
instrument summary way whether any suit or other proceeding shall or shall not be
purporting to
be testamen pending in the Court with respect to any probate or administration , order
tary.
any person to produce and bring into the Registry or otherwise as the Court
may direct, any paper or writing being or purporting to be testamentary,
which may be shown to be in the possession or under the control of such
person : And if it be not shown that any such paper or writing is in the
possession or under the control of such person , but it shall appear that
there are reasonable grounds for believing that he has the knowledge of
any such paper or writing, the Court may direct such person to attend
for the purpose of being examined in open Court, or upon interrogatories
respecting the same, and such person shall be bound to answer such
questions or interrogatories , and , if so ordered , to produce and bring in
such paper or writing, and shall be subject to the like process of contempt
in case of default in not attending or in not answering such questions or
interrogatories, or not bringing in such paper or writing, as he would
have been subject to in case he had been a party to a suit in the Court
and had made such default ; and the costs of any such motion , petition , or
other proceeding shall be in the discretion of the Court.
Registrar. &c. 9. The Registrar and any other persons whom the Judge shall, under
to have power
to administer the seal of the Court, from time to time appoint shall respectively have
oaths.
full power to administer oaths and declarations and perform such other
ORDINANCE No. 8 of 1860 . 461
Probate and Administration.
duties in reference to matters and causes testamentary as may be assigned
to them from time to time by any rules and orders under this Ordinance
and the Commissioners for taking oaths in the said Court in its Common
sioners.
Law and Equitable Jurisdiction shall be Commissioners for taking oaths
and declarations in the said Court in its Probate Jurisdiction .
10. In cases where it is necessary to obtain affidavits, declarations, or affirmations Affidavits, &c.
before whom to
to be used in the said Court in its Probate Jurisdiction from persons residing in foreign be made when
persons making
them reside in
parts the same may be sworn, declared , or affirmed before the persons empowered to foreign parts.
administer oaths under the Act of the 6th Geo. IV. c. 87 or under the Act of the 18th
and 19th Vict . c. 42 : Provided that in places where there are no such persons as are
mentioned in the said Acts, such affidavits , declarations, or affirmations may be made,
declared, and affirmed before any foreign local Magistrate or other person having
authority to administer an oath . [ Repealed by Ordinance No. 1 of 1861 and new section
substituted.]
11. Affidavits, declarations, and affirmations to be used in the said Court in its Affidavits madein
British doi
Probate Jurisdiction may be sworn , made, and taken in any place out of the Colony of nions before
whom to be
sworn.
Hongkong under the Dominion of Her Majesty before any Court, Judge, Notary Public ,
or person lawfully authorized to administer oaths in such place: And all officers of
the said Court shall take judicial notice of the seal or signature, as the case may be, of
any such Court, Judge, Notary Public, or person which shall be attached, suspended ,
or subscribed to any such affidavit, declaration , or affirmation or to any other docu
ment. [ Repealed by Ordinance No. 1 of 1861 and new section substituted . ]
12. If any person forge the signature of any Registrar or Commis Penalty on
forging or
sioner for taking oaths or forge or counterfeit any seal of the said Court in counterfeit
ing seals or
its Probate Jurisdiction or forge or counterfeit any such seal or signature signature.
as in the last preceding section is mentioned or any seal or signature im
pressed, affixed , or subscribed under the provisions of the said Act ofthe
6th Geo. IV. cap . 87 or the 18th and 19th Vict . cap . 42 to any affidavit,
declaration, or affirmation to be used in the said Court in its Probate Ju
risdiction or willingly use or concur in using any such forged or counter
feit signature or seal or tender in evidence any document as aforesaid
with a false or counterfeit signature or seal knowing the same signature
or seal to be false or counterfeit, every such person shall be guilty of felony.
and shall upon conviction be liable to penal servitude for the term of his
life or any term not less than seven years or to imprisonment for any term
not exceeding three years with or without hard labour : And whenever
any such document has been admitted in evidence by virtue of this Act ,
the Court or the person who has admitted the same may at the request
of any party against whom the same is so admitted in evidence, direct
462 ORDINANCE No. 8 OF 1860 .
Probate and Administration.
that the same shall be impounded and be kept in the custody of some
officer of the Court or other proper person for such period and subject to
such conditions as to the said Court or person shall seem meet ; and every
person charged with committing any felony under this Act may be dealt
with, indicted , tried , and , if convicted , sentenced , and his offence may be
laid and charged to have been committed , and every accessory before or
after the fact to any such offence may be dealt with , indicted , tried , and ,
if convicted , sentenced , and his offence laid and charged to have been
committed in the said Colony of Hongkong.
Practice of
13. The practice of the said Court in its Probate Jurisdiction shall ,
the Court.
except where otherwise provided by this Ordinance or by the rules or
orders to be from time to time made under this Ordinance be so far as the
circumstances of the case will admit, according to the practice heretofore
prevailing in the said Court in its Ecclesiastical Jurisdiction .
Mode of 14. Subject to the regulations established or to be established by
taking
evidence in such rules and orders as aforesaid, the witnesses and where necessary the
contentious
matters. parties, in all contentious matters where their attendance can be had , shall
be examined orally by cr before the Judge in open Court : Provided
always , that, subject to any such regulations as aforesaid the parties shall
be at liberty to verify their respective cases , in whole or in part, by affi
davit, but so that the deponent in every such affidavit shall , on the appli
cation of the opposite party be subject to be cross -examined by or on
behalf of such opposite party orally in open Court as aforesaid, and after
such cross- examination may be re-examined orally in open Court as afore
said by or on behalf of the party by whom such affidavit was filed .
Court may
issue com 15. Provided , that when a witness in any such matter is out of the
missions or
jurisdiction of the Court, or when by reason of his illness or otherwise ,
give orders
for examina the Court shall not think fit to enforce the attendance of the witness in
tion of
witnesses open Court, it shall be lawful for the Court to order a commission to issue
abroad or who
are unable to for the examination of such witness upon interrogatories or otherwise , or
attend.
if the witness be within the jurisdiction of the Court, to order the examina
tion of such witness upon interrogatories or otherwise, before any officer of
the said Court, or other person to be named in such order for the purpose
[and all the powers given to the Courts of Law at Westminster by the Acts 13th Geo.
III. cap. 63 , and 1st Will. IV. cap. 22 , for enabling the Courts of Law at Westminster
to issue commissions and give orders for the examination of witnesses in actions depend
ing in such Courts, and to enforce such examination and all the provisions of the said
Acts, and of any other Acts for enforcing or otherwise applicable to such examination
ORDINANCE No. 8 OF 1860 . 463
Probate and Administration.
and the witnesses examined, shall extend and be applicable to the said Court in its
Probate Jurisdiction and to the examination of witnesses under the commissions and
orders of the said Court, and to the witnesses examined, as if such Court were one of
the Courts of Law at Westminster, and the matter before it were an action pending in
such Courts. Repealed by Ordinance No. 1 of 1861. ]
Rules of
16. The rules of evidence observed in the Supreme Court in its evidence to be
Common Law Jurisdiction shall be applicable to and observed in the trial observed as at
common law.
of all questions of fact in the said Court in its Probate Jurisdiction .
17. It shall be lawful for the said Court to cause any question of Court may
cause
fact arising in any suit or proceeding under this Ordinance to be tried by tions of fact
to be tried by
a special or common jury upon the application of any party or parties to a jury.
the proceeding made in that behalf.
18. When the Court shall order a question of fact to be tried by a Powers of the
Court for the
jury, the Court may make all such rules and orders upon the sheriff or trial of ques
tions by jury.
any other person for procuring the attendance of a special or common jury
for the trial of such question as may now be made by the Supreme Court
in its Common Law Jurisdiction , and may also make any other orders
which to such Court may seem requisite : And every such jury shall be
struck, summoned, ballotted for, and called in like manner as if such jury
were a jury for the trial of any cause in the said Supreme Court in its
Common Law Jurisdiction ; and every juryman so summoned shall be
entitled to the same rights, and subject to the same duties and liabilities ,
as if he had been duly summoned for the trial of any such cause in the
said Supreme Court and every party to any such proceeding shall be en
titled to the same rights as to challenge and otherwise as if he were a
party to any such cause : And generally for the purposes of or auxiliary
to the trial of questions of fact by a jury before the Court itself, and in
respect of new trials thereof, and also for the purposes in relation to or
consequential upon the direction of issues , the said Court in its Probate
Jurisdiction shall have the same jurisdiction , powers, and authority in all
respects as belong to the said Supreme Court in its Common Law or
Equitable Jurisdiction for the like purposes .
19. When any such question shall be so ordered to be tried by a Question to
be stated and
jury before the Court itself, such question shall be reduced into writing the jury
sworn to try
in such form as the Court shall direct , and at the trial the jury shall be it.
impanelled to try the said question , and a true verdict to give thereon
464 ORDINANCE No. 8 of 1860 .
Probate and Administration.
according to the evidence and upon every such trial the Court shall have
the same powers , jurisdiction , and authority as belong to the said Judge
of the said Supreme Court sitting at nisi prius.
The Judge 20. It shall be lawful for the Judge of the said Court for the time
may sit in
Chambers . being to sit in Chambers for the dispatch of such business of the said
Court under this Ordinance as can , in the opinion of the said Judge with
advantage to the suitors, be heard in Chambers : And the times at which
such sittings shall be held shall from time to time be fixed by the
Judge . Provided always that no question shall be heard in Chambers
which either party shall require to be heard in open Court.
Powers of 21. The Judge of the said Court when so sitting in Chambers shall
Judge when
sitting in have and exercise the same power and jurisdiction in respect of the busi
Chambers.
ness to be brought before him as if sitting in open Court.
Caveats. 22. Caveats against the grant of probates or administration may be
lodged in the Registry of the said Court in its Probate Jurisdiction and
( subject to any rules or orders under this Ordinance) the practice and
procedure under such caveats in the Court of Probate shall as near as may
be, correspond with the practice and procedure under caveats heretofore
in use in the said Supreme Court in its Ecclesiastical Jurisdiction .
Judge to 23. The Judge shall cause to be made from time to time in the Re
cause calen
dars to be gistry of the said Court in its Probate Jurisdiction , calendars of the grants
made from
time to time. of probate and administration therein for such periods as the Judge may
think fit, each such calendar to contain a note of every probate or admi
nistration with the will annexed granted within the period therein speci
fied, and also a note of every other administration granted within the same
period , such respective notes setting forth the dates of such grants, the
names of the testators and intestates, the place and time of death, the
names and descriptions of the executors and administrators, and the value
of the effects as set forth in any commission of appraisement and the ca
lendars to be so made shall be printed as the same are from time to time
completed.
Registrar to 24. The Registrar shall cause a copy of every calendar to be trans
transmit co
pies to cer mitted through the post to the Principal Registry of Her Majesty's Court
tain offices.
of Probate in England , to the Principal Registry of Her Majesty's Court
of Probate in Ireland, to the office of the Commissary of the County of
Midlothian in Edinburgh, and such other offices if any as the said Judge
shall from time to time by rule or order direct.
ORDINANCE No. 8 OF 1860 . 465
Probate and Administration.
Official copy
25. An official copy of the whole or any part of a will , or an official of whole or
certificate of the grant of any letters of administration , may be obtained part of a will
may be ob
from the Registry on the payment of such fees as shall be fixed for the tained .
same by the rules and orders under this Ordinance.
Administra
26. Pending any suit touching the validity of the will of any de
tionspendente
lite.
ceased person, or for obtaining, recalling, or revoking any probate or any
grant of administration , the Court may appoint an administrator of the
personal estate of such deceased person : And the administrator so ap
pointed shall have all the rights and powers of a general administrator ,
other than the right of distributing the residue of such personal estate :
And every such administrator shall be subject to the immediate control
of the Court and act under its direction .
27. All the provisions contained in this Ordinance respecting grants Administra
tion pending
of administration pending suit shall be deemed to apply to the case of suit to apply
to appeals.
appeals to Her Majesty in Council from any decision of the said Court in
its Probate Jurisdiction .
Remunera
28. It shall and may be lawful for the said Court to allow to any tion allowed
executor or administrator including administrators appointed pendente to executors
and adminis
lite as aforesaid such remuneration out of the estate of the deceased as trators.
shall be just and reasonable for their pains and trouble therein : Pro
vided always, that no allowance whatever shall be made to any executor
or administrator who shall neglect to pass his accounts at such time , or
to dispose of any monies, goods , chattels , or securities with which he
shall be chargeable in such manner as in pursuance of any rule or order
of the said Court shall be requisite.
29. Where any person after the commencement of this Ordinance Executors
renouncing
renounces probate of the will of which he is appointed executor or one of probate.
the executors , the rights of such person in respect of the executorship
shall wholly cease, and the representation of the testator and the admi
nistrator of the effects shall and may, without any further renunciation ,
go , devolve, and be committed in like manner as if such person had not
been appointed executor.
30. Where a person has died or shall die wholly intestate as to his Power as to
appointment
personal estate or leaving a will affecting personal estate but without of adminis
trator.
having appointed an executor thereof willing and competent to take pro
bate, or where the executor shall at the time of the death of such person
be resident out of the Colony of Hongkong, or where it shall appear to the
466 ORDINANCE No. 8 OF 1860 .
Probate and Administration .
Court to be necessary or convenient to appoint some person to be the ad
ministrator of the personal estate of the deceased or of any part of such
personal estate , other than the person who if this Ordinance had not been
passed would by law have been entitled to a grant of administration of
such personal estate , it shall be lawful for the Court, in its discretion , to
appoint such person as the Court shall think fit to be such administrator
upon his giving such security ( if any ) as the Court shall direct and every
such administration may be limited as the Court shall think fit.
An executor 31. Whenever an executor appointed in a will survives the testator
not acting or
not appearing but dies without having taken probate or being cited to take probate
to a citation
to be treated does not appear to such citation the right of such person in respect of the
as if he had
renounced.; executorship shall wholly cease and the representation to the testator
and the administration of his effects shall go , devolve, and be committed
in like manner as if such person had not been appointed executor.
*
Provisions of 32. The provisions of an Act passed in the twenty- eighth year of
38 Geo. III.
e. 87 extend His Majesty King George the Third, chapter eighty- seven , shall be ex
ed to all cases
of executors tended to all executors and administrators residing out of the jurisdiction
and adminis
trator resid of Her Majesty's said Supreme Court of Hongkong whether it be or be
ing out of
jurisdiction . not intended to institute proceedings on the Equity side of the said Su
[* Thirty preme Court and it shall be lawful to alter the language of the grant
eighth.]
prescribed by the said Statute so as to make it apply to grants made in
the said Supreme Court in its Probate Jurisdiction under this Ordinance.
After grant 33. After any grant of administration , no person shall have power
of adminis
tration no to sue or prosecute any suit, or otherwise act as executor of the deceased ,
person to
have power as to the personal estate comprised in or affected by such grant of ad
to sue as an
executor. ministration , until such administration shall have been recalled or revoked.
Revocation of 34. Where before the revocation of any temporary administration
temporary
grants not to any proceedings at Law or in Equity have been commenced in the said
prejudice ac
tions or suits. Supreme Court by or against any administrator so appointed , the Court
in its Probate Jurisdiction may order that a suggestion be made upon
the record of the revocation of such administration , and of the grant of
probate or administration which shall have been made consequent there
upon, and that the proceedings shall be continued in the name ofthe new
executor or administrator in like manner as if the proceeding had been
originally commenced by or against such new executor or administrator
but subject to such conditions and variations if any as the Court may
direct.
ORDINANCE No. 8 OF 1860 . 467
Probate and Administration.
35. Where any probate or administration is revoked under this Payments
under revoked
Ordinance, all payments bonâ fide made to any executor or administrator probates or
administra
under such probate or administration before the revocation thereof shall tions to be
valid.
be a legal discharge to the person making the same, and the executor or
administrator who shall have acted under any such revoked probate or
administration may detain and reimburse himself in respect of any pay
ments made by him which the person to whom probate or administra
tion , shall be afterwards granted might have lawfully made.
36. All persons making or permitting to be made any payment or Persons mak
ing payment
transfer bonâ fide upon any probate or letters of administration granted in upon probate
granted for
respect of the estate of any deceased person under the authority of this estate of de
ceased person
Ordinance shall be indemnified and protected in so doing , notwithstand to be indem
nified .
ing any defect or circumstance whatsoever affecting the validity of such
probate or letters of administration .
37. All non -contentious business pending in the Supreme Court at Non-conten
tious business
the date of this Ordinance shall be deemed to have been commenced pending to
be deemed
under this Ordinance. And all acts executed under the authority of the commenced
under this
said Court with reference to such business which would have been valid Ordinance.
if the hereby repealed sections of Ordinance No. 6 of 1845 were still in
operation shall be valid and all oaths sworn and bonds executed in man
ner required by the said Court in reference to such business prior to the
date hereof shall continue to have and be deemed to have had the same
force and effect in law as they would have had if sworn and executed in
pursuance of the provisions of this Ordinance, or of Ordinance No. 5 of
1858.
38. The Judge of the said Court shall have and exercise the same Power of
Judge to alter
power of altering and amending grants of probate and letters of admi grants of pro
bate and let
nistration made before the passing of this Ordinance as he has had or ters of admi
nistration
exercised before the date hereof. made prior
to this Ordi
nance.
39. From and after the decease of any person dying intestate and Between the
death of the
until letters of administration shall be granted in respect of his estate person de
ceased and
and effects, the personal estate and effects of such deceased person shall the grant,
the property
be vested in the Registrar of the said Supreme Court . to vest in the
Registrar.
40. Every person other than the Official Administrator to whom Administra
tors to give
any grant of administration shall be committed shall give a bond with bonds.
(if the Court shall require ) one or more surety or sureties conditioned
468 ORDINANCE No. 8 OF 1860 .
Probate and Administration.
for duly collecting, getting in, and administering the personal estate of
the deceased , which bond shall be in such form as the Judge shall from
time to time direct : Provided that it shall not be necessary for the
Superintendent of Police for the time being applying for or obtaining
administration of the estates of policemen dying in the Colony as herein
after provided for to give any such bond as aforesaid .
Amount of 41. Such bond shall be in a penalty of double the amount under
penalty of
bond. which the estate and effects of the deceased shall be sworn , unless the
Court shall in any case think fit to direct the same to be reduced , in
which case it shall be lawful for the Court so to do , and the Court may
also direct that more bonds than one shall be given so as to limit the
liability of any surety to such amount as the Court shall think rea
sonable.
Void or void 42. All grants of probates and administrations made before the date
able grants
of probates of this Ordinance which may be void or voidable by reason only that the
and letters
of adminis same were made under Ordinance No. 6 of 1845 , and all acts or things
tration.
done in respect thereof shall be as valid as if the same had been made
under Ordinance No. 5 of 1858 : Provided that any such grants of pro
bate or administration shall not be made valid by this Ordinance when
the same shall before the date hereof have been revoked or determined by
the Supreme Court to have been void ; nor shall this Ordinance prejudice
or affect any proceedings pending at the time of the passing of this Ordi
nance in which the validity of any such probate or administration shall
be in question : If the result of such proceeding shall be to invalidate
the same, such probate or administration shall not be rendered valid by
this Ordinance and if such proceedings abate or become defective by
reason of the death of any party, any person who but for this Ordinance
would have any right by reason of the invalidity of such probate or ad
ministration shall retain such right and may commence proceedings for
enforcing the same within six calendar months after the death of such
party.
Fees to be 43. The Chief Justice of the Supreme Court with the concurrence
taken by
officers of of the Legislative Council shall as soon as conveniently may be after the
Court, &c.
passing of this Ordinance fix a table or tables of fees to be taken by the
officers of the Court in its Probate Jurisdiction and the proctors,
solicitors , and attornies practising therein , in respect of business under
this Ordinance, and of fees to be payable in respect of searches, inspection,
ORDINANCE No. 8 OF 1860 . 469
Probate and Administration.
and for copies of and extracts from records , wills , and other documents in
the custody or under the control of the said Court, and the said Chief Justice
with such concurrence as aforesaid is hereby empowered, from time to
time after this Ordinance shall come into operation , to add to , reduce,
alter, or amend such table or tables of fees , as may seem fit : Provided
that every such table of fees , and every addition , reduction , alteration , or
amendment to , in , or of the same, shall be published in the Hongkong
Government Gazette, and no other fees than those specified and allowed
in such table of fees shall be demanded or taken by such officers , and
proctors , solicitors and attornies .
44. Persons employed in the Police Force of this Colony under the Adminis
tration to
rank of Inspector and dying here whilst so employed shall not be deemed deceased
Police
to be within the meaning of the foregoing sections of this Ordinance ; but constables.
the Superintendent of Police for the time being is hereby constituted the
Official Administrator of their estates and required to get in and
administer the same with the sanction of the Colonial Secretary, and
within one month after the decease of any such person to certify the same
and the amount in value of the estate and effects of such persons by
certificate under his hand to the Registrar of the Supreme Court for
registry in the said Court. And shall also pay over to the Colonial
Treasurer the balance of every such estate after payment of all lawful
claims Provided that it shall be lawful for the Colonial Secretary upon
the application of the Superintendent of Police at any time to sign an
order upon the Colonial Treasurer for the payment of the whole or any
part of such balance .
45. Where letters of administration have been or shall have been Payment of
money into
granted by the said Court the Official Administrator shall within one Treasury .
month after receiving any money belonging to any estate to the amount
of one hundred dollars clear of all just allowances and deductions pay the
same into the hands of the Colonial Treasurer for the time being to the
credit ofthe said estate, unless the Chief Justice upon a written statement
of facts shall report it will be more expedient for the said estate to be
otherwise held or disposed of. And such Treasurer shall receive from
the Official Administrator as aforesaid all such sums of money as he
shall tender to him and shall carry the same to the credit of such estates
as the said Official Administrator shall specify giving him at the same
time a receipt for the specific sums so paid in, and whenever the said
470 ORDINANCE No. 8 OF 1860 .
Probute and Administration.
Official Administrator shall have occasion to draw any sum of money out
of the hands of such Treasurer he shall apply by petition to the Chief
Justice at chambers for an order for the payment thereof stating in such
petition the purpose for which such money is required. And such
Treasurer shall not pay over any monies which may have been paid into
his hands as aforesaid without such order.
Official 46. The Official Administrator shall make out and furnish to the
Administra
tor to make Judge and to the Colonial Secretary half yearly returns according to the
half yearly
returns. form set out in the schedule hereunto annexed ofestates vested in him during
the preceding half year, and he shall from time to time pay into the
hands of the Colonial Treasurer for the time being the balances remaining
in respect of each estate immediately after the same shall have been closed .
[ Section 47 added by Ordinance No. 20 of 1885 relating to the administration
of the estates ofpersons who die at sea in the course of a voyage to Hongkong. ]
SCHEDULE .
Return of Estates of Intestates for the Half Year ending 18
AMOUNT RE
DEDUCTIONS BALANCE ON
NAME OF INTES CEIVED ON
FOR DISBURSE CLOSING Ac DISPOSAL OF
TATE. ACCOUNT OF
MENTS. COUNT . BALANCE.
THE ESTATE .
( Signed ) , A.B. ,
Official Administrator.
Hongkong, the day of 18
NOTE. - See also Ordinances No. 9 of 1870, Nos. 1 and 10 of 1886, No. 13 of 1890.
ORDINANCE No. 9 OF 1860 . 471
Fraudulent Trustees, &c.
No. 9 of 1860 .
An Ordinance to make better Provision for the Punishment of Frauds
committed by Trustees, Bankers , and other Persons intrusted with
Property.
[ 30th April, 1860. ]
HEREAS it is expedient to make better provision for the punishment of frauds Preamble.
committed by trustees, bankers, and other persons intrusted with property :
Be it enacted by His Excellency the Governor of Hongkong, with the advice of the
Legislative Council of Hongkong, as follows :
1. If any person being a trustee of any property for the benefit, either wholly or Trustees fraudu
lently disposing
partially, of some other person , or for any public or charitable purpose, shall , with of property guil
ty of a misde
intent to defraud, convert, or appropriate the same or any part thereof to or for his meanor.
own use or purposes, or shall, with intent aforesaid, otherwise dispose of or destroy
such property or any part thereof, he shall be guilty of a misdemeanor.
2. If any person being a banker, merchant, broker, attorney, or agent , and being Bankers, & c.
fraudulently se!
intrusted for safe custody with the property of any other person, shall, with intent to ling, &c., proper
ty intrusted to
their care, guilty
defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate to or of misdemeanor.
for his own use such property or any part thereof, he shall be guilty of a misdemeanor.
3. If any person intrusted with any power of attorney for the sale or transfer of Persons under
powers of attor
any property shall fraudulently sell or otherwise convert such property or any part ney fraudulently
selling property
guilty of misde
thereof to his own use or benefit, he shall be guilty of a misdemeanor. meanor.
4. If any person , being a bailee of any property, shall fraudulently take or convert Bailees frandu
lently converting
the same to his own use, or the use of any person other than the owner thereof, property to their
own use guilty
of larceny.
although he shall not break bulk or otherwise determine the bailment, he shall be
guilty of larceny.
5. If any person, being a director, member, public officer, or manager of any body Directors, & c.,
of any body cor
corporate or public company, shall fraudulently take or apply, for his own use, any of porate or public
company frau
dulently appro
the money or other property of such body corporate or public company, he shall be priating pro
perty ;
guilty of a misdemeanor.
6. If any person being a director, public officer, or manager of any body corporate Or keeping
frandulent
or public company, shall as such receive or possess himself of any of the money or accounts ;
other property of such body corporate or public company otherwise than in payment
of a just debt or demand , and shall, with intent to defraud, omit to make or to cause
or direct to be made a full and true entry thereof in the books and accounts of such
body corporate or public company, he shall be guilty of a misdemeanor.
7. If any director, manager, public officer, or member of any body corporate or Or wilfully de
stroying books,
public company shall, with intent to defraud, destroy, alter, mutilate, or falsify any of &c.;
the books, papers, writings, or securities belonging to the body corporate or public
company of which he is a director or manager, public officer, or member, or make or
472 ORDINANCE No. 9 OF 1860 .
Fraudulent Trustees, &c.
concur in the making of any false entry, or any material omission in any book of
account or other document, he shall be guilty of misdemeanor.
Or publishing 8. If any director, manager, or public officer of any body corporate or public
fraudulent
statements, guil company shall make , circulate, or publish, or concur in making , circulating, or publish
ty of misdemean
or.
ing, any written statement or account which he shall know to be false in any material
particular, with intent to deceive or defraud any member, shareholder, or creditor of
such body corporate or public company, or with intent to induce any person to become
a shareholder or partner therein, or to intrust or advance any money or property to
such body corporate or public company, or to enter into any security for the benefit
thereof, he shall be guilty of a misdemeanor.
Persons receiv 9. If any person shall receive any chattel, money, or valuable security which shall
ing property
fraudulently have been so fraudulently disposed of as to render the party disposing thereof guilty
disposed of,
knowing the of a misdemeanor under any of the provisions of this Ordinance, knowing the same to
same to have
been so, guilty
of misdemeanor. have been so fraudulently disposed of, he shall be guilty of a misdemeanor, and may
be indicted and convicted thereof, whether the party guilty of the principal misdemeanor
shall or shall not have been previously convicted, or shall or shall not be amenable to
justice.
Punishment for 10. Every person found guilty of a misdemeanor under this Ordinance, shall be
a misdemeanor
under this Or liable, at the discretion of the Court, to be kept in penal servitude for the term of
dinance.
three years, or to suffer such other punishment, by imprisonment for not more than
two years with or without hard labour, or by fine, as the Court shall award.
No person 11. Nothing in this Ordinance contained shall enable or entitle any person to
exempt from
answering ques refuse to make a full and complete discovery by answer to any bill in Equity or to
tions in any pro
ceedings in the
Supreme Court ; answer any question or interrogatory in any civil proceeding in the Supreme Court of
evidence not ad
missible in pro Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency
secutions under
this Ordinance . Jurisdiction thereof ; but no answer to any such bill, question , or interrogatory shall
be admissible in evidence against such person in any proceeding under this Ordinance.
No remedy at 12. Nothing in this Ordinance contained , nor any proceeding, conviction, or
Law or in Equity
shall be affected. judgment to be had or taken thereon against any person under this Ordinance, shall
prevent, lessen , or impeach any remedy at Law or in Equity which any party aggrieved
by any offence against this Ordinance might have had if this Ordinance had not been
Convictions shall passed ; but no conviction of any such offender shall be received in evidence in any
not be received
in evidence in action at Law or suit in Equity against him ; and nothing in this Ordinance contained
civil suits.
shall affect or prejudice any agreement entered into or security given by any trustee,
having for its object the restoration or repayment of any trust property misappropriated.
No prosecution 13. No proceeding or prosecution for any offence included in the first section, but
shall be con
menced without
the sanction of not included in any other section of this Ordinance, shall be commenced without the
the Attorney
General. sanction of the Attorney General.
If offence 14. If upon the trial of any person under this Ordinance it shall appear that the
amounts to lar
ceny, person not offence proved amounts to larceny, he shall not by reason thereof be entitled to be
to be acquitted
of a misdemean acquitted of a misdemeanor under this Ordinance.
or.
ORDINANCES Nos . 9 AND 10 OF 1860 . 473
Fraudulent Trustees, &c. Merchant Shipping- Fees.
15. In every prosecution for any misdemeanor against this Ordinance the Court Costs of prose
cutions.
may allow the expenses of the prosecution in all respects as in cases of felony .
16. Misdemeanors against this Ordinance shall be prosecuted or tried at the Su Misdemeanors
not triable at
preme Court only. l'etty Sessions.
17. The word " Trustee " shall in this Ordinance mean a trustee on some express Interpretation
of certain terins.
trust created by some deed , will, or instrument in writing , and shall also include the heir
and personal representative of any such trustee, and also all executors and adininistra
tors, liquidators under the Joint Stock Companies Acts of the Imperial Parliament
and all assignees in bankruptcy and insolvency :
The word " Property " shall include every description of real and personal pro
perty, goods, raw or other materials, money, debts, and legacies, and all deeds and
instruments relating to or evidencing the title or right to any property, or giving a writ* [* right.]
to recover or receive any money or goods ; and such word " Property " shall also denote
and include not only such real and personal property as may have been the original
subject of a trust, but also any real or personal property into which the same may have
been converted or exchanged, and the proceeds thereof respectively, and anything ac
quired by such proceeds.
[ Repealed by Ordinance No. 11 of 1865. ]
No. 10 of 1860.
An Ordinance to establish and regulate certain Fees to be taken for
Duties to be performed under the Merchant Shipping Act, 1854.
[ 12th May, 1860. ]
HEREAS it is expedient to fix a tariff of fees to be levied and taken in the Preamble.
W Colony of Hongkong in respect of certain duties to be performed under " The
Merchant Shipping Act, 1854 " : Be it enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. That the respective fees specified in the schedule hereunto annexed shall be Fees specified in
schedule to be
levied.
paid and taken, and may be sued for, by the officer for the time being discharging the
duties of Principal Officer of Customs in Hongkong under the provisions ofthe Merchant
Shipping Act, 1854, as the lawful fees for the discharge of the respective duties therein.
specified.
2. All fees levied under this Ordinance shall be paid in current dollars, and shall Fees to be paid
in dollars and to
be accounted for
be paid by the officer receiving them into the Colonial Treasury. to Colonial
Treasury.
474 ORDINANCES Nos . 10 AND 11 OF 1860 .
Merchant Shipping- Fees. Marine Court of Inquiry.
SCHEDULE.
Matter or Duty in Respect of which the Fee is to be taken.
Amount of Fee.
Effecting an Imperial Register and granting certificate thereof,. $10
Copy from Registry Book, ........... 5
For every declaration made in any of the forms B, C, F , G, H or L in the schedule to the 1
Merchant Shipping Act, 1854,…………………………….
Endorsing a memorandum of change of master upon certificate of registry, 1
Granting a provisional certificate of registry, 5
Recording a mortgage of a ship, or shares in a ship made under a certificate of mortgage, ... 5
Recording the transfer of a mortgage of a ship, or shares in a ship made under a certificateĮ 5
of mortgage, .....
Recording the discharge of a mortgage of a ship or shares in a ship made under a certificate 5
of mortgage,
For every sale of a ship or shares in a ship under a certificate of sale,. 5
For every alteration in agreements with seamen, 1
For certifying a desertion, 1
For attesting a seaman's will, ......... 1
For examining provisions or water ( to be paid by the party failing to support his case) , ……………. 5
[ Repealed by Ordinance No. 8 of 1879. ]
No. 11 of 1860 .
An Ordinance to constitute a Marine Court of Inquiry in Hongkong.
[ 10th July, 1860. ]
Preamble. HEREAS it is expedient to constitute a tribunal within this Colony with author
WH ity to make inquiry into charges of incompetency or misconduct on the part
of masters and mates of ships, and as to casualties affecting ships : Be it, therefore,
enacted and ordained by His Excellency the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :
Constitution of
Marine Court. 1. It shall be lawful for the Governor, from time to time, and whensoever occa
sion shall arise or require, by warrant under his hand and seal, to appoint five persons
to form a Court, which shall be called " The Marine Court ; " and such Court shall
[* See Ord. No. 6 consist of the Chief Magistrate, and Harbour Master, for the time being, an un-official
of 1862.]
Justice of the Peace, and two other persons, who shall be both, or either of them,
Government Marine Surveyors, or master mariners.
Cases in which 2. In any of the cases following, (that is to say, ) whensoever a charge of incompe
inquiries are to
be instituted by tency or misconduct shall be brought by any person against any master or mate of a
such Court.
British ship ;
Whenever any ship is lost, abandoned, or materially damaged, on or near the
coasts of the Colony of Hongkong ;
ORDINANCE No. 11 OF 1860 . 475
Marine Court of Inquiry.
Whenever any ship causes loss or material damage to any other ship on or
near such coasts ;
Whenever, by reason of any casualty happening to or on board of any ship
on or near such coasts , loss of life ensues ;
Whenever any such loss, abandonment, damage, or casualty happens else
where and any competent witnesses thereof arrive or be found at any
place in the said Colony ;
It shall be lawful for such Court to hear and inquire into any such charge of in
competency or misconduct, and to make inquiry respecting such loss, abandonment ,
damage or casualty ; and for such purposes they shall have the powers given by the
first part of the " Merchant Shipping Act 1854 " to inspectors appointed by the Board
of Trade.
3. The said Court shall, so far as relates to the summoning of parties, compelling Power of Court
to compelattend
ance of parties,
the attendance of witnesses, the regulation of the proceedings, and the enforcement of witnesses, &c.
penalties, have the same powers as are vested in the Court of Petty Sessions * or in the [* See Ord. No. 6
of 1862.]
Chief or assistant Magistrate in proceedings relating to an offence or cause of complaint
upon which such Court of Petty Sessions or Magistrate has power to make a summary
conviction or order, or as near as circumstances will permit.
4. Upon the conclusion of the case, the said Court shall send a report to the Report ofCourt
to be sent to
Board of Trade.
Board of Trade containing a full statement of the case and of their opinion thereon ,
accompanied by such reports of or extracts from the evidence, and such observations
(if any) as the Court may think fit.
Costs of such
5. The said Court may make such order with respect to the costs of any such in investigations.
vestigation or any portion thereof as they may deem fit, and such costs shall be paid
accordingly, and shall be recoverable in the same manner as costs in summary proceed
ings before the Court of Petty Sessions or before the Chief or Assistant Magistrate.
6. The said Court may, if they think fit, require any master or mate possessing a Masters and
mates may be
certificate of competency or service whose conduct is called in question, or appears to required
to deliver certi
ficates to be held
them likely to be called in question in the course of such investigation, to deliver such till close of
inquiry.
certificate to them ; and they shall hold the certificate so delivered until the conclusion
of the investigation , and shall then either return the same to such master or mate, or,
if their report is such as to enable the Board of Trade to cancel or suspend such certi
ficate under the powers given to such Board by the Third Part of the " Merchant Ship
ping Act 1854," shall forward the same to the Board of Trade, to be dealt with as such
Board thinks fit ; and if any master or mate fail so to deliver his certificate, when so
required, he shall incur a penalty not exceeding two hundred current dollars.
7. Provided always, that nothing in this Ordinance contained shall be taken to Jurisdiction of
the Court of
affect in any way the jurisdiction of the Vice- Admiralty Court of Hongkong, howsoever Vice-Admiralty
not to be
affected.
the same may be acquired.
[ Repealed by Ordinance No. 8 of 1879. ]
476 ORDINANCE No. 12 OF 1860 .
Water supply.
No. 12 of 1860 .
[Se Ordinances An Ordinance to provide a Supply of Water for the City of Victoria , and
No. 12 of 1860,
No. 5 0.1863, No.
11 of 1867, No. 4 to appropriate a Sum not exceeding Thirty thousand Pounds for
of 1868 and No. 16
of 1890.] such purpose.
[ 10th July, 1860. ]
Preamble. HEREAS it is desirable that suitable works should be constructed for the pur
W¹
pose of providing and maintaining a constant supply of pure water to the
City of Victoria, and it is necessary that funds should be provided for the carrying out
of such works :Be it, therefore, enacted and ordained by His Excellency the Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows : —
A sum not ex 1. A sum not exceeding thirty thousand pounds shall be charged upon the reve
ceeding £ 30,000
to be charged on
the Colonial re nue of this Colony for the purpose of constructing suitable works for supplying the
venue, in addi
tion to the gene City of Victoria with water, in addition to such sums as are now or may hereafter be
ral expenditure .
charged upon the said revenue on account of the expenditure incurred or to be incurred
in and about the general public service of the said Colony ; And His Excellency the
Governor is hereby empowered to draw on the Colonial Treasury for such sum or sums ,
not exceeding the aforesaid amount, as he shall from time to time think fit.
Power to borrow 2. In case the said revenue shall not be sufficient to afford such sum as aforesaid,
in case the reve
nue be deficient.
in addition to the expenditure required for the general public service of the Colony, it
shall be lawful for His Excellency the Governor in Executive Council to borrow such
sum or sums of money as may be so deficient, by mortgage of the water rate hereinafter
authorized ; and every mortgage shall be in the form A. to this Ordinance annexed.
Mortgages to be 3. Every mortgage, which shall be effected under the authority of this Ordinance,
redeemable when
the Governor shall be redeemable whenever His Excellency the Governor in Executive Council shall
shall determine.
determine : Provided always, that six months' notice of such intention to redeem shall
be given to the mortgagee ; and the Governor is hereby authorized and empowered to
appropriate out of the Colonial revenue such sum or sums of money as may be required
to carry out such redemption ; but so that the amount borrowed and redeemed , added
to the amount previously drawn from the Colonial Treasury, shall not at any time ex
ceed in the whole the sum of thirty thousand pounds.
Water rate to be 4. Upon the completion of the said water works there shall be levied half- yearly
imposed on cer
tain sub-districts on the Crown lessees of all lands in the sub-districts comprised within the District of
ofthe City ofVic
toria.
Victoria, except Wong-nei-choong and Soo-koan-poo, a rate to be called a " Water Rate "
estimated at two per cent per annum on the gross annual value of property set forth in
the Police rate assessment for the current year ; and all the provisions of the Ordinances
No. 2 of 1815 and No. 3 of 1851 , touching valuation, and appeal, shall extend and apply
to the said water rate .
Application of 5. The said rate shall be applied in manner following ; that is to say: in the first
such rate.
place, in maintaining the said water works and in defraying all expenses connected
therewith ; in the second place, in securing and repaying any monies which may have
ORDINANCES Nos. 12 AND 13 OF 1860. 477
Water supply. Civil List.
been borrowed for the purposes aforesaid under the authority of this Ordinance and
the interest accruing thereon ; and the residue shall be carried to the credit of the
general revenue of the Colony.
6. In the construction of this Ordinance " The Governor " shall be taken to include Meaning ofthe
term " Govern
the Officer for the time being Administering the Government of the Colony. or."
SCHEDULE A.
FORM OF MORTGAGE .
By virtue of the Ordinance No. 12 of 1860 I [ herein give the name of the Governor executing the
mortgage ] Governor and Commander- in- Chief of the Colony of Hongkong and its dependencies, and
Vice-Admiral of the same, in consideration of the sum of paid to
the Colonial Treasurer of the said Colony by A.B. of for the purposes of
the said Ordinance, Do grant and assign unto the said A.B. , his executors, administrators, and assigns
such proportion of the rates, profits, and other monies arising or accruing by virtue of the said Ordinance
from the water rate thereby authorized to be imposed as the said sum of
doth or shall bear to the whole sum, which is or shall be borrowed upon the
credit of the said rates to hold to the said A.B., his executors, administrators, and assigns from this day
until the said sum of with interest at the rate of
per cent per annum for the same shall be fully paid and satisfied (the principal
sum to be repaid at any time after the expiration of six months ' notice). Given under my hand and
the seal of the said Colony this day of one thousand
eight hundred and
[ Repealed by Ordinance No. 12 of 1875.]
No. 13 of 1860 .
An Ordinance for the Establishment of a Civil List.
• [ 17th August , 1860. ]
E it enacted and ordained by His Excellency the Governor of
BE
Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. There shall be payable in every year to Her Majesty, Her Heirs Appropria
tion of
and Successors , out of the general revenue of the Colony of Hongkong, £27,000 to
Civil List.
the several sums not exceeding in the whole the sum of twenty- seven
thousand pounds [ " twenty-eight thousand two hundred pounds " as
amended by Ordinance No. 5 of 1862 ] for defraying the expense of the
several salaries named in the schedule A , to this Ordinance annexed ,
478 ORDINANCE No. 13 OF 1860 .
Civil List.
the said several sums to be issued by the Colonial Treasurer in discharge
of such warrant or warrants as shall be from time to time directed under
the hand of the Governor.
Civil list to 2. That this Ordinance shall take effect from the commencement of
exist from 1st
August, 1860. the present month .
SCHEDULE A.
CIVIL LIST.
To be placed at the disposal of Her Majesty for the salaries of the
undermentioned Officers, if Her Majesty shall see fit,
otherwise to revert to the General Revenue
Service ofthe Colony.
Salaries payable Salaries to be
whilst present paid in future,
incumbents are as vacancies
in office. occur.
Governor and Commander-in-Chief, ... £5,000 £5,000
Chief Justice, 2,500 2,500
Colonial Secretary, 1,500 1,500
Attorney General , 1,000 1,000
Colonial Treasurer, 1,000 1,000
Auditor General, ....... 500 500
Surveyor General,.... 1,000 1,000
Chief Magistrate, 1,200 1,200
Post Master General, 800 800
Registrar of Supreme Court, 800 800
Colonial Chaplain, ...... 800 800
Colonial Surgeon , 800 800
Harbour Master, 700 700
Registrar General , 700 700
Clerk of Councils, .... 200 200
Governor's Establishment,
Private Secretary , .......... 250 250
Colonial Secretary's Establishment ,
Chief Clerk, 500 500
1st Clerk, .... 400 400
2nd Clerk, .... 300 300
3rd Clerk, 280 280
Carried forward, ............ £20,230 £20,230
[ * Struck out and new words and figures inserted by Ordinance No. 5 of 1862. ]
ORDINANCE No. 13 OF 1860. 479
Civil List.
Salaries payable Salaries to be
whilst present paid in future,
incumbents are as vacancies
in office. occur.
Brought forward....... .£20,230 £20,230
Colonial Treasurer's Establishment,
1st Clerk and Cashier, 400 400
2nd Clerk and Accountant, ……………
. 300 300
Auditor General's Establishment, --
Clerk,..... 300 300
Surveyor General's Establishment,
1st Clerk, ...... 500 400
2nd Clerk , ..... 300 300
* Chief Magistrate's Establishment,——
* Assistant Magistrate, ....... 700 700
1st Clerk, ...... 400 400
2nd Clerk, ..... 300 300
3rd Clerk, ..... 200 200
Post Office Establishment,
Assistant Post Master General, ..... 500 500
Clerk,. 300 300
Supreme Court,
Crown Solicitor, ..... 250 250
Deputy Registrar, ..... 400 nil.
Clerk of Court, ………. 300 300
Judge's Clerk , 300 300
Harbour Master's Establishment,—
1st Clerk, 400 400
2nd Clerk, 300 300
Registrar General's Establishment,
1st Clerk, ...... 300 300
2nd Clerk, 250 250
TOTAL, .......... £26,930 £26,430
[ * Struck out and new words and figures inserted by Ordinance No. 5 of 1862. ]
480 ORDINANCES Nos. 14 AND 15 OF 1860 .
Remission of Penalties. Registration of Boats, &c.
No. 14 of 1860.
An Ordinance for the Remission of Penalties.
[ 17th August, 1860. ]
Preamble. HEREAS penalties which under Penal Statutes or Ordinances are
[22 Vict. Cap. W"
32. ] made payable to parties other than the Crown cannot be remit
ted by the Governor where no express provision has been made by the
Imperial Statute or Colonial Ordinance for that purpose, and it is ex
pedient that the law as to the remission of such penalties should be
amended and made uniform : Be it, therefore , enacted and ordained by
His Excellency the Governor of Hongkong, with the advice of the Legis
lative Council thereof, as follows :
Power to 1. It shall be lawful for the Governor to remit, in whole or in part,
Governor to
remit penal any sum of money which under any Act of the Imperial Legislature or
ties other
than those any Ordinance now in force or hereafter to be passed in the Colony of
due to Crown.
Hongkong may be imposed as a penalty or forfeiture on a convicted
offender, although such money may be in whole or in part payable to
some party other than the Crown , and to order the discharge of any
person who may be imprisoned for non - payment of any sum of money
so imposed.
No. 15 of 1860 .
An Ordinance for the Registration and Regulation of Boatmen and others
employed in Licensed Cargo Boats , and for the Survey of such
Boats.
[ 17th November, 1860. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
B advice of the Legislative Council thereof, as follows ·→→→→
:
Register to be 1. The Registrar General shall keep a book, in which shall be entered the number,
kept.
name, and place of abode of every boatman or other person employed on board any
cargo boat, and which shall be called the " Cargo Boatmen Register " and be admitted
as evidence before all Magistrates having jurisdiction within the Colony of Hongkong
or the waters thereof.
Licences to be 2. Every boatman or other person employed in any capacity on board any cargo
granted.
boat shall make application to the Registrar General for a licence ticket, which ticket.
the said Registrar General is hereby empowered to issue, and to demand and take the
ORDINANCE No. 15 of 1860 . 481
Registration of Boats, &c.
sum of twenty-five cents for such ticket, and which ticket shall have thereon in legible
letters and figures the words " Cargo Boat," and the number in consecutive order of
such licence, and the year in which issued.
3. Every person applying for a licence ticket shall give to the Registrar General Name, place of
abode, &c. to be
a true account of his name and place of abode ; and shall give notice to the said stated.
Registrar General whenever he may change his place of abode ; in default of his so
doing, and on conviction thereof, his licence shall become absolutely void and of no
effect , and he shall be liable to a penalty not exceeding twenty dollars, or to imprison
ment not exceeding three months.
4. Every licence shall be in force from the first day of January until the end of Duration of
Licence.
the then current year, and no longer.
5. Every person, other than the original holder, who may be found in possession of Unlawful posses
sion of a ticket.
any licence ticket, shall be liable on conviction to a penalty not exceeding fifty dollars,
or, at the discretion of a Magistrate, to imprisonment , with hard labour, not exceeding
three calendar months.
6. Every holder of a licence ticket who may accidentally lose the same, may , on Lost tickets.
satisfying the Registrar General that such loss was occasioned by accident, obtain
another ticket, which shall be headed " Duplicate Ticket," and for which the applicant
shall pay a fee of one dollar.
7. Every person who may counterfeit, or be in possession of any counterfeit Counterfeit
tickets.
licence ticket, without lawful excuse, shall, on conviction , be liable to any term of
imprisonment not exceeding twelve months.
8. Every boatman or other person employed, or who may have been employed , on Working without
ticket.
board of any cargo boat, who shall not be in possession of a licence ticket , or who shall
not produce the same when demanded , shall be liable to a penalty not exceeding twenty
dollars, or to imprisonment not exceeding six months.
9. Every master or other person engaged in the working of a cargo boat, who may Employing unre
gistered persons.
employ, or allow to be employed, any unregistered person on board thereof, shall , on
conviction, be liable to a penalty not exceeding twenty dollars.
Unlawful posses
10. Every member of the Police Force duly authorized by the Superintendent of sion of goods.
Police, every Inspector of boats, or other person specially appointed , shall be entitled
to enter at any time, with or without a search warrant, on board of any cargo boat for
the purpose of searching therein ; and if there shall be found on board such boat any
goods, of whatever description , of which no satisfactory account can be given ; or, if it
can be proved that any such goods have been landed or transferred from any cargo
boat, the master or other person having charge of such boat, shall be deemed to have
or to have had, as the case may be, unlawful possession of such goods, and, being
convicted thereof, shall be liable to a penalty not exceeding one hundred dollars, or to
imprisonment not exceeding six months.
482 ORDINANCE No. 15 OF 1860.
Registration of Boats, &c.
Licence may be 11. The Magistrate before whom any conviction may take place under the
withdrawn or
suspended. provisions of this Ordinance, may, if he shall think fit, either in addition to or in lieu
of any fine or imprisonment hereby imposed , suspend , or altogether withdraw the
licence of any offender, and transmit his licence ticket to the Registrar General, with
a certificate setting forth the decision at which he has arrived ; and, in case of
suspension, the Registrar shall re-issue the ticket to the applicant at the expiration
of the time for which the Magistrate shall have suspended the licence.
Owners employ 12. Every owner of a cargo boat who shall employ any unregistered person to
ing unregistered
persons. take charge thereof, or to work therein , or who shall refuse when called upon to give
information which he may possess as to names, places of abode, or other particulars
relative to persons charged with the commission of offences against this Ordinance,
shall on conviction thereof be liable to a penalty not exceeding fifty dollars.
Certificate of fit 13. On and after the first day of January next, every applicant for a licence for
ness of cargo
boat required. any cargo boat shall produce, at the time of making his application , a certificate under the
hand of the Harbour Master, or an Inspector appointed for that purpose, setting forth
that he has examined the boat for which a licence is required , and that it is in all
respects fit and proper to be employed as a cargo boat : and the Harbour Master or
Inspector shall deliver to the applicant a certificate to the effect stated on payment of
a fee of one dollar.
Examination of 14. The Harbour Master or Inspector is hereby empowered to enter at any time
cargo boats.
on board of any licensed cargo boat, and to survey and examine the same ; and in the
event of his discovering that any false bottom or other fitting, alteration or addition
has been made therein for the purpose of facilitating the fraudulent concealment of
goods, he shall seize and detain such boat, and apprehend or cause to be apprehended
the master or other person in charge thereof, and deliver him into the custody of a
Police constable.
Boats with false 15. As soon as conveniently may be after the seizure of any boat, the Harbour
bottoms, &c. may
be seized and Master, or Inspector, shall prefer an information before a Police Magistrate against
condemned.
the licensed owner, and also against the master or other person found in charge of
such boat ; and if the Magistrate, after hearing all the evidence which may be offered,
shall be satisfied that the false bottom or other fitting, alteration , or addition complained
of was used or made for the purpose of fraudulently concealing goods therein, he may
adjudge that such boat shall be forfeited and sold and the proceeds thereof be paid
into the the Colonial Treasury ; and also that the master or other person found in
charge of such boat, shall forfeit and pay any sum not exceeding fifty dollars, or be
imprisoned and kept to hard labour for any term not exceeding six months. And the
licensed owner of such boat shall, if the Magistrate be satisfied that the alteration,
addition, or fitting complained of, was made or used by his order, or with his sanction
or connivance, be liable to forfeit and pay any sum not exceeding one hundred dollars,
or to be imprisoned for any term not exceeding six months.
ORDINANCES Nos . 15 AND 16 OF 1860 . 483
Registration of Boats, &c. Newspapers .
16. If any person shall resist, impede, or obstruct the Harbour Master or Obstructing In
spector.
Inspector or other person in the execution of his duty under this Ordinance, he shall be
liable on conviction thereof to a penalty not exceeding fifty dollars , or to imprisonment
with hard labour not exceeding three calendar months.
17. This Ordinance shall commence and take effect on the first day of January Commencement
of Ordinance.
next.
[ Repealed by Ordinance No. 8 of 1879.]
No. 16 of 1860 .
An Ordinance to amend the Law relating to Newspapers in Hongkong .
[ 30th November, 1860. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the [60 G. 3. c. 9. ]
―― [1 W. 4. c. 73.]
BR advice of the Legislative Council thereof, as follows :
1. That on and after the first day of January next, no person shall print or Bond to be given.
by printer or
publish or cause to be printed or published , any newspaper, until he shall have entered publisher of
newspaper .
into a bond before the Registrar of the Supreme Court, together with two sufficient
sureties, to the satisfaction of such Registrar-every person printing or publishing any
such newspaper, in the sum of two hundred and fifty pounds, and his sureties in a like
sum in the whole - conditioned that such printer or publisher shall pay every such fine
or penalty as may at any time be imposed upon or adjudged against him by reason of
any conviction for printing or publishing any libel at any time after the entering into
such bond- and also all costs of such conviction ; and as a further condition, that every
such printer or publisher shall pay all such damages and costs as may be recovered or
arise in any action for libel published in such newspaper. And every person who shall
print or publish, or cause to be printed or published any newspaper, without having
entered into such bond, with such sureties as aforesaid, shall , for every such offence
forfeit the sum of twenty pounds, together with costs of conviction .
2. Every bond so given as aforesaid may be sued upon in the name of the Attor Attorney General
or plaintiff to
ney General in cases of indictment or information , and of the plaintiff in any action sue.
for libel in which damages may have been recovered.
3. In every case in which any surety in any such bond shall have been required New sureties to
be provided in
certain cases.
to pay, and have paid, the whole or any part of the sum for which he shall have become
surety ; or in case he shall become bankrupt or insolvent, or shall cease to be a resident
in Hongkong, then and in every such case the person for whom such surety shall have
484 ORDINANCES Nos . 16 AND 17 OF 1860 .
Newspapers. Mercantile Marine- Examination Board.
been bound, shall not print or publish any newspaper, until he shall have entered into
a new bond, with sufficient sureties in the manner and to the amount aforesaid ;
and in case he shall print or publish any such newspaper, without having executed such
new bond as aforesaid, he shall forfeit for every such offence the sum of twenty pounds,
together with costs of conviction.
Sureties may
withdraw from 4. If any surety shall be desirous of withdrawing from such bond, it shall be
bond.
lawful for him so to do upon giving twenty days previous notice in writing to the Re
gistrar of the Supreme Court, and also to such printer or publisher; and in every such
case, such surety, from the expiration of such notice, shall cease to be liable upon
the said bond, except for any penalty or penalties, damages or costs, for or in respect
of any libel which may have been printed or published in such newspaper, previous to
the expiration of such notice, and for which he would otherwise have been liable under
the said bond ; and in every such case the person for whom such surety shall have been
bound shall not print or publish any newspaper, until he shall have executed a
new bond , with sufficient sureties, in the manner and to the amount aforesaid ; and in
case he shall print or publish any such newspaper, without having entered into such
new bond as aforesaid he shall for every such offence forfeit the sum of twenty pounds,
together with costs of conviction.
Recovery of 5. Every penalty hereby imposed may be recovered, together with the costs , in a
penalties.
[* See Ord. No. 6
of 1862.] summary way before the * Chief or other Police Magistrate ; and the amount thereof may
be levied by distress and sale of the goods and chattels of the offender, or in default of
sufficient distress , he shall be liable to be imprisoned for any time not exceeding three
months.
Custody of bonds. 6. All bonds executed under the provisions of this Ordinance shall within ten
days after the execution thereof be transmitted to the Colonial Secretary for safe
custody.
[ Repealed by Ordinance No. 6 of 1886. ]
No. 17 of 1860 .
An Ordinance to constitute a Board of Examiners for granting Certifi
cates of Competency to Masters and Mates in the Mercantile Marine.
[ 30th November, 1860. ]
Preamble. HEREAS it is expedient to constitute a Board of Examiners to inquire into the
W qualifications of and grant certificates of competency to persons desirous of
ORDINANCE No. 17 OF 1860 . 485
Mercantile Marine- Examination Board.
becoming masters or mates in the Mercantile Marine : Be it, therefore, enacted and
ordained by His Excellency the Governor of Hongkong, with the advice of the Legisla
tive Council thereof, as follows :--
:
1. There shall be constituted a Board of Examiners, to be called "The Mercantile Constitution of
Board .
Marine Examination Board , " and such Board shall sit whensoever the same shall be
summoned in manner hereinafter in that respect provided, at the Harbour Master's
ffice, for the purpose of examining candidates for the post of master or mate in the
Mercantile Marine . And such Board shall consist of the following members , to be
appointed from time to time by His Excellency the Governor ; namely : -the Harbour
Master, a Master in the Royal Navy, a Government Marine Surveyor, and two masters
of the Mercantile Marine duly qualified under the provisions of the " Merchant Ship
ping Act 1854, " three of whom shall form a quorum .
2. Whenever any person shall be desirous of obtaining a certificate of competency Summoning of
Board.
as master or mate, he shall give notice in writing to that effect to the Harbour Master ,
who shall forthwith transmit such notice to the Colonial Secretary ; and, on receipt
from him of the names of persons appointed to act as examiners , shall summon the
other members of the said Board to attend at the Harbour Master's Office for the pur
pose of examining such applicant upon some day to be named in the summons (such
day not to be more than seven days later than the day of the date of such summons ; )
and shall also notify the applicant for examination to attend accordingly.
3. Every applicant for examination for a certificate of competency as master Fees to be paid
by applicants.
shall upon lodging his application pay to the Harbour Master a fee of twenty current
dollars. And every applicant for a certificate of competency as mate shall in like
manner pay a fee of ten dollars ; and the Harbour Master shall pay over all monies
received on account of such fees to the Colonial Treasurer for the purposes of the
general revenue of the Colony.
4. To each examiner, except the Harbour Master, there shall be paid a fee of Fees to meml ers
of Board.
five dollars for each applicant examined, and such fee shall be paid by the Colonial
Treasurer out of the general revenue of the Colony.
5. To every applicant who shall have passed a satisfactory examination and shall Certificates to be
given to appli
have given satisfactory evidence of his sobriety , experience, and general good conduct cants who shall
have passed
their examina
on board ship, a certificate of competency signed by the members of the Board who tion.
shall have acted as examiners shall be given to the effect, that he is competent to act as
master, or as first, second, or only mate.
6. Upon the occasion of every such examination as aforesaid the result thereof Reports of exa
minations to be
shall be reported to the Board of Trade by the Harbour Master. made to the
Board of Trade.
[ Repealed by Ordinance No. 8 of 1879.]
486 ORDINANCE No. 18 of 1860 .
Appropriation.
No. 18 of 1860.
An Ordinance to apply a Sum not exceeding Sixty- six thousand one
hundred Pounds to the Public Service of the Year 1861 .
[ 17th December, 1860. ]
Preamble. HEREAS the expenditure required for the service of this Colony for the year 1861
W has been estimated at the sum of sixty- six thousand and ninety pounds, and seven
shillings : Be it enacted and ordained by His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows :
Estimates, 1861. A sum not exceeding sixty-six thousand one hundred pounds shall be and the same is
hereby charged upon the revenue of this Colony for the service of the year 1861 , and the
said sum so charged shall be expended as hereinafter specified, that is to say :
CIVIL ESTABLISHMENTS :— £ s. d.
The Governor, 50 0 0
Colonial Secretary, ..... 312 10 0
Colonial Treasurer,. 203 0 0
Auditor General, .... 1,330 0 0
Clerk of Councils, 15 0 0
Surveyor General , 1,270 15 0
Postmaster General, 2,454 3 4
Registrar General, 739 10 0
Harbour Master and Emigration Officer, 1,305 0 0
Police and Lighting Rate Collector, 1000 712 10 0
*****..
JUDICIAL ESTABLISHMENT,.. 760 0 0
ECCLESIASTICAL ESTABLISHMENT, 145 17 0
EDUCATIONAL ESTABLISHMENT, 1,545 0 0
MEDICAL ESTABLISHMENT, 2,860 11 8
CHIEF MAGISTRATE, ..... 1,083 0 0
POLICE, 14,506 0 0
GAOLS, .... 3,747 10 0
PENSIONS , RETIRED ALLOWANCES AND GRATUITIES , ... 2,650 0 0
CHARITABLE ALLOWANCES ,…………………
.. 50 0 0
......
WORKS AND BUILDINGS, .... 18,950 0 0
ROADS , STREETS, AND BRIDGES ,....... 11,050 0 0
MISCELLANEOUS SERVICES , ........ 50 0 0
SPECIAL EXPENSES , & c ., ......... 300 00
£66,090 7 0
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 19 of 1860. 487
Supplementary Appropriation.
No. 19 of 1860 .
An Ordinance to authorize the appropriation of a Supplementary Sum
not exceeding Four thousand and forty -four Pounds to defray the
charges of the Year 1860.
[ 17th December , 1860. ]
HEREAS it has become necessary to make further provision for the public service Preamble.
W of the Colony for the year 1860, in addition to the charge upon the revenue for
the service of the said year already provided for in the Estimates submitted to the Legis
lative Council : Be it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :
:
1. A sum not exceeding four thousand and forty-four pounds shall be, and the same Supplementary
Estimates, 1860.
is hereby, charged upon the revenue of this Colony for the service of the year 1860, and
the said sum so charged shall be expended as hereinafter specified, that is to say :—
CIVIL ESTABLISHMENTS : £ s. d.
The Governor, ..... 250 14 3
Surveyor General ,....... 22 1 4
Postmaster General, ..1,476 14 1
Harbour Master, ..... 81 15 0
Police and Lighting Rate Collector, 36 15 2
ECCLESIASTICAL ESTABLISHMENT, 67 6
MEDICAL ESTABLISHMENT, 36 15 10
POLICE ESTABLISHMENT, .... 161 4 3
GAOLS , .... 65 15 6
... 425 14
PENSIONS , RETIRED ALLOWANCES, AND GRATUITIES, ...... 7
REVENUE SERVICES (EXCLUSIVE OF ESTABLISHMENTS ) , ………………………………. 132 3 8
HOSPITALS Do. , .... 430 19 7
GAOLS Do. , 527 14 10
TRANSPORT, ...... 28 0 1
CONVEYANCE OF MAILS ,........ 182 4 1
MISCELLANEOUS SERVICES , 16 9 5
SPECIAL EXPENSES , & c. , ....... 162 10 5
£4,043 19 8
[Repealed by Ordinance No. 4 of 1887. ]
488 ORDINANCE No. 1 OF 1861 .
Probate Amendment.
No. 1 of 1861.
An Ordinance for amending Ordinance No. 8 of 1860.
[ 23rd March, 1861. ]
Preamble. HEREAS it is necessary to amend Ordinance No. 8 of 1860 , inti
WH
tuled " An Ordinance to amend the Law in relation to the Grant
and Revocation of Probates of Wills and Letters of Administration in
Hongkong : Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows :
Repeal of 1. Sections 10 and 11 of Ordinance No. 8 of 1860 are hereby repeal
sections 10 &
11 of No. 8 of ed and instead thereof there shall be substituted the following two sec
1860.
---
tions to be numbered respectively 10 and 11 , that is to say :
Affidavits, &c. 10. Affidavits declarations or affirmations of persons residing in
before whom
to be made Foreign Parts if sworn declared or affirmed before the persons em
when persons
making them powered to administer oaths under the Act of the 6th Geo . IV. cap.
reside in
Foreign Parts. 87 or under the Act of the 18th and 19th Vict . cap . 42 before any
Foreign Local Magistrate or other person having authority to ad
minister an oath in places where there are no such persons as are
mentioned in the said Acts may be used in the said Court in its
Probate Jurisdiction .
Affidavits 11. Affidavits declarations and affirmations sworn made and
made in Bri
tish domi taken in any place out of the Colony of Hongkong under the do
nions before
whom to be minion of Her Majesty before any Court, Judge, Notary Public ,
sworn.
or person lawfully authorized to administer oaths in such place may
be used in the said Court in its Probate Jurisdiction . And all
officers of the said Court shall take judicial notice of the seal or
signature, as the case may be, of any such Court, Judge, Notary
Public, or person which shall be attached, suspended, or sub
scribed to any such affidavit , declaration , or affirmation — or to any
other document .
Portion of 2. All of section 15 of Ordinance No. 8 of 1860 from the words in
section 15 of
No. 8 of 1860 the seventh line " and all the " to the end inclusive shall be struck out.
to be struck
out.
Provision for 3. In every reprinted copy of Ordinance No. 8 of 1860 the amend
reprints of
Ordinance ments hereinbefore specified in respect of the same shall be made by the
No. 8 of 1860.
printer before publishing the same ; and it shall not be afterwards neces
sary to print or reprint this Ordinance .
ORDINANCE No. 2 OF 1861 . 489
Appropriation.
No. 2 of 1861.
An Ordinance to apply a Sum not exceeding Sixty-eight thousand one Title.
hundred Pounds to the Public Service of the Year 1862.
[ 25th June, 1861. ]
HEREAS the expenditure required for the service of this Colony for the year Preamble.
W 1862 has been estimated at the sum of sixty-eight thousand and ninety- eight
pounds, and twelve shillings : Be it enacted and ordained by His Excellency the Gov
ernor of Hongkong, with the advice of the Legislative Council thereof, as follows :
A sum not exceeding sixty-eight thousand one hundred pounds shall be and the Estimates, 1862.
same is hereby charged upon the revenue of this Colony for the service of the year 1862,
and the said sum so charged shall be expended as hereinafter specified, that is to say :
CIVIL ESTABLISHMENTS , £ s. d.
The Governor, 50 0 0
Colonial Secretary , . 337 10 0
Colonial Treasurer,.. 383 0 0
Auditor General, 1,330 O 0
Clerk of Councils , 15 0 0
Surveyor General, .. 1,640 15 0
Postmaster General, 1,872 10 0
Registrar General, .......
... 739 10 0
Harbour Master and Emigration Officer, 1,280 0 0
Police and Lighting Rate Collector, ... 712 10 0
JUDICIAL ESTABLISHMENT, 765 0 0
ECCLESIASTICAL ESTABLISHMENT, 145 17 0
EDUCATIONAL ESTABLISHMENT, 1,520 0 0
MEDICAL ESTABLISHMENT, 2,740 O 0
CHIEF MAGISTRATE, 1,096 0 0
POLICE, 15,886 0 0
GAOLS , ... 4,635 0 0
PENSIONS , RETIRED ALLOWANCES , AND GRATUITIES , ... 2,500 0 0
CHARITABLE ALLOWANCES, ... 100 0 0
WORKS AND BUILDINGS, 13,500 0 0
ROADS , STREETS , AND BRIDGES ,....... 16,500 0 0
OO
MISCELLANEOUS SERVICES , .... 50 0 0
SPECIAL EXPENSES, &c .,... 300 0 0
£68,098 12 0
[ Repealed by Ordinance No. 4 of 1887. ]
490 ORDINANCE No. 3 OF 1861 .
Chancery Procedure.
No. 3 of 1861.
An Ordinance to amend the Course of Procedure in the Supreme
Court of Hongkong in its Equity Jurisdiction, and to enable
it to award Damages in certain Cases.
[ 25th June , 1861. ]
Preamble. HEREAS it is expedient to further amend the practice and course
W of proceeding in the Supreme Court of Hongkong in its Equity
Jurisdiction , and in part to adopt with alterations the provisions of “ The
Chancery Amendment Act 1858 " : Be it therefore enacted by His Ex
cellency the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
Power to
Court on 1. In all cases in which the said Court on its Equity side has juris
Equity side diction to entertain an application for an injunction against a breach of
to award
damages in any covenant, contract, or agreement , or against the commission or con
certain cases .
tinuance of any wrongful act, or for the specific performance of any
covenant, contract, or agreement, it shall be lawful for the same Court,
in its Equity Jurisdiction , if it shall think fit, to award damages to the
party injured , either in addition to or in substitution for such injunction
or specific performance, and such damages may be assessed in such
manner as the Court shall direct.
Damages may 2. It shall be lawful for the said Court in its Equity Jurisdiction,
be assessed,
or question if it shall think fit, to cause the amount of such damages in any case to
of fact aris
ing in any be assessed, or any question of fact arising in any suit or proceeding to
suit may be
tried before be tried by a special or common jury before the Court itself ; and the
the Court
itself. said Court in its Equity Jurisdiction may make all such rules and orders
upon the sheriff or any other person for procuring the attendance of a
special or common jury, for such assessment of damages or the trial of
such question of fact, as may be made by the said Court in its Common
Law Jurisdiction , and may also make any other orders which to the said
Court in its Equity Jurisdiction may seem requisite ; and every such
jury shall consist of persons possessing the qualifications , and shall be
struck, summoned , ballotted for , and called in like manner as if such
jury were a jury for the trial of any cause in the said Court on its Com
mon Law side ; and every juryman so summoned shall be entitled to the
same rights and subject to the same duties and liabilities as if he had
been duly summoned for the trial of any such cause in the said Supreme
ORDINANCE No. 3 OF 1861 . 491
Chancery Procedure.
Court in its Common Law side ; and every party to any such proceeding
shall be entitled to the same rights as to challenge and otherwise as if he
were a party to any such cause ; and generally for all purposes of or
auxiliary to the assessment of damages or the trial of questions of fact
by a jury before the Court itself, and in respect of new trials , the said
Court in its Equity Jurisdiction shall have the same jurisdiction, powers ,
and authority in all respects as belong to the said Court in its Common
Law Jurisdiction .
3. Any question of fact, and any question as to the amount of dam Questions or
dered to be
ages which shall be so ordered to be tried by a jury before the Court tried
to be by jury
reduced
itself in its Equity Jurisdiction shall be reduced into writing in such into writing.
form as the Court shall direct, and at the trial the jury shall be sworn
to try the said question , and a true verdict to give thereon according to
the evidence ; and upon , and for the purposes of, every such trial the
Court in its Equity Jurisdiction shall have the same powers, jurisdiction ,
and authority as belong to the said Supreme Court in its Common Law
Jurisdiction .
Damages may
4. It shall also be lawful for the said Court in its Equity Jurisdic be assessed,
tion , if it shall think fit, to cause the amount of such damages in any or questions
of fact tried
before the
case to be assessed, or any question of fact arising in any suit or proceed Court itself
ing to be tried before the Court itself without a jury, and to cause the without a
jury.
evidence on the trial of that question to be taken by the oral examina
tion of witnesses and other proofs in open Court , and by such other
evidence as is now admissible in proceedings before the said Supreme
Court in its Equity Jurisdiction ; and any question of fact, and any
question as to the amount of damages, which shall be so ordered to be
tried before the Court itself, shall be reduced into writing in such form
as the Court shall direct ; and the decision of the Judge shall be of the
same effect as the verdict of a jury under this Ordinance ; and the pro
ceedings upon and after such trial, as to the power of the Court , the
evidence, and otherwise, shall be the same as in the case of trial by jury
under this Ordinance.
5. In any case in which all parties to a suit are competent to make Where parties
are competent
admissions, any party may call on any other party by notice to admit to make ad
missions, any
any document, saving all just exceptions ; and in case of refusal or party may
call on any
neglect to admit, the cost of proving the document shall be paid by the other party
to admit do
party so neglecting or refusing, whatever the result of the cause may be, cuments.
492 ORDINANCES Nos . 3 AND 4 OF 1861 .
Chancery Procedure. Salvage Prize.
unless the Court shall certify that the refusal to admit was reasonable ;
and no costs of proving any document shall be allowed unless such
notice be given, except in cases where the omission to give the notice is ,
in the opinion of the Taxing Master, a saving of expense.
Rules and or
ders how and 6. The Chief Justice of the said Colony may, from time to time,
by whom to make general rules and orders for carrying the purposes of this Ordinance
be made.
into effect, and for regulating the times and form and mode of procedure ,
and generally the practice of the said Court in respect of the matters to
which this Ordinance relates , and for regulating the fees and allowances
to all officers of the said Court and practitioners therein in respect to
such matters, and so far as may be found expedient for altering the
course of proceeding hereinbefore prescribed in respect to the matters to
which this Ordinance relates , or any of them, and such rules and orders
may from time to time be rescinded or altered by the like authority , and
all such rules and orders shall take effect as general orders of the said
Court.
Practice un 7. Until general rules and orders shall be made in pursuance of the
til rules and
orders made. powers contained in this Ordinance, the times and forms and mode of
procedure, and generally the practice of the said Court in its Equity
Jurisdiction in respect of the matters to which this Ordinance relates,
and the fees and allowances in respect to such matters , shall be regulated
and determined by and according to the practice now in force in the said
Supreme Court in its Common Law Jurisdiction or in its Equity Juris
diction, as the case may be, or as near thereto as the circumstances of the
case will admit, and in case of question in any particular suit or cause,
then by the decision of the said Supreme Court.
No. 4 of 1861.
Title. An Ordinance to repeal Ordinance No. 5 of 1857 .
[ 29th June, 1861. ]
B it enacted and ordained by His Excellency the Governor of Hongkong, with the
BB advice of the Legislative Council thereof, as follows :
Ordinance No. 5 1. The Ordinance No. 5 of 1857, intituled " Au Ordinance for Salvage and Prize
of 1857 repealed.
in certain cases " is hereby repealed .
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 5 OF 1861 . 493
Supplementary Appropriation.
No. 5 of 1861 .
An Ordinance to authorize the appropriation of a Supplementary Sum
not exceeding Twelve thousand and fourteen Pounds to defray the
charges of the year 1861 .
[ 24th December , 1861 .
HEREAS it has become necessary to make further provision for the public service Preamble.
W of the Colony for the year 1861 , in addition to the charge upon the revenue
for the service of the said year already provided for in the Estimates submitted to the
Legislative Council : Be it enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. A sum not exceeding twelve thousand and fourteen pounds shall be, and the Supplementary
Estimates, 1861.
same is hereby, charged upon the revenue of this Colony for the service of the year 1861 ,
and the said sum so charged shall be expended as hereinafter specified , that is to say : —
ESTABLISHMENTS : £ s. d.
Treasurer,.. 35 0 0
Auditor, 200 0 0
Surveyor General, 132 11 8
Registrar General, 10 0 0
Harbour Master, ...... 93 15 4
Medical, Civil Hospital, 18 15 0
Police, 1,137 16 8
Gaols, ...... 170 0 0
REVENUE SERVICES , (EXCLUSIVE OF ESTABLISHMENTS) , 558 0 0
ADMINISTRATION OF JUSTICE, Do., 67 0 0
HOSPITALS , Do., 205 0 0
POLICE , Do. , 760 0 0
GAOLS , Do., 1,177 O 0
TRANSPORT, 254 0 0
WORKS AND BUILDINGS, ... 557 0 0
ROADS, STREETS AND BRIDGES , . 2,006 0 0
MISCELLANEOUS SERVICES ,……………………. 90 6 4
LAND AND HOUSES PURCHASED , ……………………………. 4,270 16 8
SPECIAL EXPENSES , ...... 270 0 0
£ 12,013 1 8
[ Repealed by Ordinance No. 4 of 1887.]
494 ORDINANCE No. 1 OF 1862 .
Harbour Regulation .
No. 1 of 1862.
Title. An Ordinance for the Regulation and Control of the Harbour of Victoria ,
Hongkong .
[ 22nd January, 1862. ]
Preamble. HEREAS it is expedient to revise and amend the regulations hitherto existing
WH for the maintenance of order within the Harbour of Victoria, Hongkong : -Be
it enacted and ordained
Ordinance No. 11 1. Ordinance No. 11 of 1845 is hereby repealed, except so far as the same repeals
of 1845 repealed.
No. 19 of 1844.
Regulations of 2. The harbour regulations issued on the 30th day of April 1841 , under the
April 1841,
revoked. hand of Charles Elliot, Her Majesty's Plenipotentiary, are hereby revoked.
Vessels to hoist 3. Every master of a merchant vessel shall hoist the ship's number on entering
their numbers.
the harbour of Victoria, and shall keep such number flying until the ship shall have
been reported at the Harbour Master's Office.
Vessels to be 4. Every master shall , within twenty-four hours after arrival within the limits of
reported within
24 hours. this harbour, report the arrival of his ship at the Harbour Master's Office, and in the
case of a British vessel , or of a vessel which shall not be represented by a Consul, shall
deposit there the ship's articles, list of passengers, ship's register, and true copy of
manifest if required . In the case of a Foreign vessel represented by a Consul, the
said papers shall be lodged by the master at the proper Consulate, under a penalty not
exceeding two hundred dollars on refusal or neglect of the master so to do.
Masters and 5. The name of a master or first or only mate shall not be attached by the Har
mates to possess
certificates. bour Master to a British ship's register or articles, unless such master or mate shall
possess a certificate of service or competency.
Seamen shall be 6. No officer, seaman, or other person shall be shipped in this harbour to do
shipped at the
shipping office duty on board any merchant vessel, except at the shipping office of the Harbour
only.
Master, under a penalty not exceeding twenty dollars for every offence.
Deaths, deser 7. In the event of the death of any of the crew, passengers, or other persons,
tions, orremovals
to be reported. occurring on board any merchant vessel whilst in the harbour, or in case of the deser
tion or removal of any of the crew, the master of such vessel shall forthwith report
the same in writing to the Harbour Master, under a penalty not exceeding twenty- five
dollars for every death , desertion , or removal which he shall neglect to report.
Seamen to be 8. No master of any ship shall discharge, or force therefrom , or wilfully or
discharged only
by permission of negligently leave behind him, in this Colony, any seaman shipped on board thereof
Harbour Master.
unless on a certificate from the Harbour Master or other person appointed to grant the
same ; and who shall have power to withhold or grant the same as he shall see fit
under a penalty not exceeding twenty-five dollars : and if any seaman shall wilfully or
negligently remain in the Colony, after the departure of the vessel in which he shall
have shipped, without such certificate, such seaman shall on conviction before the
Marine Magistrate forfeit and pay a sum not exceeding twenty-five dollars or be
imprisoned for a term not exceeding one month.
ORDINANCE No. 1 of 1862 . 495
Harbour Regulation.
9. Every master of a merchant vessel arriving in the harbour shall take up the Ships to be
moored where
berth pointed out by the Harbour Master, or by any person sent on board by him for ordered by the
Harbour Master,
and not remove
that purpose, and shall moor his ship there properly, and shall not remove from it to therefrom
without
take up any other berth, without his permission , except in case of necessity, to be permission.
decided by the Harbour Master, under a penalty not exceeding one hundred dollars ;
and he shall remove his vessel to any new berth when required so to do by the
Harbour Master, under a fine not exceeding twenty dollars for every hour that the
vessel shall remain in her old berth , after notice to remove under the hand of the
Harbour Master or his deputy shall have been given on board of her .
10. Every master of a merchant vessel shall immediately strike spars, clear hawse, All orders by the
Harbour Master
or shift berth, or obey any other order which the Harbour Master may think fit to to be obeyed.
give, and any master wilfully disobeying or neglecting this regulation, shall be liable
to a fine not exceeding two hundred dollars.
11. Every master about to proceed to sea shall, under a penalty not exceeding Blue peter to be
hoisted and port
fifty dollars, hoist a blue peter twenty-four hours before time of intended departure, clearance to be
obtained before
and shall give notice to the Harbour Master, who will furnish a port clearance and departure.
shall likewise attest the manifest if necessary ; and any ship having obtained such
clearance and not sailing within thirty-six hours thereafter shall report to the Harbour
Master the reason for not going and shall re-deposit the ship's papers if required.
12. Every master of a merchant vessel arriving in this harbour and having gun Merchant vessels
having upwards
powder on board , weighing in the whole over two hundred pounds, shall make of 200 lbs. of
powder on board
to report the
immediate report of the same to the Harbour Master, or shall be liable to a penalty same imme
diately.
not exceeding ten dollars for every hour that he shall neglect to do so, and shall
forthwith on being required so to do by the Harbour Master land or store the same in
some convenient place to be approved of by the Harbour Master. [ Repealed by Ordi
nance No. 4 of 1867.]
13. No dead body shall be thrown overboard within the limits of this harbour, No dead bodies
or ballast to be
under a penalty not exceeding two hundred dollars, to be paid by the master of the cast into the
harbour.
vessel, and no stone or other ballast shall be thrown overboard within the said limits
under a penalty not exceeding one hundred dollars, to be paid by the master of the
vessel from which such stone or ballast shall have been thrown.
14. Except as is hereinafter directed under sections 21 and 22 of this Ordinance , Fire-arms not
to be used except
or under the sanction of the Harbour Master, no cannon , gun , or fire-arm of any in certain cases.
description shall be discharged within the limits of this harbour from any merchant
vessel or boat, under a penalty not exceeding two hundred dollars.
15. Every licensed boat shall, between the hours of sunset and daylight, carry a Boats to carry a
light at night.
lantern in a conspicuous place with the number of the licence cut out on the framing.
If the person in charge of any boat shall demand or take more than his fare, or use No abusive
language to
abusive language to passengers, or neglect to carry a light as required, or refuse passengers.
without sufficient cause to take a passenger at the fare established , the party offending,
or in his absence the person to whom the licence for the boat was granted , shall be
496 ORDINANCE No. 1 OF 1862.
Harbour Regulation.
Boats may be liable to a penalty not exceeding twenty- five dollars ; and all boats whether private or
searched by
officers in Police
boats. not may and shall be subject to be stopped and examined by the Police boats, and if
the person in charge of any boat does not heave to on being hailed by a Police boat or
uses abusive language to the officer or persons on board of her in the execution of
their duty, he shall be liable to be detained in custody until he can be brought before
a Magistrate, and on conviction be liable to a fine not exceeding twenty-five dollars.
Ships arriving 16. Every commanding officer of any ship - of- war, or master of a merchant ship
having con
tagious diseases or vessel of whatsoever nation who may arrive in this harbour having small-pox or any
on board to
report the same.
other disease of a contagious or infectious nature on board, shall hoist the proper
quarantine flag, and no communication shall be held with any other vessel or boat or
with the shore, until permission be given by the Harbour Master ; and the Boarding
Officer on nearing such ship shall be informed of the nature of such disease that
proper precautions may be taken and assistance rendered , under a penalty in any of
the foregoing cases not exceeding two hundred dollars for every offence.
Ships to remove 17. Every such commanding officer of a ship- of- war, or master of a merchant
when ordered.
vessel, having any such disease on board, shall forthwith remove his ship to any berth
which shall be pointed out by the Harbour Master, and there remain and keep the qua
rantine flag flying until a clean bill of health shall be granted by the Harbour Master;
and shall afford free access and render every assistance to the Colonial Surgeon or other
officer of health who may be directed by His Excellency the Governor to visit such
ship, under a penalty not exceeding two hundred dollars for every offence.
Steamers' 18. A public fairway shall be buoyed off for the passage of river and coast
fairway to be
kept clear.
steamers, and no vessel or boat of any description shall be allowed to anchor within
such fairway, and the master of any vessel or boat dropping anchor in, or otherwise
obstructing such fairway shall be liable for each offence to a fine not exceeding fifty
dollars in addition to any fine otherwise leviable under this Ordinance in the case of
sea going vessels , and in the case of boats registered in the Colony to a like fine in
addition to the forfeiture of register or licence if it be so adjudged by the Marine
Magistrate.
Not to make fast 19. Every master of any vessel of whatsoever description , who shall make or
to or injure
buoys and cause to be made fast to any of the public buoys or beacons or their moorings any rope,
beacons.
chain, or other gear or shall foul or in any way injure the said buoys , beacons, or moor
ings, shall on conviction thereof be fined a sum not exceeding twenty- five dollars, in
addition to the cost of repairing or replacing the same. [ Repealed by Ordinance No. 17
of 1873. ]
Vessels to 20. Every master of a vessel or hulk in this harbour shall from sunset to sun
exhibit light at
night. rise cause to be exhibited a bright white light from the starboard foreyard arm or in
the case of dismantled vessels or chops at the place where it can be best seen, and in
default shall incur a penalty not exceeding one hundred dollars.
ORDINANCE No. 1 OF 1862 . 497
Harbour Regulation.
21. In case of fire occurring on board any ship or vessel in the harbour, if at night Precautions to be
taken in case of
three lights shall be hoisted in a vertical position at the highest mast head, and a single fire.
light at the peak, and guns shall be fired in quick succession until sufficient assistance
shall be rendered ; if during the day the ensign Union down with the signal Marryat's
Code 2,104 " I am on Fire " shall be hoisted at the highest mast head and guns fired as
above provided for night-time.
22. If on board any ship or vessel in the harbour a disturbance or riot shall occur Precautions to be
taken in case of
which the master or his officers are unable to quell by the usual process of bringing the mutiny.
offenders before the Marine Magistrate or a Justice of the Peace ; ifby day the ensign
Union down shall be hoisted at the peak and the signal 3,240 " Mutiny on Board "
shall be hoisted at the highest mast head or wherever practicable under the circumstances ;
guns may also be fired as in section 21 ; if by night three lights shall be hoisted at the
peak and a single light at the mast head, and guns may also be fired as before stated.
23. The boundaries, limits, and anchorage of Victoria harbour shall henceforth Boundaries,
limits, and
be defined and taken to be as follows : anchorage of
harbour.
On the east
A line drawn from the northernmost point of the Island of Hongkong to the
north-east boundary of British Kowloon.
On the west
A line drawn from the westernmost point of Hongkong to the western side
of Green Island, continued to western point of Stone Cutter's Island, thence to
north point of Stone Cutter's Island, continued to north-west boundary of British
Kowloon.
The harbour shall be divided into two anchorages, viz., the northern and
southern.
Northern anchorage shall have for its southern boundary the north extremity
of Hongkong shut in with the southern point of the Kowloon Peninsula bearing
east by south.
Southern anchorage shall have for its northern boundary, Kellett's Island
bearing east by south south .
24. It shall be lawful for the Harbour Master to direct and enforce the anchorage Anchorages
fixed for S.W.
of ships in the northern part of the harbour from 1st June to 15th October, and in the and N.E.
moonsoons.
southern part of the harbour from 16th October to 31st May in each year ; and it shall
be lawful for the Harbour Master to permit a ship to anchor in the south part of the
harbour during the period first above mentioned , or in the north part of the harbour
during the period last above mentioned for the purpose of discharging cargo and for a
specified space of time.
25. It shall be lawful for His Excellency the Governor from time to time to set Anchorage for
men-of-war.
apart a special portion of the harbour for the anchorage of ships of war, and within
such portion of the harbour no merchant vessels , or native craft, or boats of any de
scription shall be permitted to anchor without the special sanction of the Harbour
Master in each case obtained.
498 ORDINANCE No. 1 OF 1862.
Harbour Regulation.
Anchorage and 26. It shall be lawful for the Harbour Master to fix from time to time the place
mooring for river
and coasting
steamers. of anchorage for river and coasting steamers, and to grant permission to the owners of
such steamers to lay down permanent moorings to be by him approved , notwithstand
ing anything to the contrary contained under sections 23 and 24 of this Ordinance, but
no river or coasting steamer shall drop anchor or moor within the fairway provided
under section 18 of this Ordinance.
Masters ofvessels 27. Every master of any vessel whatsoever fitting in this harbour for the con
fitting for
conveyance of veyance of emigrants whether to be shipped at this or any other port, shall report the
passengers to
report same.
same to the Harbour Master under a penalty not exceeding five hundred dollars, and
the fittings of said vessel shall be subject to the approval of such officer, who is
hereby empowered at all reasonable times to go on board and inspect such vessel ; and
any person who shall in any way impede the Harbour Master in the execution of this
duty shall also be liable to a penalty not exceeding five hundred dollars . [ Repealed by
Ordinance No. 3 of 1873 and by Ordinance No. 5 of 1874.]
One dollar 28. A copy of this Ordinance shall be delivered to each master of a vessel
payable on
retention of copy
ofthis Ordinance. entering the harbour, and on neglect to return such copy on obtaining clearance a fee
of one dollar shall be payable by the master.
Cases arising 29. Where no penalty is attached by this Ordinance for the breach or infringe
under this
Ordinance to be ment of any provision herein contained , the penalty shall be a sum not exceeding
tried by the
Marine Magis twenty-five dollars. All offences against any of the provisions of this Ordinance shall
trate.
be cognizable by and may be heard and decided before the Marine Magistrate, who is
hereby empowered in all cases to order payment of costs by the defendant ; and in
default of payment of the penalty and costs awarded, may levy the same by distress
and sale of the offender's goods, or may forthwith commit such offender to gaol for
any term not exceeding three months . All orders, judgments, and decisions of the
Marine Magistrate shall be subject to the right of appeal given by Ordinance No. 4 of
1858.
Provision for 30. Whenever the Marine Magistrate shall be incapacitated by absence, illness,
adjudication in
absence of or otherwise from the performance of his duties, it shall be lawful for the Acting
Marine Magis
trate.
Marine Magistrate, or any Stipendiary Magistrate, or any two Justices of the Peace of
the Colony to adjudicate upon all cases and enforce all penalties under this Ordinance.
Interpretation 31. Wherever the word " Master " is used in this Ordinance, it shall be deemed
clause.
to include any person having charge of a ship or vessel or any other craft.
[ All repealed by Ordinance No. 8 of 1879. ]
ORDINANCE No. 2 OF 1862 . 499
Volunteers.
No. 2 of 1862.
An Ordinance to authorize the Enrolment of a Volunteer Force .
[ 17th March, 1862. ]
E it enacted by His Excellency the Governor of Hongkong, with the advice of the
BR Legislative Council thereof, as follows :--
1. Such and so many of the inhabitants of Hongkong as shall volunteer and offer Formation ofa
volunteer corps
themselves, and as His Excellency the Governor shall approve of, shall be permitted to authorized.
form themselves into a corps for the protection of the Colony of Hongkong, and such
corps shall be called the " Hongkong Volunteers," and shall continue so formed during
the pleasure of His Excellency the Governor ; such volunteers shall be instructed in the
use of the rifle and in the management of artillery , and be subject to drill accordingly.
2. The Governor shall appoint such commissioned officers as to him shall seem Commissioned
officers to be
proper for such corps . appointed by the
Governor.
3. The commanding officer of the corps shall appoint the necessary non Non-commis
sioned officers to
commissioned officers. be appointed by
the commanding
officer.
4. The commanding officer of the corps shall, as soon as he conveniently can do Commanding
officer to make
and alter rules
so, frame such rules as he may deem proper for regulating the period of enrolment, for the corps.
arms, dress, accoutrements, and equipment, of the said corps and of the members thereof,
the time and place of drill and exercise, and all matters relating to the enrolment,
efficiency, and discipline of the said corps and of the members thereof, which rules may
be enforced by reasonable fines and penalties for breach thereof ; and he shall from
time to time alter and vary such rules and penalties as to him shall seem fit.
5. All such rules and alterations of rules shall be submitted from time to time Such rules when
confirmed by the
Governor to have
to His Excellency the Governor of the said Colony for the time being, and shall not same force as to
members ofcorps
have any force until confirmed by him ; and all such rules as shall be so made or altered , as if inserted
herein.
and as shall be so confirmed , shall have the same force for the regulation of the members
of the said corps as if the same rules so confirmed had been inserted in, and had formed
part of this Ordinance.
6. All fines inflicted under or by virtue of any rule when so confirmed as aforesaid , Fines under such
rules to be
recoverable
shall be recoverable and be enforced before and by a Police Magistrate in like manner before a Police
Magistrate.
as fines imposed by such Magistrate are now recoverable and enforceable respectively.
7. After the promulgation of such rules as aforesaid, the commanding officer shall Commanding
officer to admit
volunteers.
admit volunteers from time to time and enrol them as members of the corps.
8. Every volunteer being a Christian upon being admitted shall subscribe his name Every volunteer
to take oath or
make declaration
on the roll of the said corps, and shall take before a Justice of the Peace an oath in form
prescribed.
according to the form following :
500 ORDINANCES Nos. 2 AND 3 OF 1862.
Volunteers. Exportation of Military Stores.
Form of oath. I (A.B.) do promise and swear that I will be faithful and bear true
allegiance to Her Majesty Queen Victoria, and that I will faithfully serve in
the " Volunteer Force " during the term of my enrolment : So help me God .
And every volunteer not being a Christian shall make a declaration according to the
form following :
Form of I (A.B.) do solemnly, sincerely and truly declare that I will be faithful
declaration.
and bear true allegiance to Her Majesty Queen Victoria, and that I will
faithfully serve in the " Volunteer Force " during the term of my enrolment.
[ Repealed by Ordinance No. 18 of 1882. ]
NOTE. - The Corps formed in 1878 was disbanded by Government Notification 28th
October, 1882.
No. 3 of 1862 .
An Ordinance to authorize His Excellency the Governor by
Proclamation to prohibit the Exportation of Military Stores
and other Articles.
[ 17th March, 1862. ]
Preamble.
HEREAS it is desirable to vest in His Excellency the Governor
W power to prohibit the exportation of military stores and other
articles and goods, subject to such provisions as are hereinafter expressed :
Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as
follows :
Exportation 1. It shall be lawful for His Excellency the Governor , by and with
of military
stores, & c., the advice of the Executive Council, by Proclamation to be published in
may be pro
hibited by the Hongkong Government Gazette, or in any Extraordinary Gazette, to
and forfeiture prohibit for such period as shall be mentioned in such Proclamation ,
and mode of
seizure for either to be exported from the Colony of Hongkong or to be carried
breach of
prohibition. coastwise within the said Colony, arms , ammunition , and gunpowder ,
military and naval stores, and any articles which His Excellency may
judge capable of being converted into or made useful in increasing the
quantity of military or naval stores , provisions, or any sort of victual
which may be used as food by man , or any or either of such arms,
ORDINANCES Nos . 3 AND 4 OF 1862 . 501
Exportation of Military Stores. Jury Panel.
ammunition, gunpowder, stores , goods or articles , respectively. And in
case any such arms, ammunition , gunpowder, stores, goods , or articles
which shall have been so prohibited shall be exported from the said
Colony or shall be carried coastwise , or be water-borne to be so exported
or carried, they shall be forfeited and shall vest in Her Majesty, and
forthwith thereupon it shall be the duty of the Harbour Master of this
Colony by warrant under his hand upon his own view, or upon an infor
mation made upon oath before any Justice ofthe Peace for the said Colony,
to cause all such goods and articles so hereinbefore declared forfeited to
be seized, and to detain the same to the use of Her Majesty and to be
disposed of as His Excellency the Governor shall by order under his
hand and seal direct. [Amended by Ordinance No. 3 of 1884. ]
2. The Harbour Master shall not be liable in damages or otherwise Harbour Mas
ter not to be
for any act done by him in pursuance of the obligation and duty imposed
when adopted
on him by this Ordinance , and in case His Excellency the Governor shall bythe
Governor.
direct the disposition of any goods or article which shall have been seized
by the said Harbour Master, such direction shall be conclusive evidence
that the act done by the said Harbour Master is within the duty imposed
on the said Harbour Master by this Ordinance.
No. 4 of 1862.
An Ordinance to amend Ordinance No. 4 of 1851 , and to increase the Jury
Panel to Thirty.
[ 17th March, 1862. )
HEREAS it is advisable by reason of the increase in the number of trials for
W criminal offences before the Supreme Court to enlarge the number of jurors to
form a panel : -Be it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :
1. The number of persons summoned to serve as jurors at each criminal sessions Jury panel to
consist of 30
of the Supreme Court shall be thirty, and their names shall be drawn from the ballot. names.
box in the manner prescribed in section 6 of Ordinance 4 of 1851 .
[ Repealed by Ordinance No. 11 of 1864.]
502 ORDINANCE No. 5 OF 1862 .
Civil List.
No. 5 of 1862.
An Ordinance to amend Ordinance No. 13 of 1860 by abolishing
the Salaries of the Chief Magistrate and Assistant Magis
trate, and to make provision for the Salaries of the Judge of
the Court of Summary Jurisdiction and of Two Police
Magistrates.
[ 17th March, 1862. ]
Preamble. HEREAS it is necessary to amend Ordinance No. 13 of 1860 , now
be it enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
Amendment 1. Section I of Ordinance No. 13 of 1860 is hereby amended as
ofsec. 1 of No.
13 of 1860. follows : the words " Twenty- seven Thousand " shall be struck out from
the said section , and the words " Twenty-eight Thousand two Hundred "
shall be read as inserted therein , in substitution for the said words "Twenty
seven Thousand . "
Amendment 2. The schedule to the said Ordinance is hereby amended as follows :
of schedule to
the same the words and figures therein " Chief Magistrate £ 1,200 and £ 1,200 ”
Ordinance .
and " Assistant Magistrate £ 700 and £ 700 " shall be considered as struck
out from the schedule, and the words and figures following " Judge of the
Court of Summary Jurisdiction £ 1,500 and £ 1,500 " shall be considered
as inserted next after the words " Colonial Secretary ; " and the words
" Two Police Magistrates ( £ 800 each ) £ 1,600 and £ 1,600 " shall be con
sidered as inserted next after the words " Surveyor General ; " and instead
of the words " Chief Magistrate's Establishment " the words " Police Ma
gistrates' Establishment " shall be inserted therein.
Suspending 3. This Ordinance shall not come into operation until Proclamation
clause.
be made to that effect by command of His Excellency the Governor, and
published in the Hongkong Government Gazette.
NOTE. -In force by Proclamation dated 7th July, 1862, and from same date.
ORDINANCE No. 6 OF 1862 . 503
Chief Magistrate and Assistant Magistrate - Abolition .
No. 6 of 1862 .
An Ordinance to abolish the Offices of Chief Magistrate and Assistant Title.
Magistrate, and to appoint and define the Duties of Two Police
Magistrates.
[ 22nd March, 1862. ]
HEREAS it is advisable that the offices of Chief Magistrate and Assistant Preamble.
W Magistrate should be abolished , and that two Police Magistrates should be
appointed in their stead with such jurisdiction and powers as are hereinafter ex
pressed : -Be it therefore enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
1. The offices of Chief Magistrate and Assistant Magistrate are hereby abolished. Offices of Chief
and Assistant
Magistrates
abolished.
2. Two Police Magistrates shall be appointed from time to time, and they or Two Police
Magistrates
either of them shall have and exercise such and the like powers as by any Ordinance of appointed.
this Colony were prior to this Ordinance vested in the Chief Magistrate and Assistant
Magistrate respectively, except so far as such powers are varied or amended or abrogated
by this Ordinance ; and every Police Magistrate shall by virtue of his office be a Justice
of the Peace .
3. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is hereby Ordinance No. 1
of 1849 repealed,
repealed, except so far as the same repeals Ordinance No. 6 of 1847. except so far as
it repeals No. 6
of 1847.
4. Each of the said Police Magistrates shall have power to hear, try and deter Crimes and
offences triable
under this
mine in a summary manner any crime, misdemeanour or offence, the punishment for Ordinance.
the commission of which is or may be imprisonment, fine, and whipping, or any or
either of such punishments : Provided always that in case it shall appear to the Police Proviso reserving
power to commit
Magistrate at the hearing that any such offence ought to be visited with a heavier to Supreme
Court.
punishment than this Ordinance authorizes, it shall be lawful for him to commit the
offender or offenders for trial in the Supreme Court.
5. It shall be competent for a Magistrate to award, as punishment for any crime Limit of
punishment by
or offence, imprisonment in any gaol of this Colony for any period not exceeding six Magistrate.
calendar months, with or without hard labour ; or any fine not exceeding fifty dollars ;
or both fine and imprisonment not exceeding these limits; and it shall be lawful for the
Magistrate to direct any portion of such imprisonment not exceeding one month to be
solitary, but so that such solitary imprisonment shall not exceed fourteen consecutive
days : And further, that when any male offender shall be convicted under this Ordi
nance of any felony, or misdemeanour after having been previously convicted of felony
or misdemeanour, it shall be lawful for the Magistrate to direct that, in addition to any
other punishment to which he may be sentenced, such offender shall be once or twice Corporal
punishment in
publicly or privately whipped. [ Repealed by Ordinance No. 1 of 1863. ] addition.
504 ORDINANCE No. 6 of 1862 .
Chief Magistrate and Assistant Magistrate - Abolition.
Manner in which 6. Whenever corporal punishment shall be inflicted under this or any other
corporal
punishment is to Ordinance, such punishment shall in no case exceed thirty- six blows with a rattan ,
be inflicted.
to be inflicted in the presence of the Governor of the Gaol, or Superintendent of Police,
or other officer of Police appointed for that purpose.
Amends may be 7. On the conviction of any person of any offence by which injury or loss to
awarded in
addition to
punishment. person or property shall have accrued, it shall be lawful for the convicting Magistrate
to award reasonable amends, to be made by the offender to the person aggrieved, by
payment, in addition to the penalty to which the offender may be liable for the offence,
of any sum not exceeding fifty dollars , notwithstanding that the aggrieved person may
have been examined as a witness in the case.
Recovery of fines 8. If any fine or any amends or compensation imposed or awarded under this
and amends.
Ordinance shall not be paid on conviction , or within such time or times as may be
determined by the Magistrate, it shall be lawful for such Magistrate to levy the amount
by distress on the goods and chattels of the offender. And in case the amount of any fine
or amends or compensation , shall not be fully paid or recovered by distress, or in case
no such distress shall have been levied or ordered , it shall be lawful for such Magistrate
to cause the offender to be imprisoned for any period not exceeding, together with such
other imprisonment , if any, as may have been awarded for his said offence, the term of
six calendar months in the whole.
Power to commit 9. If any person shall use any threatening or insulting expression to or concerning
persons using
insulting or in the presence of a Police Magistrate or Justice of the Peace, when acting in the
language to or in
presence of
Magistrate . discharge of any magisterial duty, he shall be liable to be fined by the said Magistrate
or Justice of the Peace in an amount not exceeding fifty dollars, or to be imprisoned
for a term not exceeding two calendar months .
Compensation or 10. If it shall appear to a Police Magistrate that any charge or complaint was
penalty for
malicious prose
cution or false maliciously preferred, or that any witness has given false testimony, it shall be lawful
testimony,
for such Magistrate to award compensation not exceeding fifty dollars to be paid by
such prosecutor or witness to the person aggrieved, or in his discretion to impose on
such prosecutor or witness a fine not exceeding fifty dollars, or to award compensation
and impose a fine not exceeding together the sum of fifty dollars.
Recognizances 11. Whenever any person shall enter into any recognizance or Crown bond (except
(other than as to
Supreme Court) recognizances entered into for appearance before the Supreme Court of this Colony)
to be estreated
in default.
before any Magistrate, Justice of the Peace or any officer of Police, and such
bond or recognizance shall become forfeited, it shall be lawful for a Magistrate to
summon the person bound by the said recognizance or bond before him, and on
satisfactory proof of forfeiture or breach of condition, to order the said recognizance
or bond to be estreated and to authorize a constable of this Colony to levy the amount
or penalty of the said recognizance or bond upon the goods, chattels, lands, and
tenements of the defaulter, and in case there shall be no sufficient goods, chattels, lands,
or tenements to satisfy the amount of the distress warrant, the defaulter shall be liable
to imprisonment for any term not exceeding three months.
ORDINANCES Nos. 6 AND 7 OF 1862 . 505
Chief Magistrate & Assistant Magistrate- Abolition. Court of Summary Jurisdiction.
12. Section 41 of Ordinance No. 14 of 1845 is hereby repealed, and in every case Imprisonment
for non-payment
of fines.
of the adjudication of a pecuniary penalty or amends under the same Ordinance and
non-payment thereof, it shall be lawful for the Magistrate to cause the offender to be
imprisoned for any term not exceeding three calendar months, [ " with or without hard
labour" as amended by Ordinance No. 9 of 1867 ] such imprisonment to cease on payment
of the sum remaining unpaid.
13. The Marine Magistrate shall have the power of a Police Magistrate to hear Marine Magis
trate or two
and decide all cases of assault, and assault and battery unaccompanied by an intent Justices of the
Peace to have
power of one
to commit felony, and any two Justices of the Peace of this Colony sitting together Police Magis
trate.
shall have power to do any act or acts that a Police Magistrate is by this Ordinance
authorized and empowered to do.
14. This Ordinance shall not come into operation until Proclamation be made to Suspending
clause.
that effect by command of His Excellency the Governor, and published in the Hongkong
Government Gazette.
[In force by Proclamation 7th July, 1862, and from same date : Repealed by
Ordinance No. 16 of 1875. ]
No. 7 of 1862.
An Ordinance to establish a Court of Summary Jurisdiction , and to Title. [See Ord,
No. 1 of 1871.]
authorize the appointment of a Judge thereof.
[ 22nd March, 1862. ]
HEREAS the business of the Supreme Court of Hongkong has of late greatly Preamble.
W increased, and it is necessary to relieve the Chief Justice from some of his
judicial duties, and otherwise to afford to him aid in the administration of justice :
And whereas the business of the Police Courts has also greatly increased, and it is
desirable to relieve such Courts of all proceedings of a civil nature : And whereas for
the purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the
Court of Summary Jurisdiction : Be it therefore enacted by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. Ordinance No. 9 of 1845 , No. 3 of 1849 , No. 5 of 1854, and No. 10 of 1857 are Ordinances No. 9
of 1845, No. 3 of
hereby repealed . 1849, No. 5 of
1854 and No. 10
of 1857, repealed.
2. A Court, for the trial and decision of causes in a summary manner by the Court of Sum
mary Jurisdic
Judge thereof, shall be and is hereby constituted, which Court shall be called the Court tion constituted.
of Summary Jurisdiction , and the said Court shall be a Court of Record .
3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease Summary Juris
diction of Sup
reme Court
and determine, and the same is hereby transferred to the said Court of Summary transferred.
Jurisdiction hereby constituted.
506 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
CivilJurisdiction 4. The jurisdiction of the Chief Magistrate and Assistant Magistrate, or of any
of Magistrates
transferred.
Police Magistrate and of Justices of the Peace, of a civil nature, shall cease and deter
mine, and the same is hereby transferred to the said Court of Summary Jurisdiction
hereby constituted.
Judge of Court 5. The said Court of Summary Jurisdiction shall be holden by and before a Judge
ofSummary
Jurisdiction to thereof, to be called the Judge of the Court of Summary Jurisdiction of Hongkong,
be appointed.
who shall be a barrister- at-law in England or Ireland or an advocate in Scotland of
not less than five years standing : Provided that , in case of the death, temporary
illness, or absence of the said Judge, it shall be lawful for the Governor to appoint any
fit and proper person temporarily to discharge the duties of the said office.
Seal of Court. 6. The said Court of Summary Jurisdiction shall have and use , as occasion may
require, a seal bearing a device and impression of the Royal Arms with the inscription :
"Court of Summary Jurisdiction . Hongkong ." -and every summons and other process
issued thereout, shall be stamped with such scal.
Jurisdiction of
Judge. 7. The Judge of the Court of Summary Jurisdiction shall have full power and
authority to hear and determine in a summary way, and without the intervention of
a jury, all disputes and differences between party and party touching any matter of
debt, breach of covenant or contract or promise, injury to the person or property, or
other matter: Provided that, in all cases respectively, the debt or damages or balance
sought to be recovered shall not exceed the sum of five hundred dollars, and that the
matter in question shall not relate to the title to any lands, tenements , or hereditaments,
nor to the taking of any duty payable to Her Majesty, nor to any fee of office or other
matter where rights in futuro may be bound, nor to any general right or duty :
Provided also, that the said Court shall not have power to hear or determine any
matter or question , which arose more than three years before the hearing thereof,
unless there has been some contract, acknowledgment , undertaking, or promise to pay
in respect thereof by the party to be charged within three years before the filing of
the plaint : Provided also, that no party shall be precluded or exempted from suing
or being sued in the aforesaid Summary Jurisdiction by reason of his or her not having
attained the full age of twenty -one years or by reason of coverture where the husband
shall not be resident within the said Colony of Hongkong.
No cause of 8. No cause of action or complaint which shall exist at any one time, amounting
action to be split.
[See Ord. No. 1 in the whole to a sum exceeding five hundred dollars as aforesaid, shall be split or
of 1871, sec 35.]
divided so as to be made the ground of two or more different actions or complaints, in
order to bring such cases within the Summary Jurisdiction created by this Ordinance ;
but if the Judge of the Court of Summary Jurisdiction shall find that the plaintiff in
any case shall have split his cause of action or complaint as aforesaid , he shall dismiss
the said action or complaint with the ordinary costs of a dismissal, without prejudice
however to the plaintiff's right to sue upon such cause of action or complaint in such
other manner as he may be advised : Provided that if such plaintiff shall be satisfied
to recover a sum not exceeding five hundred dollars , in full of the whole of his demand,
ORDINANCE No. 7 OF 1862 . 507
Court of Summary Jurisdiction.
then the said Judge shall and may entertain the complaint of such plaintiff, and in
case any order shall be made in favour of such plaintiff, the same shall be expressed to
be, and shall be, in full discharge of the whole of such demand.
9. Except by consent or by leave of the Court, no cause or matter within the Notice ofaction,
and special
defences.
Summary Jurisdiction shall be set down for hearing before at least two clear days
from the service of the summons where the sum claimed shall be more than fifty
dollars, nor before twenty-four hours where the sum claimed shall be fifty dollars or
less than that sum. And, except by consent or by leave of the Court, it shall not be
competent to the defendant to enter into any special defence such as " set off "
"illegality" " want of consideration ," or the " Statute of Limitations," unless at least
twelve hours ' written notice thereof has been first given to the plaintiff or his attorney.
10. The Judge of the Court of Summary Jurisdiction shall have authority to issue Writs ofcapiasad
respondendum
may be issue as
writs of capias ad respondendum in respect of claims exceeding fifty dollars, and not in Supreme
Court.
exceeding five hundred dollars , and shall have all such powers and authorities as to
such writs as before the passing of this Ordinance were vested in the Chief Justice by
virtue of Ordinance No. 6 of 1845, and the forms of procedure heretofore in use in the
Supreme Court as to such claims shall be adopted by the Court of Summary Jurisdiction ,
with such alterations as the Judge of such Court shall deem proper. The fees of Court
and costs, in respect of such proceedings, shall be the same as are at present allowed.
11. It shall be lawful for the Judge of the Court of Summary Jurisdiction to Costs.
award costs in all actions or complaints as he may think proper ; and also to allow such
reasonable sum or sums of money for the attendance and loss of time of parties and
witnesses as he the said Judge shall think fit.
12. When the term and interest of the tenant of any lands or tenements where Possession of
tenements not
exceeding five
the value of the premises or the rent payable in respect of such tenancy did not exceed hundred dollars
per annum, re
the anniual value of five hundred dollars, shall have ended or shall have been duly coverable in the
Court of Sum
determ ned by a legal notice to quit, and if such tenant or occupier of the same or any mary Jurisdie
tion.
part thereof shall neglect or refuse to quit and deliver up possession of the premises or
part thereof respectively, it shall be lawful for the landlord or his agent to enter a
plaint in the said Court, and thereupon a summons shall issue to the person so neglect
ing or refusing ; and if the tenant or occupier shall not thereupon appear at the time If tenant, &ca
neglect to appear
and place appointed and show cause to the contrary, and shall still neglect or refuse to or refuse to give
possession, Court
may, on proof of
deliver up possession of the premises to the landlord or his agent, and pay the costs service of sum
mons, issue a
incurred, it shall be lawful for such landlord or agent to give proof to the Court of the warrant to
enforce the same.
holding, and of the end or other determination of the tenancy , with the time or manner
thereof, and, where the title of the landlord has accrued since the letting of the
premises, the right by which he claims the possession ; and upon proof of service of
the summons and of the neglect or refusal of the tenant or occupier, the Court may
issue a warrant to the bailiff of the said Court requiring and authorizing him, within
not less than seven or more than ten clear days from the date of such warrant to give
possession of the premises to such landlord or agent ; and such warrant shall be a
508 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
sufficient authority to such bailiff to enter upon the premises with such assistants as
he shall deem necessary, and to give possession accordingly : Provided that no such
entry be made on a Sunday, Good Friday, or Christmas Day, or except between the
hours of nine in the morning and four in the afternoon.
Provisions as to 13. Having regard to the annual amount aforesaid, where an arrear of six months'
arrears of rent.
rent shall be due on any lands or premises, and not paid after due demand, and no
sufficient distress on the lands or premises to satisfy such arrear, it shall be lawful for
the landlord to proceed in manner aforesaid, and for the Court to make a decree for
putting such landlord into possession , unless the rent and costs of proceedings be paid
within one fortnight from the pronouncing of such decree.
Proceedings, or 14. The several proceedings , orders , decrees, and dismissals which shall be taken ,
ders, &c., may
be in form pre prosecuted, made and pronounced in the said Court of Summary Jurisdiction may be
scribed in sche
dule No. 1. in the form prescribed in the schedule No. 1 hereunto annexed , or as near thereto as
circumstances will admit.
Court may dis 15. It shall be lawful for the said Judge, and he is hereby empowered, to dismiss
miss action or
complaint with any action or complaint which may be brought before him either with or without costs,
or without costs.
and either on the merits, or without prejudice to further or other proceedings as he
shall think fit.
Consequences 16. If any action or suit shall be commenced in the Supreme Court for any debt or
ofnot proceed
ing under Sum damages other than hereinbefore excepted , not exceeding the sum of five hundred dollars,
mary Jurisdic
tion.
and recoverable under and by virtue of the jurisdiction hereby given, the plaintiff in
such action or suit shall not, by reason of any verdict for him, be entitled to any costs
whatsoever : and if the verdict shall be given for the defendant or defendants in such
action or suit, and the Chief Justice of the said Court shall think fit to certify that such
action or suit ought not to have been brought and tried before him , then such defend
ant or defendants shall have double costs, and shall have such remedy as he or they
could have for his, her, or their costs in any case by law. [ Repealed by Ordinance No.
1 of 1871. ]
Plaintiffs and 17. No person whatever shall be permitted to appear and act in any such sum
defendants to
attend personal mary proceeding, for or on behalf of any plaintiff or defendant therein where the sum
ly, unless un
avoidably pre claimed does not exceed one hundred dollars, unless it shall be first proved to the satis
vented.
faction of the Judge, that such plaintiff or defendant is prevented by some unavoidable
necessity, or some good or sufficient cause from attending such Court in person. [ Re
pealed by Ordinance No. 1 of 1871. ]
Right of parties 18. Whenever any plaint or suit shall be instituted under or by virtue of this
to be assisted by
attorneys or Ordinance for the recovery of any sum exceeding one hundred dollars, it shall and may
agents.
be lawful for the plaintiff or defendant, with the consent of the Judge, to employ any
friend, agent, or an attorney of the Supreme Court, to assist at the trial or hearing of
the suit ; and each party shall respectively bear and defray the expense incurred by the
employment of his own attorney, save and except when the Judge shall certify that the
case was such as to render it fit and advisable for the party or parties obtaining a
ORDINANCE No. 7 of 1862 . 509
Court of Summary Jurisdiction.
decree or order of the Court to have professional assistance, and that he or they ought
to be re-imbursed the cost thereof, in which case the cost of the employment of such
attorney or attorneys shall be defrayed by that party against whom the decree or order
shall be pronounced : And it is hereby provided, that in such case, no other or further
fee or charge shall be allowed , either between attorney and client, or party and party ,
than those specified in the schedule No. 2 hereunto annexed. [ Repealed by Ordinance
No. 1 of 1871. ]
19. The provision contained in the 27th section of Ordinance No. 6 of 1845 , with Witness not at
tending and per
respect to the non-attendance of witnesses pursuant to their subpoenas, and to persons sons guilty of
contempt, how
punished.
guilty of a contempt of Court , shall apply to and be in force as to all matters and
proceedings in the Court of Summary Jurisdiction .
20. The provisions contained in the 28th section of Ordinance No. 6 of 1845, Perjury.
made with respect to persons guilty of wilful and corrupt perjury, and the provisions
contained in the 4th section of Ordinance No. 2 of 1860 as to declarations, shall apply
to and be in force as to all matters and proceedings in the said Court.
21. In each and every case in the said Court where the Judge shall have made Execution.
any order or decree for the payment of money, it shall be lawful for the said Judge,
at the prayer of the party so prosecuting such order or decree, to issue a writ or
precept, which writ or precept shall be directed to one or more bailiff or bailiffs of
the said Court, who is and are hereby authorized and empowered to levy the amount
thereof of the goods, chattels, and effects, of the defendant, or to arrest the defendant
as the case may be : Provided that it shall be lawful for the Judge, and he is hereby Power to appoint
special bailiffs.
empowered and authorized , when thereto required by the plaintiff in any suit or
proceeding wherein such writ or precept may be issued, to appoint one or more special
bailiff or bailiffs , to be named by the said plaintiff, to execute such writ or precept,
upon receiving from such plaintiff full and sufficient security against any improper
use or abuse of such writ or precept.
22. All such orders and decrees shall be carried into execution in any district Orders and de
crees may be
executed any
or place whatsoever within the said Colony, or in any place within the jurisdiction of where within
the Colony.
the Supreme Court, where the defendant, his goods, chattels or effects, may be found
or be met with : Provided that all executions and processes against the property of Time of levy.
the defendant shall be executed after sunrise and before sunset, and that any officer
or person executing the same at any other time shall be liable to a fine of not exceed
ing fifty dollars, which shall be set by the Judge of the said Court and enforced by
distress and sale of the offender's goods.
23. For the purpose of preventing any disputes as to the mode of executing the Mode of execn
tion.
said last mentioned writ or precept, the same shall be executed in the following
manner : that is to say, the bailiff or bailiffs in the first instance shall if practicable
levy on the goods, chattels, and effects of the defendant, and in the event of such
bailiff or bailiffs not being able to find sufficient goods, chattels or effects, of the
defendant, and the defendant failing to point out to his or their notice any property
510 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
whereon to levy, the said bailiff or bailiffs shall enforce the order or decree ofthe
Court by the personal arrest and imprisonment of the defendant as hereinafter is
mentioned.
Interpleader. 24. If any claim shall be made to or in respect of any goods or chattels taken in
execution under the process of the Court, or in respect of the proceeds or value
thereof by any landlord for rent or by any person not being the party against whom
such process has issued , it shall be lawful for the clerk of the Court, upon application
of the officer charged with the execution of such process, as well before as after any
action brought against such officer, to issue a summons calling before the said Court
as well the party issuing such process as the party making such claim, and thereupon
the Judge of the said Court shall adjudicate upon such claim and make such order
between the parties in respect thereof, and of the costs of the proceedings, as to him
shall seem fit, and such order shall be enforced in like manner as any order made in
any action in the same Court .
Imprisonment 25. Every defendant who shall be arrested and taken in execution under the
by process of
Court not to ex
ceed six months. process of the said Court, shall be imprisoned for a space of time not exceeding six
calendar months, unless, before the expiration thereof, the order or decree of the said
Court shall have been satisfied : Provided that in case any defendant shall be dis
charged from prison without having paid the debt and costs for which he had been
Liability of imprisoned, it shall be lawful for the complainant, at any time within three years after
after-acquired
effects. such order or decree, to take out fresh execution against any estate or effects which
such defendant may have become possessed of or entitled to, until such order or decree
shall be fully satisfied.
Expenses of 26. Whenever any defendant shall be taken in execution under any process
debtors' main
tenance in pri under this Ordinance, the complainant at whose suit he shall have been taken in
son to be paid
by execution
creditor. execution shall pay the expenses of the necessary and proper maintenance of the de
fendant in prison not exceeding the sum of twenty-five cents per diem, and the amount
of such expenses shall be a debt to the Crown , and shall be suable for and recoverable
by the Governor of the Gaol for the time being.
Execution not 27. No execution awarded against the goods of any party shall extend to or be
to prejudice
landlords. construed to extend to deprive any landlord of the power vested in such landlord by an
Act passed in the eighth year of the reign of Her Majesty Queen Anne, intituled
"An Act for the better Security of Rents and to prevent Frauds committed by Te
nants, " of recovering one year's rent by virtue of and in pursuance of the said Act.
Court may order 28. It shall be lawful for the said Judge of the Court of Summary Jurisdiction
money to be paid
by instalments. whenever it shall appear to him that the levy of the full amount of any order or decree
of the same Court at one time may be attended with great distress to the defendant,
and that such distress may be avoided or lessened by enlarging the time for satisfying
such order or decree, to order and direct the amount thereof, together with the costs,
and charges, to be paid by instalments, at such stated times, and in such proportional
amounts, as shall be expressed in such order, and as shall be reasonable and just :
ORDINANCE No. 7 OF 1862 . 511
Court of Summary Jurisdiction.
Provided that, unless with the consent of the plaintiff, the time for satisfying any such
order or decree shall not exceed three months from the time of making such order as
aforesaid : Provided also that if the defendant shall fail to pay any such instalment
agreeably to such order, in every such case the plaintiff may proceed to take out execu
tion for the amount of such order or decree and the costs and charges thereof then
remaining due and unsatisfied in like manner as if no such order as aforesaid had
been made.
29. All orders and decrees or other decisions , so to be made or pronounced in any Appeal.
such summary proceeding as aforesaid , shall be subject, with the consent of the Judge,
to an appeal to the Chief Justice ; but in case the Judge should refuse such consent,
the Chief Justice may notwithstanding , on application , allow such appeal on such terms
as to him shall seem fit.
30. In case any action or suit shall at any time hereafter be commenced or brought Actions against
officers, &c.
against any officer of the said Court of Summary Jurisdiction, or against any other
person for anything done in pursuance of or under the authority of this Ordinance, it
shall be lawful for such officer or other person in every such suit or action to plead the
general issue, and give this Ordinance and the special matter in evidence ; and in case General issue.
the plaintiff in such action or suit shall have a verdict pass against him or be non -suit
or discontinue his action or suit, the defendant shall, in any of the said cases, be allowed
double costs.
31. No action or complaint or other proceeding under the Summary Jurisdiction Proceedings not
to be set aside for
given by this Ordinance, shall be treated or considered as invalid or subject to be set want of form.
aside, on account of any verbal or technical error ; but all errors and mistakes not hav
ing a tendency to mislead the opposite party, shall and may in all cases be amended or
altered by the Court.
32. In all actions and complaints or other proceedings in the Court of Summary Allowance and
recovery of fees.
Jurisdiction created by this Ordinance, the fees specified by the schedule No. 2 here
unto annexed , shall, unless and until otherwise ordered and directed, be established
and be deemed and taken as the lawful fees and emoluments of the said Court and of
the attornies thereof for the discharge of the several duties therein specified ; and the
Judge of the Court shall have full power to compel the payment of the fees of the Court
in a summary way by order, and on non-payment, by warrant of distress and sale
under his hand and sealed with the seal of the Court ; and the said fees shall be received Clerk to receive
and account for
and accounted for by the clerk of the Court and be paid over to the Colonial Treasurer. fees.
[Section inserted and numbered 33 by Ordinance No. 9 of 1864 and see section 49 of Ordi
nance No. 1 of 1871.]
33. [Re-numbered " 34 " by Ordinance No. 9 of 1864. ] The Judge of the Court The Judge ofthe
Court to preside
of Summary Jurisdiction shall in addition to his duties as such Judge have full power in all such causes
in the Supreme
Court as the
to preside at the trial of all such causes to be tried before a jury and to hear and Chief Justice
shall direct.
determine all such other causes, matters and things which shall be at any time depend
ing in the Supreme Court whether in Court or in Chambers, and also in all matters
512 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
incident to any ministerial office of the said Court, as the Chief Justice shall from time
All proceedings to time direct ; and all proceedings, decrees , orders and acts of such Judge of the Court
and decrees
before him to be of Summary Jurisdiction so to be had made or done shall be deemed and taken respect
valid as acts of
The Supreme
Court. ively, as the nature of the case shall require, to be proceedings, decrees, orders and
acts of the said Supreme Court, and shall have force and validity and be executed
accordingly, subject in every case to be reversed , discharged, or altered by the Chief
Proviso that no Justice : Provided that in all such cases an appeal shall lie to the Chief Justice , notice
decree, &c., of
Chief Justice
shall be reversed of such appeal to be given within three months : Provided also that the said Judge of
by such Judge.
the Court of Summary Jurisdiction , when so sitting for the Chief Justice as aforesaid ,
shall have no power or authority to discharge, reverse, or alter any decree, order, act
or thing made or done by the said Chief Justice, unless authorized by him so to do.
[Amended by Ordinance No. 1 of 1871 and therein referred to as "section 34 " and see
section 43 ofthe same Ordinance. ]
Suspending 34. This Ordinance shall not come into operation until proclamation be made to
clause.
that effect by command of His Excellency the Governor, and published in the Hong
kong Government Gazette.
SCHEDULE No. 1 TO WHICH THIS ORDINANCE REFERS .
Entry of Plaint.
Hongkong A. B. of
to wit. J
in the Colony of Hongkong hereby requires entry to be made in the Court of Summary Jurisdiction, of
his plaint against C. D. of in the said Colony, for a sum of
being for (here state generally the cause of action)
in the particular hereunto annexed fully [set forth. And the said A. B. hereby declares that the said
particular contains a correct, full, and true statement of his demand against the said C. D. and that the
said C. D. is justly and truly indebted to him the said A. B. in the said sum of
and thereupon the said A. B. prayeth that the said C. D. may be summoned to attend on the
day of at the said Court, to answer such his demand.
Dated this day of A. D. 186 •
A. B.—Plaintiff.
Form of Plaint under section 12 of this Ordinance,
Hongkong A. B.
to wit.
hereby requires entry to be made in the Court of Summary Jurisdiction of his plaint against C. D. of
in the said Colony (for the said C. D. withholdsfrom the
said A. B. the possession of being premises situated in this
Colony (or for that the said C. D. owes and refuses to pay the sum of being rent
due by the said C. D. to the said A. B.) .
And the sail A. B. hereby declares that the particulars hereunto annexel contain a full account of
his demand against the said C. D. and thereupon he prays that the said C. D. may be summonel to
attend on at to answer such his demand.
Dated
A. B.- Plaintiff.
ORDINANCE No. 7 OF 1862 . 513
Court of Summary Jurisdiction.
Summons.
To
Hongkong You are hereby summoned and required to attend the Court of Summary Jurisdiction at
to wit.
o'clock in the forenoon of the day of then and there to answer the
demand of entered against you in the said Court for the sum of being
for (here state cause of action and complaint) . And herein fail not, or judgment will be passed, and
execution issued, against you for the said sum and costs. And you will take notice, that if you have any
debt or demand to set off against the said plaintiff's claim , you are hereby required to file or deliver the
same at the office of the said Court on or before the day of or you will be
precluded from giving evidence thereof on the trial or hearing. And you will further take notice, that a
plaint containing the particulars of the plaintiff's demand against you has been filed in the office afore
said, and that you may obtain a copy of the same, if you shall think proper.
Witness E. F., Judge of the said Court at Victoria,
the day of
in the year of our reign.
[ L. S. ]
Endorsed on the back of Summons.
The within summons was served on tl e within named defendant by delivering a true copy thereof on
the day of 186 .
(Officer who served the summons.)
Subpena .
To
Hongkong
to wit. S You, and each of you, are hereby commanded, that all excuses being laid aside, you, and each
of you, be and appear in your own proper person before the Court of Summary Jurisdiction, on the
day of at o'clock in the forenoon, to testify all and singular what you, or either of you,
know in a certain cause, or matter of complaint, now pending and undetermined between
plaintiff, and defendant, then and there to be heard and determined. And herein fail not at
your peril.
Witness E. F., Judge of the said Court, at Victoria,
the day of
in the year of our reign.
[ L. S. ]
Order or Decree in favour of Plaintiff.
A. B.- Plaintiff.
C. D. - Defendant.
Hongkong It appearing to the Court that the plaintiff hath proved his demand, (wholly or in part,) it is
to wit. S
ordered and decreed, that the said plaintiff do recover from the said defendant the sum of
together with costs ; and the said C. D. the defendant is hereby ordered to pay to
the said A. B. the plaintiff the said sum of in full satisfaction of the said debt and
-costs (forthwith , on demand thereof, or by the following instalments ; namely :-as the case may be).
Dated the day of
in the year of our Lord, 186
Debt...... .$
Costs.... 99
Judge.
514 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
Form of Dismissal.
A. B.- Plaintiff.
C. D.- Defendant.
Hongkong
to wit. S It appearing to this Court that the plaintiff entered his plaint and caused the above defendant
to be summoned to attend this Court for (here state the cause of action or complaint ; ) and the said
plaintiff having failed to prove his said plaint, it is hereby ordered and decreed by the said Court, that
the plaint of the said A. B. be, and the same hereby dismissed : And that the said defendant do recover
against the said plaintiff the sum of for costs : And the said A. B. the plaintiff is hereby
ordered and directed forthwith, on demand, to pay the said C. D. the defendant the said sum of
so awarded for his costs herein as aforesaid, and on failure thereof, process will issue to take in execution
the goods, chattels, and effects of the said A. B. , or his body, to satisfy the said costs.
Dated the day of
in the year of our Lord, 186
Defendant's costs ,........
Judge.
Writ or Precept to Bailiff.
COURT OF SUMMARY JURISDICTION
Between A. B.- Plaintiff.
and C. D.- Defendant.
To Mr. bailiff, and his assistants.
Hongkong You
are hereby commanded to levy of the goods, chattels, and effects, lands, tenements, and
hereditaments , of of in the Colony of Hongkong, the
sum of which of lately recovered against
for damages and costs ; and if you shall not find any goods,
chattels, or effects, or any lands, tenements, or hereditaments belonging to the said defendant whereofto
levy, then you are hereby commanded to take and arrest the body of the said defendant, and him safely
to lodge in one of Her Majesty's gaols, there to remain for the period of months unless he shall
sooner pay the damages and costs due to satisfy the said plaintiff his
damages and costs, as aforesaid, and have you there this writ.
Witness E. F., Judge of the said Court at Victoria,
the day of
in the year of our reign.
[L. S. ]
Judgment.....
Costs ........?
Alias, or Pluries.
You are hereby commanded, as before you were commanded, (or, as " oftentimes " before you were
commanded, and then follow the aboveform).
ORDINANCE No. 7 OF 1862 . 515
Court of Summary Jurisdiction.
Order to discharge Defendant out of Custody.
day of 186
A. B.- Plaintiff.
C. D.- Defendant.
Hongkong
to wit. You are hereby authorized to discharge out of your custody the above named defendant,
as far as regards the execution in the above case.
By order of the Court.
To the Governor of the Gaol at Hongkong.
SCHEDULE No. 2 TO WHICH THIS ORDINANCE REFERS . Ser Ord. No. 1 of
1971 c. 45.,
Fees to be taken in cases at and under $50.
:
Entering Plaint :
Claim not exceeding $ 10, .$0.10
39 ?? 20, 0.20
99 99 30, 0.30
99 99 40, 0.40
99 50, 0.50
Summons, 0.25
Subpoena, 0.25
Decree, ........ 0.25
Every oath or declaration, 0.12
Warrant of distress, 1.00
Do. of arrest,...... 1.00
Fees to be taken in cases above $50, and under $100 .
For entering every plaint, action , & c . , and particulars of demand, ...... .$0.50
Entering every appearance and defence, 0.25
Summons for defendant, and copy, ...... 0.50
Any notice required during the course of proceedings, .. 0.25
Fee on hearing and adjudication, 0.50
Each subpoena of witness, and copy, 0.40
Drawing and signing order for costs, decree, or dismissal, each, 0.50
Every oath or declaration of party or witness examined, ……………………. 0.25
Warrant to bailiff for executing decree, 1.25
Executing any decree or order, ..... 1.25
Copies of any proceedings, per folio, ........ 0.12
Fees to be taken in Proceedings under section 12.
Filing and entering plaint,…………………... .$0.50
Summons for defendant and copy, 0.59
If more than one defendant, cach additional copy, . .. 0.25
Subpoena and copy, each witness, …………….. ........ 0.50
Hearing and adjudication , 1.00
Every oath or declaration of party or witness, ..... 0.25
Order for decree or dismissal, each, ……………. 0.50
Precept, …………… .. 1.00
Executing precept, decree or order, 2.00
Any notice required during proceedings,..... 0.50
Copies of any proceedings, per folio,........... ....... 0.15
516 ORDINANCE No. 7 OF 1862 .
Court of Summary Jurisdiction.
Bailiff's Fees.
Service of summons, subpoena, order or notice, .. $0.25
Putting into execution any order of Court,... .. 0.50
Attorney's Fees.
Hearing and Attendance, ...... . $ 10.00
Fees to be taken in all cases over $ 100, except those under section 12.
Filing and entering plaint and particulars of demand, . $ 1.00
Summons for defendant, and copy, 1.00
If more than one defendant, each additional copy, 0.25
Filing set-off or other defence, 0.50
Paying money into Court, 0.50
Subpoena and copy, each witness... 0.80
Hearing and adjudication where the sum sought to be recovered shall not exceed $200, ............... 1.00
Exceeding $200 and not exceeding $300, 2.00
"" 300 29 99 400, 3.00
99 400 99 99 500, 4.00
Every oath or declaration of party or witness, 0.25
Every reference to clerk or other officer of the Court, 1.00
Clerk's report , per folio, 0.50
Order for costs, decree, or dismissal, each, 1.00
Precept, ........ 2.50
Executing precept, decree, or order, where the sum to be recovered shall exceed $ 100 and not
exceed $250, ……………... 2.50
Exceeding $250 and not exceeding $500, 3.78
Receipt to clerk for money paid out of Court, 0.50
Any notice required during proceedings ......... 0.50
Copies of any proceedings, per folio, 0.15
Bailiffs' Fees.
For service of summons, subpoena, order, or notice, ..... .$0.50
For every arrest or execution, ...... 1.00
When left in possession, per diem, 1.00
Attorneys' Fees.
Upon every sum of $ 100 in dispute, ..... .. $3.00
Attendance at hearing, ******* 5.00
Note. Upon the Judge's certificate being granted, as provided for in section 18 the attorney of
the successful party shall recover the above fees from the opposite party : in this case the percentage
fee shall be calculated upon the sum recovered or successfully resisted.
[In force by Proclamation of 7th July, 1862, and from the same date : All
repealed by Ordinance No. 14 of 1873. ]
NOTE .-- For Rules of the Court of Summary Jurisdiction approved by the
Legislative Council 3rd June 1865, see Gazette of the 10th of the same month. And for
futher Rules approved as aforesaid on the 17th September 1872, see Gazette ofthe
21st ofthe same month.
ORDINANCE No. 8 OF 1862 . 517
Post Office.
No. 8 of 1862.
An Ordinance to provide for the Management and Control of a Post Title.
Office for the Colony of Hongkong .
[ 3rd May, 1862. ]
HEREAS it has become necessary to provide for the establishment and regula Preamble.
W tion of a Post Office within the Colony of Hongkong : -Be it enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :--
1. It shall be lawful for His Excellency the Governor to constitute one General General Post
Office to be in
Post Office in the City of Victoria and to appoint so many Post Offices in the said City Victoria.
and in other districts of the said Colony as to His Excellency shall seem proper, and
the present Post Office shall be such General Post Office until the site thereof shall be
changed by His Excellency.
2. A fit and proper person shall be appointed to be Postmaster General in and Appointment of
Postmaster
for the said Colony . General.
3. The Postmaster General shall, by himself or his deputy or deputies, have the Postmaster
General solely
entire charge of the General Post Office and of all the postal duties within the said authorized to
receive and
deliver all corres
Colony, and he shall have sole power, within this Colony, of receiving from Her pondence.
Majesty's Naval and Post Office Agents and from all ship masters and other persons
authorized to deliver the same, all correspondence arriving in this Colony, by, from, or
through Her Majesty's General Post Office , or any Colonial or Foreign Post Office, or
arriving in any ship or vessel other than vessels carrying by contract Her Majesty's
mails ; and the said Postmaster General shall, by himself or his deputy or deputies,
have the sole and exclusive power, within this Colony, of collecting, receiving, and
delivering to all persons within this Colony and also to Her Majesty's Naval and Post
Office Agents, and to all ship masters and to all other persons authorized to receive the
same, all correspondence for transmission from this Colony by or through Her Ma
jesty's said General Post Office to parts out of this Colony ; and the said Postmaster
General shall also have the exclusive privilege within this Colony of performing all the
incidental services of receiving, collecting, despatching and delivering all letters.
arriving within this Colony from any part out of this Colony or transmitted from this
Colony to any part out of this Colony ; and no correspondence shall be delivered or
transmitted from this Colony, otherwise than by or through the said General Post
Office : Provided always that nothing herein contained shall be construed to render Proviso as to
letters arriving
necessary the delivery to the Postmaster General by a captain of a ship or vessel other by ship.
than those carrying Her Majesty's Mails, of any letters, or papers which shall arrive
addressed to persons in this Colony which, before the passing of this Ordinance, were
not required by the law then in force, to be so delivered : Provided also that nothing Proviso as to
Imperial Acts of
in this Ordinance contained shall, in any way be construed to affect or interfere with Parliament.
the exclusive rights and privileges of Her Majesty's Postmaster General or with the
518 ORDINANCE No. 8 of 1862 .
Post Office.
provisions of the Imperial Acts of Parliament relating to the Imperial Post Office :
Provided also that such exclusive privilege as aforesaid shall not apply to the trans
mission of correspondence to and from places on the Canton River or to and from
Macao.
Letters excepted 4. All correspondence which in and by the Statutes of the Imperial Parliament,
under Acts of
Imperial Parlia
inent. is excepted from and out of the exclusive privilege of the Imperial Post Office, shall
within this Colony be and the same are hereby declared to be excepted from and out of
the exclusive privilege of the Postmaster General.
No person to act 5. Fit and proper persons shall be appointed to be Postmasters or Deputy Post
under Post
inaster General
until after masters, clerks, agents, or servants in the managing, receiving, sorting , marking, or
declaration.
delivering of correspondence, and every Postmaster General and every such person so
appointed shall, before he shall enter upon the duties of his office, take and subscribe
the declaration contained in the schedule marked A hereto annexed , before a Justice of
the Peace for this Colony , who shall administer such declaration accordingly.
Postmaster Ge 6. The Postmaster General to be appointed under the provisions of this Ordinance
neral to have
powers of Post
master acting shall, within the limits of this Colony, and subject also to the provisions of this Ordi
when Ordinance
passed. nance and to the rules to be established under the authority of the same, and so long
as he shall be in the execution of his office, have and exercise and be invested with and
enjoy, all and every such and the same powers and authorities, privileges and exemp
But subject to tions, and be liable to the same duties and liabilities as the Postmaster, appointed for
the rules, &c.,
then existing. this Colony by Her Majesty's Postmaster General and acting at the time of the passing
of this Ordinance, had, or was invested with , or was entitled to , or enjoyed, or was
liable to, whether by Statute or otherwise.
Postmaster Ge 7. The Postmaster General shall keep accounts of all letters and other papers
neral to keep
accounts. received and dispatched by him, by virtue of his office , with the particulars of the
postage thereof, in like manner and form as the Postmaster kept such accounts
heretofore and at the time of the passing of this Ordinance, or in such other form as
His Excellency the Governor shall hereafter and from time to time direct or require ;
and shall keep a separate account of monies which, under the regulations in that behalf
for the time being in force, and his instructions in reference thereto, shall be payable
For Imperial to the Imperial Postmaster General or to the said Postmaster General, in respect of
Post Office.
the postage of letters or papers received at, or transmitted from this Colony, and a
separate account of all monies which shall be payable to the Treasury of this Colony in
respect thereof ; and the accounts so to be kept in relation to the monies payable to
Her Majesty's Postmaster General, shall be kept and governed in all respects according
to the instructions to be issued from time to time from Her Majesty's Postmaster
General, in relation thereto ; and the accounts so to be kept in reference to the monies
For Colonial payable to the Colonial Treasury shall be kept and governed in all respects according to
Treasury.
the instructions to be given by His Excellency the Governor, and duplicate copies of
Local collection all such accounts respectively, shall be forwarded within seven days next after the last
how to be paid .
day of every month to the Auditor General of this Colony, and payments shall be made
ORDINANCE No. 8 of 1862 . 519
Post Office.
of the revenue of the said Post Office in manner provided for payment of revenue and
fees by public officers . The amount payable in respect of such accounts to the Colonial How monies
collected for
Treasury, shall be paid by the Postmaster General into the Treasury, and the amount Colonial Trea
sury to be paid.
payable in respect of such accounts to Her Majesty's Postmaster General, in respect of
postage, shall be payable and paid in such manner as Her Majesty's Postmaster General
shall from time to time appoint.
8. The Postmaster General, his deputies and servants, and the Post Office General Post
Office regula
establishment of this Colony shall be guided by and subject to such rules and regula tions.
tions as shall be made in that behalf by His Excellency the Governor, and a copy of all
such rules and regulations shall be furnished to the Postmaster General, and such of
the same as relate to the public shall be at all times exhibited openly at the General
Post Office for the information of the public ; Provided that no such rules or regula
tions as shall relate to the public shall be in force until the same shall have been published
in the Hongkong Government Gazette.
9. No correspondence coming from, or through or sent to the United Kingdom, Correspondence
by contract
or carried elsewhere, or brought here by any contract packet, shall be liable to any packet to bear
Imperial postage
other rate of postage, than that charged by the Imperial Government, and the Post only.
master General shall collect and receive as well all postage payable in this Colony , to
Her Majesty, for the Imperial Postmaster General as for the Colonial Treasury.
10. The postage on all correspondence, posted in this Colony for transmission to Postage prepay
able in money
any place out of the same, shall be paid by the sender on delivering the same at the until stamps pro
vided.
Post Office in money until stamps shall be provided under the provisions of this Or
dinance. Provided always that correspondence enclosed in stamped covers, or having Stamps may be
used when pro
a stamp affixed thereto (the stamp in every such case being of the value or amount in vided.
this Ordinance expressed , and specially provided for the purpose under the authority of
this Ordinance) shall, if within the limitation of weight fixed by or under the authority
of any Statute of the Imperial Parliament in that behalf and if the stamps have not
been used before, pass by the post free, except as to such postage as the same shall or
may be liable to on arrival at their places of destination , when other than the United
Kingdom, under the laws of such places respectively.
11. On every letter arriving in this Colony by private ship or in a ship letter mail Ship letters.
from any place beyond the limits of this Colony, and on every letter posted in this
Colony for transmission to any place beyond the limits of the same, there shall be
charged and paid to the Postmaster General for the use of this Colony, postage by
weight according to the following scale, that is to say:--
Not exceeding half an ounce one rate of four pence.
Exceeding half an ounce, but not exceeding one ounce, two rates, or eight
pence.
Exceeding one ounce, but not exceeding two ounces , four rates or one shilling
and four pence .
Exceeding two ounces, but not exceeding three ounces, six rates or two
shillings.
520 ORDINANCE No. 8 OF 1862 .
Post Office.
And so on in progression an additional two rates being charged for every
additional ounce or fraction of an ounce.
And for every newspaper or price current the sum of one penny.
Masters of ships 12. The Postmaster General is hereby authorized to receive from masters of
to receive two
pence on each
letter brought. vessels not being Government vessels, or Post Office packets, all correspondence and
shall allow and pay to masters of such vessels a sum of two pence for each letter or
pamphlet or such like packet and one-half penny for each newspaper brought to or
delivered at the General Post Office from any place beyond the limits of the Colony ;
upon and when and as soon as such master shall have made the declaration in schedule
B hereto annexed , which every such master shall make before the Postmaster General,
and no master of a vessel or other person shall be allowed to deliver any letter brought
to the said Colony, except to the Postmaster General or his deputy at the General
Post Office, save and except correspondence as under the provisions hereinbefore con
tained may be otherwise delivered. The sums so paid by the Postmaster General or
his deputy shall be charged in his account against this Colony.
Postage in cases 13. The postage of all correspondence not provided for by this Ordinance shall
not provided for,
and of seamens' be fixed from time to time by an order under the hand of His Excellency the Governor
and soldiers'
letters.
and published in the Hongkong Government Gazette. Provided that all single letters
received or sent by seamen or soldiers shall subject to the same provisions as here
tofore, be charged with such reduced rates of postage as they have hitherto been
charged in this Colony.
Master of vessels 14. In case of the arrival of any vessel in the harbour of Victoria having any mail
to deliver mails
without delay. on board of which the delivery shall not have been demanded, the master shall forth
with without unnecessary delay deliver to the Postmaster General or to his deputy at
Penalty. the Post Office all mail bags, boxes and packages brought by such vessel ; and every
master of a vessel offending against this provision shall for every such offence forfeit a
sum not exceeding five hundred dollars , recoverable before a Police Magistrate.
Persons propos 15. Every person or firm proposing to dispatch a vessel to any port or place out
ing to despatch
vessel to give
notice to the of this Colony, excepting the ports or places on the Canton River and Macao, shall, so
Postmaster Ge
neral. soon as any day or hour is named for the departure of such vessel, give the first inti
mation of such proposed departure to the Postmaster General by forwarding to him a
copy of any circular or advertisement by which it is intended to apprise the public of
such departure, and shall, in like manner, intimate to the Postmaster General any al
teration in the hour of departure of the said vessel , and the Postmaster General shall ,
on receiving such intimations, give notice to the public of the day and hour when mails
will be made up by such vessel ; and any person or firm failing to give the information
above provided for to the Postmaster General shall , for every such offence, forfeit a
sum not exceeding five hundred dollars recoverable before a Police Magistrate, unless
the Postmaster General on a representation made to him of the circumstances of the
case consent, with the sanction of His Excellency the Governor, to waive the enforce -
ment of such penalty.
ORDINANCE No. 8 OF 1862 . 521
Post Office.
16. It shall be lawful for the Postmaster General to demand and receive the extra Fees payable on
late correspond
sums hereinafter expressed which are respectively hereby declared payable for the use ence by English
steamers.
of this Colony, that is to say, on all correspondence brought to and received at the
General Post Office, for transmission to any place out of the limits of this Colony by
contract packets carrying the mails for England, after the time fixed for closing office
for the general receipt of letters for such mail, and up to four hours before the actual
despatch of the same mail, a fee of six pence on each letter, and of one penny on each
newspaper ; and from the said four hours before the said actual despatch and up to the
actual closing of the mail at the said office, the fee of one shilling on each letter, and
of two pence on each newspaper ; and after the closing of the said mail at the said office
the Postmaster General shall be authorized to receive on board the packet steamer
then about to sail a fee of one shilling and six pence on each letter, and a fee of three
pence on each newspaper ; and if any correspondence shall be posted or sent after such
respective times as aforesaid without payment of such fees respectively, it shall be the
duty of the Postmaster General to refuse and not to forward the same by such mail .
17. The Postmaster General shall by himself or his deputy attend on board every Late fees payable
on late letters per
all other steam
steamer other than those for England then about to leave the harbour with a mail, and eis.
shall there receive all correspondence which up to the time of departure shall be
brought on board to be dispatched, and shall receive the rates of postage payable on
such correspondence, or otherwise ascertain that such correspondence has affixed
thereon stamps to the amount payable for transmission, and he shall also receive a
late fee of six-pence on each letter, and of one penny on each newspaper which he shall
so receive. And every master of such steamer shall give all proper facilities to such
Post Office officer for the discharge of his duties and to enable him to make up such
late mails, and to leave the steamer on her starting, under a penalty for every offence
of a sum not exceeding five hundred dollars : Provided always, that in case after the
closing of the mails for any such steamer as aforesaid at the Post Office, no such Post
Office officer shall be in attendance on board such steamer, then it shall be lawful to
send correspondence and for the master of such steamer to take and carry all corres
pondence brought on board to him free from the provisions of this Ordinance.
18. It shall be lawful for the Postmaster General to register in this Colony cor Registration of
letters.
respondence posted for transmission to any place out of the limits of this Colony in
like manner and form as the same were registered by the Postmaster before the pass
ing of this Ordinance and to demand and receive in respect of every such letter or book
packet so registered in this Colony the sum of six-pence for the use of this Colony, in
addition to the fee required for such registration by the Imperial Postmaster General ;
and all registered correspondence, and the registration thereof shall be subject to all
such and the same rules and regulations as were in force respecting the same at the
time of the passing of this Ordinance or as shall from time to time be hereafter enacted
or provided in respect thereof by any Statute of the Imperial Parliament or by Her
Majesty's Postmaster General or by His Excellency the Governor. [ Repealed by Or
dinance No. 2 of 1863.]
522 ORDINANCE No. 8 OF 1862 .
Post Office.
Power to open 19. It shall be lawful for the Postmaster General to open any correspondence
dead letters.
addressed to any person residing in any place where the prepayment of postage is com
pulsory and upon which correspondence the proper postage shall not have been paid,
and as soon as conveniently may be to return the same to the writer, if he be able so
to do, and also after any correspondence shall have been returned to the Post Office
of this Colony for want of true directions, and in any case where the person or persons
to whom any correspondence shall have been directed cannot be found, and after the
same respectively shall have been advertised in the Hongkong Government Gazette, at
any time after three days thereafter to open every such correspondence and to return
the same to the writer of such correspondence respectively or to his authorized agent
or representative, upon payment of the postage due upon such correspondence ; and
in case any such returned correspondence shall be again returned, the Postmaster
General shall have liberty forthwith to open the said correspondence so returned to
him, and to destroy the same.
Letters not to be 20. No person shall wittingly, willingly, or knowingly open, detain or delay, or
opened or delay
ed, with certain
exceptions. cause, procure, or suffer any correspondence to be opened, detained , or delayed after
delivery into the Post Office, or into the hands of any person employed for the receiv
ing or carrying post letters, and before delivery to the person to whom the same shall
be directed, or for his use ; except by express warrant in writing under the hand of His
Excellency the Governor, or except where the person to whom directed or who is
chargeable with the payment of the postage shall refuse to pay the same.
Postage may be 21. When any packet containing patterns or other articles being not properly
remitted on
packets not letters shall be brought to the General Post Office and shall have become liable to
containing
letters, if sent in postage, and evidence shall have been adduced to the satisfaction of the Postmaster
mistake.
General that such packets have been actually sent through the post in mistake and
contrary to the intention of the parties interested , it shall be lawful for the Postmaster
General to reduce the postage provided any such packet be opened in the presence of
an officer of the Post Office, and is not found to contain any letter or manuscript liable
to a charge or rate of postage, equivalent to the cost for freight on such packet, together
with a fine of not less than one shilling nor exceeding five shillings .
Governor to 22. It shall be lawful for His Excellency the Governor to cause to be provided
provide postage
dies and stamps.
at the public expense proper and sufficient postage stamps and dies or other implements
for expressing and denoting the rates or duties of postage for this Colony, and such
dies, stamps, and implements shall be kept in such custody, and such stamps shall be
made or impressed from such dies or other implements and sold in such manner as His
Excellency the Governor shall from time to time direct.
Crimes and 23. All Statutes or parts of Statutes of the Imperial Parliament which have
punishment as
to the Post Office relation to the commission and punishment of offences against the Post Office or the
continued.
revenue thereof shall be deemed and taken to be incorporated herein, so far as they can
be made applicable to the local circumstances of this Colony and to the Post Office
establishment authorized by this Ordinance to be established ; and all offenders shall on
conviction be liable to the punishments or penalties set forth in such Statutes. And all
ORDINANCE No. 8 OF 1862 . 523
Post Office.
penalties imposed by such Statutes respectively or by this Ordinance shall, unless
otherwise directed, be recoverable before a Police Magistrate in the manner provided
by Ordinance No. 10 of 1844.
24. In case in any respect the due management of the affairs of the Post Office In cases not
provided for,
Governor to
Department of this Colony shall not be found to have been adequately provided for by make order.
this Ordinance, or in case of any convention or arrangement being entered into with the
authorities of any British Colony or Foreign State or Colony for the better transmission
of correspondence, which shall render any alteration in the management of or the
charges for correspondence necessary : it shall be lawful for His Excellency the
Governor to make such order as shall be necessary for such purpose, and such order
shall be published in the Hongkong Government Gazette.
25. Wherever the word correspondence occurs in this Ordinance it shall mean Interpretation
clause .
and include letters, newspapers, books, pamphlets and other parcels and papers and
documents being in or passing through the Post Office of this Colony.
SCHEDULE A.
[ do solemnly and sincerely declare that I will not wittingly
or willingly open or delay or cause or suffer to be opened or delayed contrary to my duty any letter or
any thing sent by the post, which shall come into my hands or custody by reason of my employment
relating to the Post Office, except by the consent of the person or persons to whom the same shall be
directed or by an express warrant in writing under the hand of the Governor for that purpose, or
excepting such cases where the party or parties to whom such letter or any thing sent by the post shall
be directed, and who is or are chargeable with the payment of the postage thereof shall refuse or neglect
to pay the same, and except such letters or any thing sent by the post as shall be returned to the Post
Office of this Colony for want of true directions or when the party or parties to whom the same shall
be directed , cannot be found, and that I will not in any way embezzle any such letter or any thing sent
by the post as aforesaid or any money which shall come to my hands by virtue of my said employment
as or for postage or otherwise and I make this solemn declaration by virtue of the provisions of an Act
made and passed in the 5th and 6th years of the reign of His late Majesty King William the 4th
intituled “ An Act to repeal an Act of the present Session of Parliament intituled, an Act for the more
effectual abolition of Oaths and affirmations taken and made in various Deparments of the State to
substitute Declarations in lieu thereof and for the more entire suppression of voluntary and extia
Judicial Oaths and Affidavits and to make other provisions for the abolition of unnecessary Oaths.”
Declared before me this day of
SCHEDULE B.
I Commander of the
arrived from
do, as required by law, solemnly declare, that I have, to the best of my knowledge and belief, delivered
or caused to be delivered , at the Post Office at
every letter, bag, package, or parcel of letters that were on board the said except
such letters as are exempted by law.
Signed by Commander.
Dated the 186 ·
Witness Postmaster General of
[ All repealed by Ordinance No. 10 of 1876. ]
524 ORDINANCE No. 9 OF 1862 .
Police Force.
No. 9 of 1862.
Title.
[See Ordinance An Ordinance for the Establishment and Regulation of the Police Force
No. 7 of 1871.J
of the Colony of Hongkong.
[ 3rd May, 1862. ]
Ireamble. HEREAS it is expedient that provision should be made for establishing aud
W regulating the Police Force for the Colony of Hongkong : Be it enacted by
His Excellency the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
Repeal of No. 12 1. So much of Ordinance No. 12 of 1844 as has not been already repealed, is
of 1844.
hereby repealed .
Police Force es
tablished. 2. From and after the passing of this Ordinance a Police Force shall be estab
lished for the service of this Colony, which shall be commanded by a Captain Super
intendent and shall consist of the officers, clerks, interpreters, subordinate officers, and
privates mentioned in schedule A hereunto annexed .
To be varied by
Giovernor. 3. It shall be lawful for His Excellency the Governor from time to time to in
crease or diminish the strength of the Force as may to him appear expedient.
Salaries. 4. The officers, and others so to be appointed as aforesaid , shall be paid the
several monthly salaries specified opposite the respective ranks in schedule A before
referred to .
Payment of 5. The supply required for the payment of the Police Establishment shall be
Force to be veted
in annual Esti
mates. voted annually as heretofore in the Annual Estimates and Appropriation Ordinances,
and the ways and means shall be provided as prescribed by Ordinances No. 2 of 1845
and No. 3 of 1851 .
Agents to enlist
men for the 6. His Excellency the Governor is hereby empowered to appoint such agents ,
Force..
[See Ord. No. 5 of with reasonable remuneration for their services , and repayment of disbursements, as to
1863 s. 17.]
him shall seem necessary, for the enlistment in other portions of Her Majesty's domi
nions, of fit and proper men for service in the Police Force for this Colony.
Oath of Captain
Superintendent . 7. The Captain Superintendent, and Assistant Superintendent shall, previous to
entering on the duties of their respective offices, take before a Police Magistrate of
this Colony the following oath : --
I, A.B. , do swear that I will bear true allegiance to our Sovereign Lady the
Queen, and that I will well and truly serve Her Majesty in the office of Captain
Superintendent of the Police [ or, Assistant Superintendent, as the case may be]
without favour or affection, malice or ill-will , that I will cause Her Majesty's
Peace to be kept and preserved, and that I will prevent to the best of my power
all offences against the same, and that while I shall continue to hold the said
office, I will, to the best of my skill and knowledge, discharge all the duties
thereof faithfully according to law. So help me God.
Captain Superin And the Captain Superintendent shall, during his tenure of the office, have and
tendent to be a
Justice of Peace,
in relation to exercise all the powers of a Justice of the Peace, with regard to the Police Force, or
matters of Police. any member or members thereof.
ORDINANCE No. 9 OF 1862. 525
Police Force.
8. Inspectors and other subordinate officers and constables shall before appoint Officers and
constables to be
ment, be examined by the Captain Superintendent and Colonial Surgeon, and having examined.
been so examined and approved of, shall go before a Police Magistrate of the Colony
and answer the questions, and subscribe and take the oath or make the declaration
contained in the schedule hereto annexed , marked B.
9. Every Inspector or other subordinate officer and constable to be appointed , Officers and
constables to be
shall engage and bind himself to serve in the Police Force for the term of five years, engaged for five
years.
during which term he shall not be at liberty to resign his office or to withdraw himself
from the duties thereof, except as is hereinafter provided .
10. Whenever any inspector, sergeant, or constable of the Police Force shall be Bonus at end of
five years' ser
vice in Force.
desirous to leave the Force at the termination of his service of five years , he shall be
at liberty to do so, upon his giving to the Captain Superintendent three months' pre
vious notice of his intention so to do ; and he shall be thereupon entitled to a free
passage from Hongkong to the port nearest to the place at which he may have been
engaged for service in the Force , or in lieu thereof or in case he shall have been en
gaged in Hongkong, he shall be entitled to a sum equal to three months' pay of the
rank to which at the time he may belong. [ Repealed by Ordinances No. 9 of 1868
(disallowed ) and by No. 8 of 1869 except as to any right acquired. ]
11. In case any inspector, sergeant, or constable, who shall have completed the Power to renew
service in torce
period of service for which he had engaged, shall be desirous of continuing in the for further
pericd.
Police Force, he shall be at liberty to engage and bind himself for a further term of
five years on the same terms and conditions, and in like manner as is provided by
section 9. [Repealed by Ordinance No. 9 of 1868 which was disallowed. ]
12. Whenever any inspector, sergeant or constable shall have completed the Retiring pen
sions.
full term of service of ten years in the Police Force, he shall be entitled in addition to
the bonus or passage money mentioned in section 10, to an annual pension of fifteen
sixtieths of the annual pay of his rank, and also for every full and complete year's
service after ten years, to an addition to the annual pension of one- sixtieth, in respect
of each additional year of such service ; and such pension shall be computed upon the
amount of the annual pay enjoyed by the person retiring at the time of his retire
ment : Provided he shall have been in the receipt of the same for at least three years ;
otherwise the pension shall be calculated upon the average amount of pay received by
such person for the three years next preceding the commencement of such pension .
Provided always, that His Excellency the Governor shall and may grant superannua
tion allowance or a fixed sum by way of compensation to any inspector, sergeant, or
constable of the Force, who shall be disabled for further service by reason of wounds
or injuries received in the actual execution of his duty. [ Repealed by Ordinances No.
9 of 1868 (disallowed) and by No. 8 of 1869 except as to any right acquired. ]
13. The Captain Superintendent shall from time to time , subject to the approval Rules for govern
ment and dis
of His Excellency the Governor, frame such orders and regulations as he shall deem cipline of Force.
expedient for the general government and discipline of the Police Force.
526 ORDINANCE No. 9 of 1862 .
Police Force.
On leaving Force, 14. Whenever any inspector, sergeant or constable of the Force shall resign the
accoutrements
to be given up. service, or shall cease to hold and exercise his office, all power and authority vested in
him by virtue thereof, shall forthwith cease and determine to all intents and purposes
whatever ; and every such officer shall deliver over all and every the arms, ammuni
tion , horses, accoutrements, and other appointments whatsoever which shall have been
supplied to him in such capacity, to the person and at the time and place to be ap
pointed by the Captain Superintendent ; and it shall be lawful for any Justice of the
Peace to issue his warrant to search for and seize arms, ammunition , horses, accou
trements and other appointments whatsoever which shall not be so delivered over,
wheresoever the same shall be found.
Penalty for ne 15. Whenever any inspector, sergeant or constable of the Force shall be guilty
glect ofduty, or
non-delivery of of any neglect or violation of duty in his office, or shall neglect or refuse to obey or
arms on quit
ting Force.
execute any warrant lawfully directed to be by him executed, or shall be guilty of any
disobedience to the orders and regulations framed by the Captain Superintendent, or
any other misconduct as an officer of the Police Force or as a constable, or who having
duly engaged and bound himself to serve in the Force shall desert therefrom, or who
being permitted to resign shall not upon ceasing to belong to the Force deliver up all
arms, accoutrements and appointments whatsoever entrusted to him for the perform
ance of his duty, he shall, upon conviction thereof before a Police Magistrate in a
summary manner, forfeit and pay a sum not exceeding two hundred dollars, and in
default of payment thereof, be imprisoned in any gaol of this Colony with or without
hard labour, for any term not exceeding six months ; and every offender shall forfeit
all pay during his imprisonment.
Captain Superin 16. The Captain Superintendent shall, in cases of breach of discipline or neglect
tendent or Ma
gistrate to pun of duty by any officer or constable of the Force , upon proof thereof to his satisfaction,
ish for breaches
of discipline.
have power to order the offender to forfeit and pay a sum not exceeding twenty-five
dollars, or award imprisonment for any term not exceeding seven days with forfeiture
of pay ; or, in his discretion , the Captain Superintending may bring the offender before
a Police Magistrate who shall have power to award imprisonment for any term not
exceeding fourteen days with or without hard labour, together with forfeiture of all pay
during such imprisonment.
Penalty for 17. If any person not being a member of the Police Force shall
possession of
Police ap have in his possession any arms, accoutrements or appointments supplied
pointments,
or persona to any officer of the Force, and shall not be able satisfactorily to account
ting Police
officer. for his possession thereof, or shall put on or assume the dress , name,
designation or description of an officer of the Force or of a constable,
every such person so offending shall, in addition to any other punishment
to which he may be liable for such offence, forfeit and pay for every such
offence any sum not exceeding two hundred dollars, to be recovered in a
summary manner before any Police Magistrate.
ORDINANCE No. 9 OF 1862 . 527
Police Force.
18. It shall be lawful for any officer or constable of the Police Police officer
may appre
Force to apprehend any person who shall be charged with, or whom he hend persons
suspected of
shall reasonably suspect of being guilty of any felony or misdemeanour being guilty
of felony or
without any warrant for that purpose, and whether he shall have seen misdemean
our.
such felony or misdemeanour committed or not, and whenever any person
so apprehended shall be brought without warrant to the officer in charge
of any Police Station , it shall be lawful for such last mentioned officer,
in a case of misdemeanour, if he shall deem it proper so to do, and if no
Magistrate shall be in attendance at his office , to take bail by recognizance To take bail .
with or without sureties in a sufficient sum without fee or reward from
such person, conditioned that such person shall appear for examination
before a Magistrate at some place to be specified in the recognizance,
being the earliest time then next after when a Magistrate shall be in
attendance at his office ; and every recognizance so taken shall be of
equal obligation on the parties entering into the same and liable to the
same proceedings for estreating thereof, as if the same had been taken
before a Magistrate ; and the respective names, residences and occupations Particulars of
recognizance
of the person so apprehended, and his surety or sureties, if any, entering to be entered
in book,
into such recognizance, together with the condition thereof and the sums
respectively acknowledged , shall be entered in a book to be kept for that
purpose, which shall be laid before the Magistrate, before whom the
person apprehended is to appear ; and if he do not appear when called And forfeited
on non
upon at the time and place mentioned in such recognizance , the Magis- appearance
of defendant.
trate shall forthwith estreat the recognizance : Provided that, if the
person apprehended shall appear and shall make application for a post
ponement of the hearing of the charge against him, the Magistrate may,
if he see fit to grant such application , enlarge the recognizance to such
further time as he may think proper, and when the matter shall have
been heard and determined , such recognizance shall be discharged without
fee or reward.
19. In case any action shall be brought against any officer or constable Police officer
not respon
of the Police Force for any act done in obedience to the warrant of any sible for want
of jurisdic
Magistrate, the officer or constable shall not be responsible for any irregu- tion.
General issue
larity in the issuing of the warrant or for any want of jurisdiction in the may be
pleaded and
Magistrate issuing the same, and the officer or constable may plead the special matter
in
general issue and give such warrant in evidence ; and upon producing evidence.
such warrant and proving that the signature thereto is the handwriting
of a person reputed to be a Magistrate, and that the act was done in
528 ORDINANCE No. 9 OF 1862 .
Police Force.
obedience to such warrant, the jury or Court before whom the action is
tried, shall find a verdict for the defendant who shall also recover double
his costs of suit .
Victualler
20. If any victualler or keeper of any house, shop, room or other
harbouring
Police officer
place for the sale of any liquors whether spirituous or otherwise, shall
on duty, on
conviction knowingly harbour or entertain any man belonging to the Police Force,
to be fined.
or permit him to abide or remain in his house, or on other his premises
during any part of the time appointed for his being on duty, every such
victualler or keeper, being convicted thereof before any Magistrate , shall
for each offence forfeit and pay such sum not exceeding one hundred
dollars together with costs, to be recovered in a summary manner as the
said Magistrate shall direct , and in default of payment shall be liable , if
no sufficient distress can be found, to be imprisoned for any term not
exceeding three months. [ " Six months with or without hard labour " as
amended by Ordinance No. 9 of 1867. ]
Penalty for 21. If any person shall assault or resist any member of the Police
assaulting
Police officer Force, acting in the execution of his duty, or shall aid or incite any
in execution
of duty. person so to assault or resist, or shall refuse to assist any officer or
constable in the execution of his duty when called upon so to do , every
such offender being thereof convicted before any Magistrate, shall for
every such offence forfeit and pay such sum, not exceeding two hundred
dollars , together with costs, to be recovered in a summary manner, as
the said Magistrate in his discretion may order, and in default of payment
shall be liable, if no sufficient distress can be found, to be imprisoned for
any term not exceeding three months. [ " Six months with or without hard
labour " as amended by Ordinance No. 9 of 1867. ]
Circumstances 22. Notwithstanding anything herein to the contrary, His Excellency the Gov
in which officer
may be allowed ernor shall have power to grant permission to resign, to any inspector, sergeant or
to resign, or may
be dismissed. constable of the Force who may become unfit for further service from ill -health on the
certificate of the Colonial Surgeon to that effect being produced, or in any special cases
brought to His Excellency's notice by the Captain Superintendent, His Excellency the
Governor shall have power to grant to any such officer permission to resign or to dis
miss any such officer.
Terms on which 23. Any inspector, sergeant or constable of the Police Force shall be entitled to
any member of
Police Force may claim his discharge at any time during the period of his first or second enlistment of
resign.
five years, upon his giving to the Captain Superintendent three months' notice of hist
wish to withdraw, and paying a sum equivalent to two months pay of the rank he may
hold at the time of his giving notice of withdrawal for each unexpired year of his term
of enlistment.
ORDINANCE No. 9 OF 1862 . 529
Police Force.
24. His Excellency the Governor is hereby empowered to grant rewards to any Rewards, badges,
and medals may
officers or constables of the Police Force who shall distinguish themselves by extraor be given for ex
traordinary ser
vices.
dinary diligence, zeal or exertion in the execution of their duties, and the Captain Su
perintendent shall report to His Excellency any such officer who shall so distinguish
himself, stating the nature of the service ; and His Excellency the Governor shall have
power to grant distinctive badges and medals to such officers of the Police Force for
long and faithful or extraordinary services .
25. His Excellency the Governor is empowered to direct suitable stations for Stations and fur
niture to be pro
vided for Police
the quarters and accommodation of the Police Force, and furniture suitable for the Force.
same, to be provided, and to direct the erection, fitting up and furnishing of suitable
premises as a place or places for instructing, training and drilling the Police Force as
occasion may require.
26. His Excellency the Governor is hereby empowered , if he shall think fit on Special duty to
be performed by
Police, on house
the application of any householder, to appoint any member of the Police Force to do holders' applica
tion and expense
special duty in and upon the premises of the applicant ; and every householder who thereof.
shall so avail himself of the services of any constable of the Police Force, shall pay to
the Captain Superintendent of the Police Force for the same at the rate of two-thirds
of the pay and allowance of such constable ; and all sums which shall be received by
the Captain Superintendent for such special services, shall be paid by him into the
Colonial Treasury forthwith, and be accounted for monthly ; and every sum of money
due for such special services shall be deemed a debt due to the Crown, and shall be
recoverable in a summary manner by the Captain Superintendent .
27. All officers and constables now serving and who have been contributing to Term of service
by present Police
officers to count
the Police Superannuation Fund , shall be entitled to reckon their past services as part in claim for
pension.
of the period of ten years required to establish a claim to pension, as hereinbefore
provided.
SCHEDULE A.
SCHEDULE OF THE ESTABLISHMENT OF THE POLICE FORCE OF HONGKONG.
European Force.
Per Annum.
1 Captain Superintendent, . £800.00 .£ 809
1 Assistant do.. 350.00 350
1 Clerk and Accountant, 200.00 200
6 Inspectors of Police (Re 4 first class £ 175.00 each per annum ,
gular Duties). 3second ?? 150.00 19 1,650
5 Inspectors of Police (Mar average pay 150.00 each 4 third 79 125.00 99
""
kets, Nuisances. &c.),... "2
1 Store and Barrack Serjeant, …………………….. 100.00 100
1 first class £100.00 per annum,
4 Serjeants,..... ....average pay 90.00 each 2 second 19 90.00 each 99 360
1 third 29 80.00 ""
2 first 99 80.00 19 99
6 Acting Serjeants, *******……….. 99 77.10 99 2 second 99 77.10 91 465
2 third 99 75.00
13 first 99 70.00 ""
40 Constables, 99 65.00 19 14 second 94 65.00 " 99 2,600
13 third 27 60.00 29 19
65 £ 6,525
530 ORDINANCE No. 9 OF 1862 .
Police Force.
Indian Force.
Per Annum.
£ 60.00 +3 60
RRRRR
1 Serjeant Major,
1 Interpreter of Indian Languages, ...... 55.00 55
:::
3 first class £55.00 each perannum ,
8 Serjeants, ....average pay 50.00 each 2 second "" 50.00 99 400
3 third 11 45.00 99
4 first ?? 42.10
12 Acting Serjeants, 29 40.00 "" 4 second .19 40.00 480
4 third ?? 37.10
116 first "" 35.00
350 Constables, 32.10 99 118 second 99 32.10 21 11,375
116 third 17 30.00 ""
372 £12,370
Inclusive of 8s. 4d. per month each man allowance for rations.
Should rations be issued in kind, a corresponding deduction from the pay will be made,
Chinese Force.
Per Annum .
ARRA:
1 Interpreter, ...£ 80.00 £ 80
4 first class £42.10 each per annum .
12 Serjeant Interpreters, ...... average pay 40.00 each 4 second "" 40.00 .. 480
{ 4 third 99 37.10 77
1 first .. 32.10
3 Serjeants, Water Police,.. 30.00 1 second 19 30.00 90
1 third ?? 27.10
3 first "" 27.10
:::::
Acting Serjeants, Water Police, 17 25.00 19 2 second 91 25.00 200
3 third 99 22.10 99
30 first 19 20.00
90 Constables, Water Police , 18.10 7. 30 second ,, 18.10 1,665
30 third 99 17.00::
114 £ 2.515
551 Total Force of all Ranks.
Additional pay for extra or special services and duties.
2 Drill Serjeants. .£ 7.10 per annum each £ 15.00
4 Constables, charge of Fire Engines, 6.00 "" 19 24.00 £ 111
8 Constables, Drummers and Fifers, ...... 6.00 :9 23 48.00
4 Constables, Indian Interpreters, ………………………. 6.00 "" " 24.00
3 Horse Coolies, and 3 Station Coolies at average pay of each £ 15 per annum, 90
Total,............ £ 21,611
SCHEDULE B.
Questions to be put separately by the Police Magistrate to a person engaging or enlisting into the
service of the Police Force of Hongkong.
1. What is your name.
2. In what place were you born.
3. What is your trade or calling.
4. Are you married.
5. Are you ruptured or lame ? have you ever been subject to fits or have you any disability or disorder
which impedes the free use of your limbs or unfits you for ordinary labor.
6. Do you belong to the Army or Navy or Militia.
7. Have you ever served in the Army or Navy, Militia or Volunteers.
S. Are you willing to serve in the Police of Hongkong for the term of five years from the date hereof.
531
ORDINANCES Nos. 9 AND 10 OF 1862 .
Police Force. Civil Pensions,
do make oath that the above questions have been separately put to me ; that Form of oath.
the answers thereto have been read over to me, and that they are the same that I gave and are true.
I do also make oath that I will well and faithfully serve Her Majesty, Her Heirs and Successors for
the term of five years as of the Police Force of Hongkong, and will observe and obey
all orders of Her Majesty, Her Heirs and Successors, and of all Magistrates and Officers set over me.
So help me God.
Signature,
Witness,
Sworn before me at this day of
Signature of Police Magistrate.
I do solemnly, sincerely and truly deciare that the above questions have been Form of deck
ration.
separately put to me ; that the answers thereto have been read over to me, and that they are the same
that I gave and are true.
I do also solemnly, sincerely and truly declare that I will well and faithfully serve Her Majesty, Her
Heirs and Successors for the term of five years as of the Police Force of Hongkong, and
will observe and obey all orders of Her Majesty, Her Heirs and Successors, and of all Magistrates and
Officers set over me.
Signature,
Witness.
Declared before me at this day of
Signature of Polic Magistrate.
[All repealed by Ordinance No. 14 of 1887 except sections 17 to 21 inclusive.]
NOTE. -For General Orders and Regulations of the 4th August 1862, under section 13 .
see Gazette 6th September 1862, and for Regulations as to Leave of Absence
of the 26th September 1881 , see Gazette 15th October 1881 .
No. 10 of 1862.
An Ordinance to provide for the payment of Pensions to the Civil Title.
Servants of the Government of Hongkong.
[ 3rd May, 1862. ]
E it enacted and ordained by His Excellency the Governor of
B'
Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. There shall be payable in every year to Her Majesty, Her Heirs Provision for
payment of
and Successors , out of the general revenue of the Colony of Hongkong, pensions.
all such sums as may become due in respect of any pensions, retired
allowances and gratuities granted or to be granted by order of Her
Majesty's Secretary of State for the Colonies , or in conformity with the
provisions contained in the minutes of Government relating thereto ,
hereafter to be issued .
532 ORDINANCE No. 10 OF 1862 .
Civil Pensions.
Minute framed under Ordinance No. 10 of 1862 by the Governor 5th May
1862, and gazetted 29th November 1862.
1. Under instructions from the Right Honourable the Secretary of State, His
Excellency the Governor is pleased to direct that the following rules respecting
pensions to the public servants of this Colony be published for general information.
2. Subject to the exceptions and provisions hereinafter contained all public servants
holding offices named in the Civil List Ordinance, or offices described in the Annual
Estimates as the Fixed Establishment of the Colony, and drawing salaries of thirty
pounds a year and upwards shall be entitled to pensions as follows :
To any person who shall have served ten years and upwards and under eleven
years an annual allowance of fifteen-sixtieths of the annual salary of his office.
For eleven years and under twelve years an annual allowance of sixteen
sixtieths of such salary.
And in like manner a further addition to the annual allowance of one- sixtieth in
respect of each additional year of such service until the completion of a period of service
of thirty-five years when the Annual Allowance of forty-sixtieths may be granted, and no
addition shall be made in respect of any service beyond thirty-five years.
3. The Chief Justice, provided he shall not have served in any other office in the
Colony, shall be entitled to a pension after seven years' service ; at which time an
allowance of three years' additional service shall be made to him ; such pension to
increase at the rate of two years' service for each additional year he serves until an
allowance of ten years ' additional service has been made to him ; after which his pen
sion shall increase at the same rate only as other officers until he shall have reached
twenty-five years' service when he may receive the full allowance of forty-sixtieths of
his annual salary, and no addition shall be made for any service beyond twenty-five
years.
4. The Judge of the Summary Jurisdiction Court, and the Colonial Chaplain,
provided that previous to their appointments in such capacities, they shall not have
served in other offices in the Colony shall be entitled after ten years' and under eleven
years ' service to pensions at the rate of twenty-sixtieths of the annual salaries of their
respective offices, increasing an additional sixtieth for every additional year's service,
until the completion of thirty years' service, when the annual allowance of forty
sixtieths may be granted, and no addition shall be made in respect of any service beyond
thirty years. In case of the elevation of any Judge of the Court of Summary Jurisdic
tion, who may be entitled to the additional five years allowed by this clause, to the office
of Chief Justice, the pension of such officer upon retirement may be calculated at the
rate specified in this clause.
5. Any public servant of the Colony who may be elevated to the office of Governor
of Hongkong shall on his retirement from that office be entitled to the same pension as
ORDINANCE No. 10 OF 1862 . 533
Civil Pensions.
if he had continued to hold the office which he vacated when he was appointed Governor
and (supposing him not to be fifty-five years of age) as if he had retired from ill-health .
Provided that if there shall be offered to any such ex-Governor being under the age of
fifty-five years any public office, or situation under the Crown, which having reference
as well to the state of his health as to the nature of his previous services, such ex -Governor
may, in the judgment of the Lords Commissioners of Her Majesty's Treasury, be properly
called upon to accept ; it shall be competent to the said Lords Commissioners to declare
should he decline the same that the pension of such ex-Governor shall be suspended until
he shall obtain the age of fifty-five years.
6. No public servant will be held to have an absolute right to compensation for
past services, or to any pension under this minute; and Government will retain power and
1
authority to dismiss any public servant without compensation.
7. No pension will be granted to any public servant without the authority of Her
Majesty's Government, in order to obtain which, certificates of service, age, good conduct,
and of the ground of retirement, must be submitted to the Secretary of State.
8. No pension shall be granted to any public servant, who shall be under fifty- five
years of age, unless upon certificate from the head of the department to which he may
belong, and from two medical practitioners that he is incapable, from infirmity of mind
or body, to discharge the duties of his situation ; nor, unless he shall have discharged
those duties with diligence and fidelity, to the satisfaction of the head of his department. 1
And in case the officer claiming such pension shall be himself the head of a department, 1
then such pension shall not be granted unless he shall have discharged the duties of his
office with diligence and fidelity, to the satisfaction of the Governor, by whom the same
shall be certified to the Secretary of State. 1
9. It will be competent to Her Majesty's Government, in cases of peculiar and
extraordinary merit, to grant special and higher rates of pension than those laid down in
*
this minute, but not exceeding the full amount of the salary.
I
10. The above mentioned rates are only to be granted in cases of decidedly faithful
and meritorious service ; but where the testimony as to fidelity, diligence and merit, is
in any respect defective, a deduction will be made from the apportioned rates.
there has been obvious negligence, irregularity or misconduct, the grant of allowance
will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced
from the date of his first permanent appointment to the fixed establishment of this
Colony ; service on the temporary establishment of this Colony will however be allowed B
to count for pension when such service shall have been continuous with a subsequent
534 ORDINANCE No. 10 OF 1862 .
Civil Pensions.
permanent appointment. In the case of public officers appointed from home (except
cadets) their services will be reckoned from the date of the Secretary of State's Despatch
notifying the appointment to the Governor.
12. Cadets appointed in pursuance of the regulations published in the Government
Gazette of 12th October, 1861 , will date the commencement of their claims to pension
from the period at which the board of examiners may declare them qualified for Govern
ment interpreters.
13. The services in respect of which superannuation allowances are granted, ought
in all cases to have been continuous ; unless interrupted by reduction of office or other
temporary suspension of employment, not arising from misconduct, or voluntary
resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held
by a public servant at the time of his retirement, provided he shall have held the same
office for at least three years, and that the salary of the same shall not have been revised
during that time ; otherwise the pension shall be calculated upon the average annual
amount of salary received by such person for three years next preceding the commence
ment of such pension .
15. In case of reduction or abolition of office, temporary allowances may be
assigned agreeably to the specified rates ; on condition however that the parties
receiving the same will be liable to be re-called into the service, and with the under
standing that they are to be re-employed as opportunity may occur in preference to
new applicants for office.
16. The period of service upon which the superannuation allowance of all officers
appointed to the public service, taking leave of absence in the regular manner with
abatement of salary will be calculated, will be at the rate of one month for every two
months of such leave.
17. If any person receiving a pension under this minute should be appointed to
fill any office in any public department, such pension shall cease to be paid for any
period subsequent to such appointment, if the annual amount of the profits of the
office to which he shall be appointed shall be equal to those of the office formerly held
by him, and in case it shall not be equal to those of his former office then no more of
such pension shall be paid to him than what with the salary of his new appointment
shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual allowance,
a gratuity may be granted after the rate of one month's salary for each year of service.
1
ORDINANCE No. 10 OF 1862 . 535
T
Civil Pensions.
Table shewing the Rates of Pension payable to the Public Officers ofthe
Colony of Hongkong under the foregoing Minute.
All other Officers returned
Judges of Court of Sum in the Civil List or described
ChiefJustices who have not mary Jurisdiction and
as Fixed Establishment in
previously served in any Colonial Chaplains who the Annual Estimates and
other Office in the have not previously served who are in receipt of
Colony. in any other Office Salaries of £30 a year
in the Colony.
and upwards.
Portions of Portions of Portions of
the Annual the Annual the Annual
Salary of Salary of Salary of
the Office. the Office. the Office.
After 7 years' service, ... 15 After 10 years' service, 20
28 After 10 years ' service,
15
60
2-10
2210
17 21 11 16
39 8 99 "" 60 "" 11 29 99 99 "" "9 60
9 19 12 22 39 12 17
...80
99 99 "" 60 99 99 60 29
10 21 13 23 99 13 18
99 99 60 99 "" 99 60 "" "9 60
:3
23 24 14 19
99 11 99 99 CO 99 14 ,, 99 60 "" 99 39 60
". 12 23 15 25 15 99 20
99 "" 60 99 99 99 60 "" "9 60
21
13 29 ... 27 99 16 26 39 16 "" 99 60
:
99 "9 60
29 27 17 22
99 14 99 99 17 39 99 99 6
36
99 60 "" 60
56
30 28 23
35
18
34
99 15 99 99 60 99 18 99 "" 60 39 60
31 29 19 24
99 16 99 60 19 99 99 99 60
:
99 "" 99 60
32 30 20 25
66
.. 17 29 20 99 "9 60
66
2725322235
99 "9 *60 99 60
33 31 21 26
36
29 18 99 99 60
2223 235
99 99 CO 99 21 29 9
:9
60
34 32 27
99 19 99 99 60 99 99 60 "" 39 99 60
35 33 28
93
36
99 20 99 99 60 99 99 29 60 99 60
36 34 24 29
99 21 24 99 29 99 ...38
2223
99 99 60 29 99 99 60
37 35 30
29 99 "" GO "" 99 39 60 99 25 99 99 60
22228
38 36 31
99 26
66
2253
39 99 FO 39 26 99 60
66
2
99 60
2
0
2
39 32
,, 24 99 99 60 27 37 29 27 99 99 60
33
99 99 60
40 28 33
36
25 99 38 99 29 60
99 60 99 28 99 99 60
39 29 34
36
99 29 99 99 60
3:5
99 99 60
35
40 99 30
36
99 30 99 60
•
99 39 60
31 36
99 99 99 ***60
32 37
99 99 99 60
33333
33 38
99 99 29 60
39
39 34 "99 "" 60
40
"" 35 99 "" 60
536 ORDINANCE No. 11 of 1862 .
Appropriation.
No. 11 of 1862.
Title. An Ordinance to apply a Sum not exceeding Four hundred and Fifty-five
thousand Four hundred Dollars to the Public Service of the Year
1863 .
[ 3rd July , 1862. ]
Preamble. HEREAS the expenditure required for the service of this Colony for the year
WH 1863 has been estimated at the sum of four hundred and fifty-five thousand
three hundred and seventy-six dollars : Be it enacted and ordained by His Excellency
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
Estimates, 1863. 1. A sum not exceeding four hundred and fifty-five thousand four hundred dollars
shall be and the same is hereby charged upon the revenue of this Colony for the service
of the year 1863, and the said sum so charged shall be expended as hereinafter specified ;
that is to say :
CIVIL ESTABLISHMENTS , $5 C.
The Governor, 240.00
Colonial Secretary, 5,820.00
Colonial Treasurer, 1,800.00
Auditor General, 7,120.00
Clerk of Councils, 72.00
Surveyor General, …….. 8,660.00
Postmaster General, 13,080.00
Registrar General , …………………………….. 2,286.00
Harbour Master and Emigration Officer, 7,296.00
Police and Lighting Rate Collector, 3,420.00
JUDICIAL ESTABLISHMENT, ...... 6,190.00
ECCLESIASTICAL ESTABLISHMENT, 702.00
EDUCATIONAL ESTABLISHMENT, 7,448.00
MEDICAL ESTABLISHMENT, 11,726.00
POLICE MAGISTRATES , 4,182.00
POLICE , ..... 126,173.00
GAOLS , 28,482.00
CHARITABLE ALLOWANCES, .... 480.00
TRANSPORT , .......... 1,500.00
WORKS AND BUILDINGS , ........... 135,500.00
ROADS, STREETS , AND BRIDGES, 68,500.00
MISCELLANEOUS SERVICES , ...... 250.00
LAND AND HOUSES PURCHASED, 10,000.00
SPECIAL EXPENSES , &c. , 4,449.00
TOTAL ...... .$455,376.00
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCES Nos. 12 , 13 AND 14 OF 1862 . 537
Sentence of Death. Practitioners in Law. Patents.
No. 12 of 1862 .
An Ordinance to amend the form in which Sentence of Death is passed .
[ 3rd July, 1862. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
B advice of the Legislative Council thereof, as follows :
1. In passing sentence of death on a prisoner convicted of a capital felony, it Not necessary in
passing sentence
shall not be necessary for the presiding Judge to declare that the body of the convict of death to
direct body of
convict to be
shall be buried within the precincts of the gaol, but that such burial shall be made in buried in gaol.
some convenient place to be appointed by His Excellency the Governor, who is hereby
empowered to issue his order to the gaoler accordingly.
[ Repealed by Ordinance No. 11 of 1865.]
No. 13 of 1862 .
An Ordinance to repeal Ordinance No. 12 of 1858 , entitled " An Title.
Ordinance for Practitioners in Law."
[ 3rd July, 1862. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
-
advice of the Legislative Council thereof ;
B
1. Ordinance No. 12 of 1858 , entitled " An Ordinance for Practioners in Law," Ordinance No. 12
of 1858 repealed
from 31st
shall be repealed from and after the thirty-first day of December, 1864. December, 1864.
2. Every barrister who is now by faculty privileged to act as a notary in Hongkong, Barristers may
act as notaries,
shall be entitled to continue so to act after this Ordinance shall have come into after 1864.
operation.
3. On the first day of January, 1865 , every barrister who is now practising as a Barristers may
after 1864 act as
legal practitioner in this Colony, shall elect whether he will act from that time as a such, or as
attorneys.
barrister, or as an attorney and solicitor, and shall sign the Court roll accordingly,
declaring the way in which he has exercised the option hereby granted .
[ Repealed by Ordinance No. 4 of 1887. ]
No. 14 of 1862.
An Ordinance for granting Patents for Inventions within this Title.
Colony
[ 3rd July, 1862. ]
WHEREAS Patents for inventions granted in England are not usually . Preamble .
extended to the colonies , and it is expedient that power should be
vested in His Excellency the Governor with the advice of the Executive
Council to grant Letters Patent for the exclusive use of inventions within
538 ORDINANCE No. 14 OF 1862 .
Patents.
this Colony, for which Letters Patent have already been granted in
England : Be it therefore enacted by His Excellency the Governor of
Hongkong, with the advice ofthe Legislative Council thereof, as follows :
Authority to 1. It shall be lawful for the inventor or for the owner by assignment
owners of
inventions to or otherwise from any inventor of any invention or of the exclusive right
petition for
Letters thereto within this Colony to petition His Excellency the Governor for
Patent.
Letters Patent for any invention , for which Letters Patent have already
been granted in England ; and such petition may be in the form set forth
in schedule A hereto. Every such petition shall be accompanied by a
specification of the said invention identical as far as practicable with the
specification filed on the petition for Letters Patent for the said invention
in England , and by a declaration which may be in the form set forth in
schedule B or in such other form not being less specific as to the Governor
shall appear proper. [ Amended by Ordinance No. 32 of 1889 (repealed);
and by Ordinance No. 6 of 1890. ]
Petition, 2. Such petition , specification and declaration shall be filed in the
specification
and decla office of the Colonial Secretary, and notice thereof and of any intention
ration to be
filed in office to apply for such Letters Patent, and of the time of the sitting of the
of Colonial
Secretary and Executive Council before which the matter of the petition will come for
to be adver
tised . decision together with such other particulars as the Governor shall require,
shall be inserted twice in the Hongkong Government Gazette, and shall
be otherwise advertised as the Governor shall direct .
Governor in 3. His Excellency the Governor with the advice of the said Executive
Council to
grant Letters Council shall , at the sitting to be so appointed for deciding on such petition
Patent.
for Letters Patent as aforesaid or at any adjournment thereof, determine
on such application for Letters Patent and grant or refuse the prayer of
the said petition as shall appear expedient, and for such time or times.
not exceeding the then duration of the Letters Patent for the said inven
tion or for any less period and subject to such conditions in all respects.
as to His Excellency the Governor with the advice of the said Executive
Council shall seem fit . The said Letters Patent may be in such form as
is prescribed by [ the Patent Law Amendment Act 1852 of the Imperial
Parliament: Repealed by Ordinance No. 32 of 1889 (repealed) ; and by
Ordinance No. 6 of 1890, and new words substituted ] or as near thereto
as circumstances will permit.
Effects of 4. Letters Patent to be granted under this Ordinance shall confer
such grant.
all the rights and privileges and shall subject the grantees thereof to all
the provisions affecting Letters Patent in England as fully as if the same
1
I
ORDINANCE No. 14 OF 1862 . 539
Patents.
had been granted with an extension thereof to this Colony by Her
Majesty under the provisions of the Statutes now in force in England or
as near thereto as the circumstances of this Colony will admit of.
5. In case Her Majesty shall, by the advice of the Judicial Commit When and
how Letters
tee of Her Majesty's Privy Council , extend the privileges of any Letters Patent may
be granted for
Patent in England for any invention for any period , it shall be lawful for an extended
period.
His Excellency the Governor with the advice of the Executive Council
to extend in like manner such Letters Patent if already granted for this
Colony or otherwise to grant original Letters Patent for a like extended
period for the same invention .
1
SCHEDULE A.
FORM OF PETITION .
The humble petition of A.B. , (or as the case may be of C. D. as agent for A.B.) &c.
That your petitioner ( or as the case may be, that A.B. of whom your petitioner is
the agent, assignee, executor or administrator) has obtained Her Majesty's Letters Patent
dated the day of 18 for (state the title of the invention as
granted) and that such Letters Patent are to continue in force for years from the
day of 186 .
That your petitioner believes that the said invention is not now and has not hitherto
been publicly used in this Colony .
1
That the following is the description of the said invention ( here state the particulars
shortly in accordance with the specification on which the Letters Patent in England were
grunted).
Your petitioner therefore prays for leave to file a specification of the said
invention pursuant to the provisions of Ordinance No. 14 of 1862 .
+
And your petitioner will ever pray, &c.
SCHEDULE B.
[See Ordinance 4
I (here insert name, condition, and place of residence) do solemnly and sincerely No. 6 of 1820.]
declare that I am (or if made by an agent, then that A.B. of is) in possession
absolutely (or if made in respect of a locally confined interest then within the Colony of
Hongkong or according to fact) of an invention for (state the nature of the invention in "L
terms of the English Patent) and which invention, I believe, will in all probability be of
great public utility within Hongkong ; and that the same is not publicly used within the said
Colony ; and that to the best of my knowledge and belief the instrument in writing under
my hand hereunto annexed particularly describes and ascertains the nature of the said
invention and in what manner the same is to be performed . Dated the day of
18 .
(Signed)
540 ORDINANCE No. 15 OF 1862 .
Supplementary Appropriation.
No. 15 of 1862 .
Title. An Ordinance to authorize the appropriation of a Supplementary Sum
not exceeding One hundred and Forty-nine thousand Dollars to
defray the charges of the year 1862 .
[ 29th December, 1862. ]
Preamble. HEREAS it has become necessary to make further provision for the public service
W of the Colony for the year 1862, in addition to the charge upon the revenue
for the service of the said year already provided for in the Estimates submitted to the
Legislative Council : Be it enacted and ordained by His Excellency the Acting Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
Supplementary 1. A sum not exceeding one hundred and forty-nine thousand dollars shall be, and the
Estimates, 1862.
same is hereby, charged upon the revenue of this Colony for the service of the year 1862,
and the said sum so charged shall be expended as hereinafter specified, that is to say :
ESTABLISHMENTS : $ C.
Colonial Secretary, 1,767.00
Auditor General, 687.00
Surveyor General, 1,177.00
Postmaster General, ... 1,549.00
Harbour Master, .......... ... 1,167.00
Police and Lighting Rate Collector, 40.00
Summary Jurisdiction Court, ........... 1,356.00
Educational, 105.00
Medical, .... 163.00
Police, .14,220.00
Gaols, ...... 498.00
REVENUE SERVICES , (EXCLUSIVE OF ESTABLISHMENTS) , 1,145.00
ADMINISTRATION OF JUSTICE, Do. , 973.00
HOSPITALS , Do., 3,313.00
POLICE, Do. , ..32,325.00
GAOLS, Do. , 7,156.00
RENT....
......... 1,573.00
TRANSPORT, 4,256.00
WORKS AND BUILDINGS, ………………..25,294.00
ROADS, STREETS AND BRIDGES , 41,228.00
MISCELLANEOUS SERVICES ,……………….. 3,728.00
LAND AND HOUSES PURCHASED , 600.00
SPECIAL EXPENSES , . 4,642.00
$ 148,962.00
[ Repealed by Ordinance No. 4 of 1887. ]
1
ORDINANCE No. 1 OF 1863 . 541
Police Magistrates.
No. 1 of 1863 .
Title.
An Ordinance to amend certain provisions in Ordinance No 6 of 1862 ,
intituled " An Ordinance to abolish the Office of Chief Magistrate,
and to appoint and define the duties of two Police Magistrates ."
[ 6th February, 1863. ]
eted by His Excellency the Acting Governor of Hongkong, with the advice
BR of the Legislative Council thereof, as follows :
1
1. Section 5 of Ordinance No. 6 of 1862 is hereby repealed . Sec. 5 of
Ordinance No. 6
of 1862 repealed.
2. It shall be competent for a Police Magistrate to award as punishment for any Punishment.
crime or offence imprisonment in any gaol of this Colony for any period not exceeding 1
1
six calendar months with or without hard labour or any fine not exceeding fifty dollars
or both fine and imprisonment not exceeding these limits, and it shall be lawful for the
י
Magistrate to direct any portion of such imprisonment not exceeding one month in the
whole to be solitary, but that such solitary imprisonment shall not exceed fourteen With or without
solitary confine
ment.
consecutive days, and further when any male offender shall be convicted under the said
or this Ordinance of either of the offences next hereinafter specified a second time or
under aggravated circumstances, that is to say : indecent exposure of his person, in Corporal punish
ment may be
decent assault, assault with intent to rob , assault in a brothel, assault at or in connexion added.
with any riotous assemblage, or for malicious injury to property, it shall be lawful for
the Magistrate to order and direct that in addition to any other punishment to which
such male offender shall be sentenced that such offender shall be once or twice publicly This section to
be construed as
or privately whipped. This section shall be read and construed as if the same had ifit had been
Sec. 5 of No. 6
of 1862.
originally been section 5 of the said Ordinance.
PR
3. Two Magistrates, sitting together, shall and they are hereby empowered to Stealingfrom the H
person without
hear and determine cases of stealing from the person, whenever such stealing is un kicking or 1
beating triable 1
by two Justices.
accompanied by personal violence by means of kicking or beating ; and in every such 1
case the said Justices may adjudge the offender on conviction to be imprisoned and kept
to hard labour for any term not exceeding two years, or may commit the offender for
trial at the Supreme Court.
[ Repealed by Ordinance No. 16 of 1875. ]
1
542 ORDINANCES Nos. 2 AND 3 OF 1863 .
Post Office. Vesting of Admiralty Estates.
No. 2 of 1863 .
Title. An Ordinance to amend Ordinance No. 8 of 1862 , intituled " An Ordi
nance to provide for the management and control of a Post Office for
the Colony of Hongkong."
[ 6th February, 1863. ]
E it enacted by His Excellency the Acting Governor of Hongkong , with the advice
BR of the Legislative Council thereof, as follows :
Sec. 18 of No. 8 1. Section 18 of Ordinance No. 8 of 1862 , is hereby repealed .
of 1862 repealed .
Registration of 2. It shall be lawful for the Postmaster General to register in this Colony cor
letters.
respondence posted for transmission to any place out of the limits of this Colony in
like manner and form as the same were registered by the Postmaster before the third
day of May, 1862, and to demand and receive in respect of every letter or book packet
registered in this Colony the sum of six pence, one-half thereof to be by him retained
and accounted for to and for the use of this Colony, and the other half thereof to be by
him retained and accounted for and paid over to the Imperial Postmaster General and
all registered correspondence and the registration thereof shall be subject to all such
and the same rules and regulations as were in force respecting the same on the said
third day of May, 1862, or as shall from time to time be hereafter enacted or provided
in respect thereof by any Statute of the Imperial Parliament or by Her Majesty's
This section to be Postmaster General or by His Excellency the Governor. This section shall be read and
construed as if it
had been sec. 18 construed as if the same had originally been section eighteen of the said last mentioned
ofNo. 5 of 1862 .
Ordinance.
[ Repealed by Ordinance No. 4 of 1887. ]
No. 3 of 1863.
Title. An Ordinance for Vesting all Estates and Property occupied
by or for the Naval Service of the United Kingdom of
Great Britain and Ireland in this Colony in the Lord High
Admiral, or the Commissioners for executing the Office of
Lord High Admiral, of the said United Kingdom for the
time being .
[ 26th May, 1863. ]
Preamble. HEREAS divers messuages, lands, tenements, and hereditaments
WHER
have been at various times purchased for the use of the Naval
Service of the United Kingdom of Great Britain and Ireland, and con
veyed to several different persons in trust for Her Majesty and Her
ORDINANCE No. 3 of 1863 . 543
Vesting of Admiralty Estates.
Royal Predecessors and Her and their Heirs and Successors , and the
same have been placed under the charge of the Commissioners for exe
cuting the office of Lord High Admiral of the said United Kingdom for
the time being, and it is expedient that the same and all other mes
suages, lands, tenements , and hereditaments that may be hereafter pur
chased, or in any manner used and occupied by or for the said service,
should be vested in the Lord High Admiral of the said United King
dom , or the Commissioners for executing the office of Lord High Ad
miral aforesaid for the time being : Be it enacted and ordained by His
Excellency the Acting Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
1. From and after the passing of this Ordinance all messuages , Lands now
held in any
lands, tenements, and hereditaments , erections, buildings , and property manner for
the use of the
whatever which have been conveyed to or are vested in any person or Naval Service
in Hongkong
persons, or are held or in any manner occupied by or in the name of to vest in
Lord High
any person or persons in trust for Her Majesty or Her Royal Predeces Admiral or
the Com
sors and Her or their Heirs or Successors for the use of the Naval Ser missioners to
execute his
vice of the said United Kingdom , or of any of the departments of or office.
belonging to the said Naval Service within this Colony by whatever
mode of conveyance or by whatever title or for whatever estate or in
terest therein, the same shall have been conveyed or be vested , held or
occupied, together with the rights , members , easements, and appurte
nances to the same respectively belonging , shall be and become and re
main and continue vested , in the Lord High Admiral of the said United
Kingdom, or the Commissioners for executing the office of Lord High
Admiral aforesaid for the time being, according to the respective nature
and quality of the said messuages , lands , tenements , and hereditaments ,
and the several estates and interests of and in the same respectively in
trust for Her Majesty, Her Heirs and Successors for the public service .
2. From and after the purchase and conveyance grant or demise Lands here
after to be so
thereof all other messuages, lands, tenements, and hereditaments which acquired in
Hongkong
shall at any time or times hereafter be purchased , taken , held , or oc to vest in the
Lord
cupied by the Lord High Admiral or the Commissioners for executing Admiral
the Comor
the office of Lord High Admiral aforesaid for the time being, or by any missioners
to execute
person or persons by his or their order for the Naval Service of the said his office.
United Kingdom, or of any of the departments of or belonging to the
said Naval Service and all erections and buildings which shall then or
544 ORDINANCE No. 3 OF 1863.
Vesting of Admiralty Estates.
may be thereafter erected or built thereon, with the rights, members ,
easements, and appurtenances to the same respectively belonging, shall
in like manner be and become and remain and continue vested in the
Lord High Admiral of the said United Kingdom , or the Commissioners
for executing the office of Lord High Admiral aforesaid for the time
being and his or their successors in the said office according to the re
spective nature and quality of the said messuages , lands , tenements, and
hereditaments , and the several estates and interests of and in the same
respectively in trust as aforesaid .
To be so held 3. Upon the death, resignation , or removal of the present Com
in perpetual
succession. missioners for executing the office of Lord High Admiral of the said
United Kingdom or of any of them , or of any future such Commissioners .
or of any Lord High Admiral of the said United Kingdom, all such
messuages , lands , tenements, and hereditaments respectively shall be
come vested in and be held by the succeeding Commissioners for exe
cuting the office of Lord High Admiral aforesaid , or the Lord High Ad
miral aforesaid , as the case may be, and so in perpetual succession , ac
cording to the respective nature and quality of the said messuages , lands ,
tenements, and hereditaments , and the several estates and interests of
and in the same respectively in trust as aforesaid .
What suffi 4. In all deeds , conveyances, leases, contracts, and other instru
cient title of
Commis ments touching any estate, property, matter, or thing relating to the
sionersin con
veyances. Naval Service of the said United Kingdom or to any department under
the control of the Commissioners for executing the office of Lord High
Admiral aforesaid , or whereto they or any of them shall be parties , it
shall be sufficient to describe them generally by the style and title of
" The Commissioners for executing the office of Lord High Admiral of
the United Kingdom of Great Britain and Ireland , " without expressing
their names , and all such deeds , conveyances , leases, contracts , and other
instruments , wherein the said Commissioners shall be so described, and
the execution or signature thereof by any two of them , shall be as valid
and effectual to all intents and purposes as if they or any of them had
been expressly named therein and had executed or signed the same.
Power of 5. It sha'l and may be lawful for the Commissioners for executing
sale, & c . ,
given to Com the office of Lord High Admiral aforesaid for the time being or any two
missioners .
or more of them, or the Lord High Admiral aforesaid , to sell , exchange ,
or in any manner dispose of, or let, or demise any of the messuages,
ORDINANCE No. 3 OF 1863 . 545
Vesting of Admiralty Estates.
lands, tenements , and hereditaments respectively which shall be vested
in them under or by virtue of this Ordinance with their respective
appurtenances either by public auction or private contract, and in due
form of law to convey, surrender, assign , or make over or to grant or
demise the same respectively , as the case may require , to any person or
persons who shall be willing to purchase or take the same respectively ,
and also to do any other act, matter, or thing in relation to any such
messuages , lands, tenements, and hereditaments which they or he shall
deem beneficial for the public service in relation thereto or for the better
management thereof which might be done by any person or persons
having a like interest in any such messuages, lands, tenements , or here
ditaments.
6. It shall be lawful for the said Commissioners for executing the Power to sue
and distrain
office of Lord High Admiral aforesaid for the time being, or the Lord in respect of
such lands
High Admiral aforesaid for the time being, and they are hereby author
missioners,
ized and empowered to bring, prosecute, and maintain any action , suit, and as to costs
of suit.
or other proceeding at Law or in Equity, for recovering possession of any
messuages, lands, tenements , or hereditaments, by this Ordinance vested
in them or him as aforesaid, and to distrain or sue for any arrears of rent
which shall have or shall become due for or in respect thereof, under any
demise from the said Commissioners or Lord High Admiral , or any per
son or persons on their or his behalf, or on behalf of Her Majesty, and
also to bring, prosecute, or maintain or to defend any other action or
suit in respect of, or in relation to , the said messuages, lands, tenements,
or hereditaments , or any trespass or encroachment committed thereon , or
damage or injury done thereto ; and that in every such action or suit the
said Commissioners shall be called " The Commissioners for executing
the office of Lord High Admiral of Great Britain and Ireland," without
naming them ; and no such action or suit shall abate, by the death , re
signation , or removal of such Commissioners, or any of them , or of such
Lord High Admiral , any law, custom, or usage to the contrary notwith
standing : And the said Commissioners, or Lord High Admiral shall be
entitled to recover costs for and on behalf of Her Majesty, where judg
ment shall be given for the Crown, and shall be liable to pay costs where
judgment shall be given against the Crown , in any such action , suit , or
other proceeding in like manner, and subject to the same rules and pro
visions as though such action , suit, or other proceeding had been had
between subject and subject .
546 ORDINANCES Nos . 3 AND 4 OF 1863.
Vesting of Admiralty Estates. Gaol.
No property 7. Provided always, that nothing in this Ordinance contained shall
reserved by
the Governor
for naval pur empower or be construed, deemed or taken to empower the Lord High
poses to be Admiral or the Commissioners aforesaid for the time being to sell or
alienable ex
cept by way dispose of ( otherwise than by way of surrender to Her Majesty, Her
of surrender.
Heirs , or Successors ) any property reserved or granted by His Excellency
the Governor for naval or public purposes and held or accepted by the
Lord High Admiral or the Commissioners aforesaid for the time being
under any grant, lease, licence or appropriation made by the Governor
on that behalf.
No. 4 of 1863.
Title. An Ordinance to repeal Ordinance No. 1 of 1853 and to provide Gaols
and Debtors ' Wards , and for the due control of Prisoners therein .
[ 26th May, 1863. ]
Preamble.
HEREAS the present gaol is insufficient for the prisoners now incarcerated
W therein and it is advisable to repeal the Ordinance No. 1 of 1853 and to pro
vide further prison accommodation and for due management and control of prisoners :
Be it therefore enacted by His Excellency the Acting Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
Ordinance No. 1. The Ordinance No. 1 of 1853 intituled " An Ordinance for the Regulation of
1 of 1853 re
pealed. the Gaol of Hongkong" is hereby repealed .
Governor au 2. So much and such parts of the present gaol in Victoria as His Excellency the
thorized to set
apart parts of Governor shall from time to time by order in writing direct for the purpose shall be
present gaol
for The Victo
ria Gaol" and set apart and be used for a gaol and shall be called the " Victoria Gaol," and so much
ther parts for
debtors' ward. and such parts of the said present gaol as His Excellency the Governor shall from time
to time by order in writing direct for the purpose shall be set apart and used for a
debtors' ward or prison and shall be called the debtors' ward in the Victoria Gaol .
Governor au 3. It shall be lawful for His Excellency the Governor by order in writing under
thorized to set
apart all or part his hand to appropriate and set apart the whole or so much and such parts of Stone
of Stone Cut
ters' Island for
a gaol and hulk Cutters' Island in the Harbour of Victoria as His Excellency shall from time to time
to be treated as
part ofsuch gaol. direct for a gaol, which shall be called the " New Gaol," and until the said " New Gaol"
shall be finished and for such further time as His Excellency the Governor shall think
fit a certain hulk now in course of being fitted for the purpose of receiving prisoners to
be employed on the said Island shall be treated as forming part of the said last men
tioned gaol.
ORDINANCE No. 4 OF 1863. 547
Gaol.
4. It shall be lawful for His Excellency the Governor by order in writing under Governor a'
thorized to et
his hand from time to time hereafter to appropriate and set apart any other site or sites apart any other
sites for gal
and debtors'
within the said Colony as and for a gaol or gaols and a debtors ' ward or debtors ' wards ward.
which sites respectively shall be called by such names respectively as shall in any such
order be specified .
5. It shall be lawful for His Excellency the Governor from time to time by order Governor au
thorized to de
termine the use
in writing to determine the use of the said gaol and debtors ' ward and of such other of the said gaol
and debtors'
gaols and debtors' wards as shall have been formed as aforesaid or of any or either wards.
of them for the purposes of a gaol and debtors' ward respectively and to dedicate the
same sites respectively for any other purposes.
6. From and after the passing of this Ordinance no person shall land upon the Penalty on
persons other
said Island called Stone Cutters' Island except a Justice of Peace, an officer of Police than those duly
anthorized for
landing on or
or such persons as shall be duly authorized by an order signed by the Colonial Secre approaching
Stone Cutters
tary ; and no vessel shall without sufficient reason approach to within the distance of Island.
one hundred yards from the said Island except Police boats, commissariat boats, boats
belonging to Her Majesty's Ships of War, or boats carrying Justices of the Peace or
persons employed in the service of this Government, or persons duly authorized as above ;
and any person who, contrary to this Ordinance, shall land on the said Island or shall
being in any vessel wilfully approach within the said distance from the said Island
shall incur a penalty of not exceeding five hundred dollars .
7. Each gaol shall be under the care and control of an officer to be styled the How superinten
dents and staff
Superintendent of such Gaol, who shall be assisted by a staff to be appointed from time for each gaol
to be appointed.
to time by His Excellency the Governor, [ and such portion of any gaol as shall be set apart
for the confinement of debtors shall be further subject to the supervision and authority ofthe
sheriffofthe Colony ; Repealed by Ordinance No. 22 of 1882] and it shall be lawful for
the Governor to appoint a Superintendent General of Prisons, if he shall think fit.
8. All persons within the said gaols and debtors ' wards respectively already Rules, &c., to be
made.
constituted or hereafter to be constituted shall be subject to such general and special
rules and regulations and to such penalties and punishments respectively as are herein
after authorized or as shall be laid down and imposed by rules and regulations to be
passed and authorized in manner hereinafter provided.
9. The rules now in use for the regulation of the gaol of Victoria shall continue Gaol rules now
in use to
continue until
in force for the government of all gaols and debtors' wards in this Colony until the altered as after
provided for.
same shall be modified as hereinafter provided, and a copy of the said rules shall be
continually displayed within the said gaols and debtors' wards respectively in some
conspicuous place where they may be with facility seen and read by the inmates of the
said gaols and debtors' wards, and a copy shall also be appended to the Justices' Visit
ing Book in every gaol.
10. Such regulations shall be from time to time revised or added to as may be Alteration of
rules provided.
found necessary, and for this purpose it shall be competent for His Excellency the
Governor in Executive Council to make such revisions or additions , or for any number
548 ORDINANCE No. 4 of 1863 .
Gaol.
of Justices of the Peace, not less than three, of whom a Police Magistrate shall be
one to meet, and frame such revisions or additions as may be considered expedient ;
provided that such amended regulations shall not have effect until they shall have
been approved by His Excellency the Governor, and it shall be the duty of the Police
Limitation of Magistrate to forward such amended regulations to the Colonial Secretary. Provided.
penalties in
rules, &c.
also that no greater penalties shall be imposed for any breach of any prison rule than
to the extent hereby provided .
Power of 11. It shall be lawful for the Superintendent of any gaol to punish by imprison
Superintendent
alone to punish ment in a solitary cell for not exceeding three days on bread and water or rice and
refractory
prisoners.
[See Ord. No. 2 of water, or, if the prisoner be under conviction of felony, to punish by moderate corporal
1878.]
punishment not exceeding twelve strokes of a rattan, any prisoner whom he may find
after due investigation to have been guilty of any of the following offences or of any
breach of prison regulation or discipline :
Assault and battery.
Profane cursing or swearing or using indecent, violent or insulting language.
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work or wilful damage to or mismanagement of it.
Wilful damage to any cell, ward or room, or to any gaol furniture or property
whatsoever.
Powers of 12. If a prisoner be guilty of any of the above offences or of a breach of gaol
Superintendent
and Justice of regulations or discipline for the due punishment of which the Superintendent of any
the Peace to
punish when
those of gaol may deem the powers vested in him insufficient , it shall be lawful for such Super
Superintendent
insufficient. intendent in conjunction with any Justice of the Peace for the said Colony after
[See Ord. No. 2 of
1878.] inquiry to punish such prisoner by close or solitary confinement on bread and water
or rice and water for not exceeding fourteen days, or, if the prisoner be under con
viction for felony or have within three months next previous been guilty of a similar
offence, by personal correction not exceeding thirty- six strokes.
Ifpunishment be 13. No corporal punishment shall be inflicted without the written certificate of
flogging, twelve
hours to expire
before its the Medical Officer that the prisoner can receive the punishment without injury to his
infl'ction, and
exceptions to health ; and no such punishment shall be inflicted until after the expiration of twelve
such punish
ment. hours after the prisoner shall have been sentenced thereto under the two sections next
preceding, and no corporal punishment shall be inflicted on any prisoner confined for
debt or on first class misdemeanants.
Penalty for 14. If any person shall introduce into any prison or wilfully convey in any manner
supplying
articles to
prisoners. to or within the reach of any prisoner, whether within or without the gaol walls, any
intoxicating drink, tobacco, opium, letter or other articles not allowed by the rules of
such prison, he shall pay a penalty not exceeding twenty -five dollars, and such articles
shall be confiscated.
What labour 15. When any Magistrate or Court shall sentence a prisoner to hard labour, the
incident to
certain sentences same shall mean hard labour (in chains if necessary) within or without the prison walls
and what
prisoners to be in such mode as the Superintendent of such gaol shall with the sanction of His Excel
free from
imposed labour.
lency the Governor appoint, and if a prisoner be sentenced to hard labour within the
1
"
"
ORDINANCES Nos . 4 AND 5 OF 1863. 549
Gaol. Police and Lighting Rates.
prison, the same shall mean similar labour imposed in a similar manner within or without
the prison walls, and if a prisoner be sentenced to imprisonment, the same shall mean
imprisonment with labour of such light description within the prison walls as may be
appointed by the Superintendent under the sanction of His Excellency the Governor ;
but prisoners charged with crime or offence confined for want of sureties or to take
their trial shall not be under any obligation to labour beyond such labour as may be
reasonably proper for the purpose of preparing their own food and keeping their
persons and dress in a proper state, and keeping their cells clean. If any prisoners for
debt or on civil process or under committal for trial shall request to be employed in
labour, the Superintendent of the Gaol may respectively employ them in such work as
may seem to him suitable. W
1
16. All penalties imposed hereby or by any rules and regulations to be in force Mode of recover
ing penalties.
under this Ordinance shall be sued for and recovered under Ordinance No 10 of 1844.
[Repealed by Ordinance No. 18 of 1885. ]
NOTE. For additional Rules for the Government of Victoria Gaol of the 3rd September
1872, see Gazette of the 7th of the same month.
For Regulations of the 8th March 1877, see Gazette ofthe 10th of the same month.
For Further Regulation of9th November 1878, see Gazette of the same date.
For Regulation as to Fenal Diet of the 5th June 1885 , see Gazette ofthe 13th of the
same month.
No. 5 of 1863 .
An Ordinance for the better assessing and collecting the Police and Title.
-ZA - SA
[See Ord. No. 4 of
Lighting Rates within the Colony of Hongkong. 1868.]
[ 16th June, 1863. ]
HEREAS the collection of Police and lighting rates assessed upon the occupiers Preamble.
WH of tenements in this Colony is difficult and frequently impracticable, and it is
expedient to make better provision for the rating of such tenements, and for the collec
tion of such rates : Be it therefore enacted by His Excellency the Acting Governor by
-:
and with the advice of the Legislative Council as follows :
1. Ordinance No. 2 of 1845 , Ordinance No. 3 of 1851 , section 1 of Ordinance No. Ordinance No. 2
of 1845,
11 of 1856 , and Ordinance No. 8 of 1857, shall be and the same hereby are respectively Ordinance No. 3
of 1851, section 1
of Ordinance
repealed, except as to any operation already effected by, or act done under any or either No. 11 of 1836,
and Ordinance
of such Ordinances, or as to any right, title, obligation or liability acquired or accrued No. 8 of 1857,
repealed, except,
thereunder. &c.
550 ORDINANCE No. 5 OF 1863.
Police and Lighting Rates.
Persons acting 2. All persons heretofore appointed or acting under the said Ordinances shall, and
under said
Ordinances, to they are hereby authorized and required, notwithstanding the passing of this Ordi
continue to
discharge duties
till otherwise nance, to continue to discharge and execute their several duties and offices for the
directed.
purpose of carrying this Ordinance into execution, without any further or other appoint
ment thereto until the Governor shall otherwise direct.
Governor may
appoint persons 3. Upon the death, resignation or removal of such persons it shall be lawful for
to carry this the Governor from time to time to nominate and appoint other fit and proper persons
Ordinance into
execution , and
allow them such for the purpose of carrying this Ordinance into execution, and to allow them for the
remuneration as
he may deem performance of their duties, in that behalf, such remuneration as the Governor with
reasonable .
the advice of the Executive Council shall direct, and some one or more of the persons
so appointed as aforesaid shall at such times and in such manner as hereinafter pro
vided make or cause to be made a valuation of the tenements in this Colony or such
part thereof as the Governor with the advice of the Council aforesaid may at any time
direct and appoint.
Valuation to be 4. Such valuation shall be made at any time between the first day of August and
made between
the 1st day of
August and 15th the fifteenth day of November both inclusive in each year unless the Governor, with
day of November
in each year, the advice of the Executive Council, should deem it expedient to permit any existing
unless Governor
notify that then valuation to stand and be adopted wholly or in part for the year then next succeeding,
existing
valuation is to
stand wholly or in which case due notice of his intention shall between the days aforesaid be given in
in part.
the Government Gazette ; Provided always that such valuation whether adopted wholly
or in part only shall for the purposes of appeal be considered as a new valuation.
Valuators may in
execution of this 5. It shall be lawful for any person continued or appointed under this Ordinance
Ordinance
require occupier to require the owner or occupier of any tenement to furnish him with such particulars
or owner to fur
n'sh particulars as are set forth in form I in the schedule hereunto annexed, and from time to time to
ofthe rent or
annual value of enter into and upon such tenement for the purpose of making any valuation
any tenement
and may enter authorized by this Ordinance ; Provided always that in every case in which it shall be
the same.
necessary for any such person to enter any tenement, and when the owner or occupier
thereof shall oppose or refuse to allow such entry, such person shall give one day's
notice to the owner or occupier of such tenement requiring to be permitted to enter the
same and at any reasonable time after the expiration of such notice it shall be lawful to
make such entry, such person doing as little damage as may be in the execution of the
Penalty for pre powers hereby granted ; Provided also that in every case in which such owner or
venting such
entry or refusing
to furnish cor occupier shall refuse or fail to furnish such particulars for the space of one week from
rect particulars.
the day on which he shall have been required so to do or shall knowingly furnish false
or incorrect particulars , or shall after the expiration of the notice aforesaid hinder
obstruct or prevent any person continued or appointed under this Ordinance from
entering or inspecting any such tenement he shall be liable on conviction before a
Stipendiary Magistrate to a penalty not exceeding one hundred dollars.
Annual value
how to be 6. In every valuation to be made under the provisions of this Ordinance the person
ascertained.
so appointed to make such valuation as aforesaid shall cause every tenement to be
separately valued and such valuation shall be made upon an estimate of the gross
"
1
4
1
1
"
ORDINANCE No. 5 OF 1863 . 551
Police and Lighting Rates.
"
annual rent at which such tenement might reasonably be expected to let from year to
year. The value of a tenement so estimated shall not include the value of any machi
.
nery contained therein .
1
7. In making out the lists or tables of valuation hereinafter mentioned the valuator Valuator to dis
tinguish all L
shall distinguish all religious edifices, hospitals, cemeteries and tenements or portions religious edifices,
houses of a
of the same of a public nature or used for charitable purposes or for the purposes of public nature or
used for charit
able purposes,
science, literature or fine arts as specified in an Act of the Imperial Parliament made &c., which shall
be exempted
and passed in the Session thereof holden in the sixth and seventh years of the reign of from assessment.
B
Her present Majesty, chapter thirty-six, and the value of the same shall be deducted 1
from the gross amount of the valuation of the tenements comprised in such lists or
tables, and all such edifices, hospitals, and cemeteries and all such tenements or por 1
tions of the same so distinguished and deducted shall for the purposes of this Ordi
nance be deemed exempt from all assessment whatever so long as they shall continue
to be exclusively of a religious or public nature, or used exclusively for the purposes "'
aforesaid.
8. At a period of not less than fourteen days preceding the time fixed for appeal Notice ofvalua
tion in writing if
as hereinafter provided , it shall be the duty of the persons so appointed to make such to be given to 7
Occupier and of
valuation to leave or cause to be left with the occupier of the tenement so valued or the amount
thereof.
with some person resident therein a notice in writing of such valuation having been
I
made and of the amount thereof ; Provided always that non-compliance with this Lo
H
enactment by such persons shall not have the effect of invalidating the valuation of
such tenement or of relieving the party liable from payment of the rate or assessment "
in respect thereof.
1
9. When and as soon as the valuation of the tenements so directed to be made as Lists of valuation P
when completed I
aforesaid shall be completed, the person so appointed to make such valuation shall to be laid before
Governor, at the
foot of which is
prepare and make out a list or table of the several tenements so valued and of their to be subscribed
declaration that
respective valuations and shall lay the same before the Governor and shall at the foot the same con +
tains an account
of such list or table make and subscribe in the presence of the Governor or Colonial of all valuations
and is in other
Secretary a declaration to the effect that the same contains a true account of all valu respects correct.
ations made by such person and that the said list or table is to the best of his know #
ledge and belief correct in all other particulars.
10. The Governor shall cause to be deposited with some person such list or table List or copy to
be deposited -----
or an examined copy thereof, and notice of the place where the same may be inspected with liberty to
owner or oceu
shall be published in the Government Gazette, and any person in whose custody such pier ofa tene
ment to inspect "
such list or table.
list or table or copy thereof may be shall at any reasonable time within fourteen days #
from the publication of such notice permit every owner or occupier of a tenement
included therein to inspect the same and take any extracts therefrom without payment
" _____
of any fee or reward in that behalf.
F
11. If any person shall think himself aggrieved by such list or table on the Parties allowed
to appeal against
ground that such list or table includes any tenement for which he is not rateable such list or table
to the Court of
under this Ordinance, or that it places his rateable tenement beyond its full and fair Summary Juris
diction.
552 ORDINANCE No. 5 OF 1863.
Police and Lighting Rates.
annual value, or that any person is omitted out of such list or table, or that the tene
ment of any person is inserted therein below its full and fair annual value, the person
so aggrieved may within fourteen days after the publication of such list or table appeal
to the Court of Summary Jurisdiction , provided that the person so intending to appeal
shall give to the valuator a notice in writing of such appeal and of the cause and matter
thereof seven clear days at the least before the holding of the Court at which such ap
peal is to be heard, and in case such person shall appeal on the ground that any person
is omitted out of the said list or table, or that the tenement of any person is inserted
therein below its full and fair annual value, the appellant shall not only give such notice
of appeal to the valuator but shall also give a like notice of appeal to the person so
interested in the event of such appeal as aforesaid and the person so interested shall, if
he shall desire it, be heard upon the appeal, and the Judge upon due proof of the
notice having been given shall hear and determine the matter of the appeal in a sum
mary manner, and shall make such order therein with or without costs to either party
as the said Judge shall think proper, and in case the said Judge shall think the appel
lant entitled to relief he shall order the said list or table to be amended in such manner
as may be necessary for giving him relief, and in case he shall have appealed on the
ground that the tenement of any person is valued below its full and fair annual value
the Judge may order the amount at which such person is rated in the valuation to be
altered in such manner as he shall deem just, and the proper officer of the Court shall
in each of the cases aforesaid forthwith amend the said list or table accordingly, but
the said list or table shall not be invalidated or altered with respect to any other persons
named therein, and the determination of the said Court shall be final and conclusive.
Governor with 12. After the time so fixed for appeal shall have expired , it shall be lawful for
advice of Execu
tive Councilto
assess owners or the Governor by and with the advice of the Executive Council to assess all owners or
occupiers for Po
lice and lighting occupiers of tenements as hereinafter provided according to the said list or table or
rates.
amended list or table in the sums necessary to be levied for the purposes of this Ordi
nance, and the rate of assessment so fixed shall be published in the Government
Gazette : Provided always that such assessment shall be imposed as from the first day
of January in any one year to the first day of January in the year then next succeeding,
and shall not in any year exceed a rate equal to the expenses of the Police Establish
ment for such year so far as relates to the Police assessment, or a rate equal to one
and-a-half per cent upon the gross amount of the valuation of the tenements included
in the Police assessment for the current year so far as relates to the lighting assess
ment, and such assessments shall for the purposes of this Ordinance be respectively
called " The Police Assessment " and " The Lighting Assessment."
Rates and assess 13. The said rates or assessments may be imposed and levied yearly, half-yearly,
ments how to be
imposed and or quarterly or at such other times as the Governor with the advice of the Executive
when to be pay
able. Council may think fit, and shall be payable in advance at the office of the Colonial
Treasurer at such times as the Governor with the advice of the said Council may ap
point, and at the meeting imposing the same the Governor with the advice aforesaid.
shall appoint the days on which such rates or assessments shall be payable.
ORDINANCE No. 5 OF 1863 . 553.
Police and Lighting Rates.
14. The assessments hereinbefore authorized to be imposed shall be levied upon the Occupiers to pay
Police and light
occupiers of tenements, but deduction shall be allowed for any period during which any ing assessments.
tenement shall not be let or occupied for three months or upwards in any year, and
owners who shall let for rent or hire tenements for less than a year shall themselves as
well as the occupiers be responsible for the said assessment applicable to any period
less than a year, and the same may be recovered from such owner or from such occu
pier as may be deemed expedient : Provided always that nothing herein contained
shall prevent the said assessment from being charged and chargeable on and recover
able from the owners of the tenements in respect of which such assessment shall have 1
been made. [ Repealed by Ordinance No. 11 of 1867. ]
15. Provided also that nothing herein contained shall be taken to affect any con Agreements be "
tween landlord 1
and tenant not to
tract made or to be made between any owner and occupier of any tenement in respect be affected.
of which it is or may be agreed that the occupier shall pay and discharge all rates,
dues, and sums of money payable in respect of such tenement or to affect any contract
whatsoever between landlord and tenant. [ Repealed by Ordinance No. 11 of 1867.]
1
16. If any person assessed under this Ordinance or by this Ordinance rendered Recovery of
rates. 1
liable to the payment of any assessment shall refuse or neglect to pay the assessment 1.
hereinbefore authorized to be levied or any part thereof within twenty-one days after
such assessment is declared payable by public notice given in that behalf in the Gov 4
ernment Gazette, it shall be lawful for the Colonial Treasurer or for some person ap .
pointed by him for that purpose to make application to the Court of Summary Juris
diction upon an affidavit setting forth that the said person has failed to pay such
assessment or some part thereof notwithstanding a printed notice of the time and place
at which the same has become payable has been delivered to, or left for him at the
1
tenement in respect of which such assessment is made, and the said Court shall there
upon grant a summary warrant for the recovery of the said assessment or the part
thereof remaining unpaid with the legal interest thereon from the time when the
same shall have been declared payable together with the costs in each case incident by
law to the recovery thereof. [ Repealed by Ordinance No. 11 of 1867. ]
17. This Ordinance, Ordinance No. 12 of 1860, aud Ordinance No. 9 of 1862, shall Ordinances to be
construed to
gether.
be construed together and for all requisite purposes be deemed and taken as one Or
dinance ; and the ways and means for carrying the said last mentioned two Ordinances
into effect shall be provided as prescribed by this Ordinance.
Police rate on
18. Notwithstanding anything in this Ordinance contained it shall be lawful for
S
outlying districts.
the Governor with the advice of the Executive Council to order and direct that the
owner or occupier of any tenement situated in any part of this Colony other than and
except such part thereof as is ordinarily known and recognized as the City of Victoria
shall be assessed in respect of such tenement at a certain fixed and specified amount,
such amount in no case to exceed the sum at which such owner or occupier would have
been liable under the provisions hereinbefore contained , and in the event of the said
amount not being paid when duly demanded the same shall be recoverable in like man
554 ORDINANCE No. 5 OF 1863.
Police and Lighting Rates.
ner as hereinbefore provided in respect of rates in arrear : Provided always that no
such owner or occupier shall be assessed for the lighting assessment.
Misnomers, &c., 19. No misnomer or inaccurate description of any person , place or tenement in any
not to affect the
execution of this
Ordinance. document required for the purposes of this Ordinance, nor any mistake, informality or
omission committed in any proceeding had hereunder shall invalidate or prejudice such
document or proceeding or in anywise affect the execution of this Ordinance, provided
only that such person , place or tenement be designated in such document or proceed
ing to common intent and understanding, and that such mistake, informality or omission
be not of such a nature as to prevent the requirements of this Ordinance from being
substantially and in effect complied with.
Schedule to be 20. The schedule to this Ordinance annexed shall be deemed and taken to be a
part of Ordinan
ce.
part thereof, and the forms therein contained or any other forms to the like effect may
be used in the respective cases to which they are applicable.
Interpretation 21. The word " Tenement " in this Ordinance shall be construed to include any
clause.
Tenement.
house, cottage, shed, apartment , ground or building, or house together with land
annexed thereto and ordinarily occupied therewith as garden or pleasure-ground, all
outbuildings, stables, warehouses, yards and offices belonging or contiguous to any
house and occupied therewith by one and the same person or his servants as one entire
concern or undivided tenancy or holding, or not so belonging contiguous or occupied ;
Owner. the word " Owner " shall be construed to mean any person receiving or claiming the
rent of any such tenement for his own use, or receiving or claiming the same for the
use of any corporation aggregate or of any public company or of any landlord or lessor
who shall be a minor, under coverture or insane, or for the use of any person who shall
Person. not be usually resident within this Colony ; and the word " Person " shall be construed
to include any corporation or public company as well as any individual unless there be
something in the subject or context repugnant to such construction .
Commencement
ofOrdinance. 22. This Ordinance shall come into operation on the first day of July next.
Short title. 23. This Ordinance may be cited for all purposes as " The Police and Lighting
Rate Ordinance, 1863."
SCHEDULE TO WHICH THIS ORDINANCE REFERS .
FORM I.
For the Assessment of the year 186
To Owner or Occupier [ as the case may be]
of
In pursuance of " The Police and Lighting Rate Ordinance, 1863 " we require you to furnish us with
the particulars relating to this tenement in the manner specified in the document hereunto annexed ,
and return the same to us at within one week from the date hereof.
Dated this day of 186 ·
Valuaters under " The Police and Lightin
Rate Ordinance, 1863."
ORDINANCE No. 5 of 1863 . 555
Police and Lighting Rates.
For Assessment of the year 186 •
Return of houses, buildings and lands, at in the
Amount
Annum
Tenement
Dollars
ent
Colony of Hongkong of which the undersigned is owner.
Actual
Rent
per
Tenem
in
of
each
.No.
the
for
Description of
of
Tenement. If let or leased. The
.
No. and period of the tenure.
Name of Description 1.House
Whether Dwelling Whether occupied or
Remarks
Street, of Land Lot with Outhouses, vacant. Ifthe former, when entered upon, and
Road, or whether Garden, &c., occupied name and calling of whether the Premises
therewith,
Place. Marine or 2. Warehouseor or other the Occupier, whether are kept in repair by
Inland. Owner or Lessee. the Owner, or the
,
building, & c., separate Lessee at his own cost.
ly occupied.
FORM II.
For the Assessment of the year 186 .
Το
Occupier of
We hereby give you notice, under the provisions of section 3 of " The Police and Lighting Rate
Ordinance, 1863 ," that it is our intention , one day after the service of this notice, to enter upon the
above tenement for the purpose of inspecting the same so as to enable us to fix the valuation thereof
for the year 186
Valuators appointed under " The Police and
Lighting Rate Ordinance, 1863."
Victoria, Hongkong, the 186
FORM III .
Police and Lighting Ratefor the year 186 under Ordinance No. of 1863.
No.
To
or occupier or holder of the tenement hereunder enumerated
at
Under the provisions of section 8 of the said Ordinance the undersigned hereby inform you that
the tenement specified in the statement given below been valued to the Police and Lighting
Rate for the said year at the gross annual rental therein separately specified.
STATEMENT.
Police and Number and Name of
Lighting Rate Registrar Description of Land Street, Road, Description of Gross Annual Remarks.
No. General's No. Lot on which or Place. Tenement . Rental.
situated.
Valuators under " The Police and Lighting
Rate Ordinance, 1863."
[ Repealed by Ordinance No. 12 of 1875.]
536 ORDINANCE No. 6 OF 1863.
Regulation of Public Vehicles.
No. 6 of 1863 .
Title. An Ordinance to provide for the Regulation of Public Vehicles and
Chairs and their Drivers and Bearers, and to license the Hire of
Horses .
[ 8th July, 1863. ]
Preamble. HEREAS it is expedient to make provision for the regulation of public vehicles.
[See Ord. No, 8
of 1855, s. 17.] and chairs and for the licensing of the same, as also for the liceusing of persons
letting horses to hire : Be it enacted by His Excellency the Acting Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
No vehicle to ply 1. No vehicle or chair shall ply for or be let on hire unless and until the owner or
for hire until
licence obtained. one of the owners thereof shall have obtained a licence for the same, which licence the
Penalty for
breach.
Registrar General is hereby required to grant subject to such rules and regulations as
are hereby ordained and authorized . Every person being owner or part-owner of a
vehicle or chair which shall ply for or be let on hire without such licence, and every
driver or bearer of such vehicle or chair plying for, or let on hire without having such
licence as is hereby required, shall be subject respectively for each offence to a penalty
not exceeding one hundred dollars. [Added to by Ordinance No. 6 of 1882.]
Licences to be 2. Every such licence [ " such licences " as amended by Ord. No. 6 of 1882] shall be
taken out and to
be renewed half
yearly, and sums taken out half-yearly or for the residue of the current half-year, and shall expire on
payable for licen
ces ordinary and the thirty-first day of March and on the thirtieth day of September respectively in
special.
each year. Upon the taking out of every such licence there shall be paid to the
-
Registrar General for the use of the Public Treasury the following fee :
( 1.) For an ordinary licence for every wheeled vehicle one dollar.
(2.) For a special licence for every wheeled vehicle two dollars.
(3.) For an ordinary licence for every chair fifty cents.
(4.) For a special licence for every chair one dollar.
(5.) For every driver of a vehicle or bearer of a chair ten cents.
Hours within 3. Every driver of a vehicle and every bearer of a chair, which shall be licensed
which vehicles
may ply for hire, by an ordinary licence, shall be privileged to ply for hire from five o'clock in the
and number of
special licences.
morning until eight o'clock at night. Every driver of a vehicle and every bearer of a
chair, which shall be specially licensed , shall be privileged to ply for hire from five
o'clock in the morning until twelve o'clock at night. The number of special licences
shall be in the discretion of the Registrar General, in the absence of and subject to any
direction he may receive from His Excellency the Governor.
No holder of 4. No holder of a licence shall ply for hire at any other hour than the hours above
licence to ply
out of hours authorized, but every holder of a licence may drive or carry a fare within unauthorized
unauthorized
by his licence, hours , provided he has been bona fide engaged within the hours within which he is
"
ORDINANCE No. 6 of 1863. 557
Regulation of Public Vehicles.
hereby authorized to ply for hire ; and every driver or bearer plying for hire or carrying but he may carry
a fare if engaged
a fare at an unauthorized hour shall be subject to a penalty not exceeding fifty dollars, within authoriz
ed hours.
unless the Magistrate shall be of opinion that such driver or bearer was bona fide
engaged during the hours within which he is hereby authorized to ply for hire.
5. Every licensed vehicle or chair shall have affixed thereto in such conspicuous Numbers and
badges to be
place as the Registrar General shall direct the number of its licence in figures not less fixed on vehicles
and chairs, and
than two inches in length, and each driver of a vehicle or bearer of a chair shall wear worn by drivers
or bearers.
in such manner as the Registrar General shall direct his distinguishing badge, bearing
his own number licence.
6. All vehicles or chairs shall upon grant or renewal of licence [ words added by Vehicles and
chairs to be
Ordinance No. 6 of 1882] be shewn and submitted to the inspection of the Registrar inspected by
Registrar Gener
al, and his power
General , or of such person as he shall appoint for the purpose ; and the Registrar to refuse licence.
General is hereby authorized to refuse a licence in respect of any vehicle or chair which
shall not in his estimation be either as to repairs or cleanliness in a state fit for public
use.
7. Every person obtaining a licence for a vehicle or chair under this Ordinance On licence secur
ity to be given.
shall find and give upon receiving his licence security in the sum of fifty dollars for a
special licence, and twenty-five dollars for an ordinary licence, by the bond of himself
and of some person or persons, to the satisfaction of the Registrar General, for
the appearance at any time [ words added by Ordinance No. 6 of 1882] of the person
obtaining such licence and also of the driver or bearer of the vehicle or chair when
they shall respectively be thereunto required, and for his duly paying all fines which
shall be imposed in respect of the vehicle or chair or the driver or bearer thereof,
and all damages which may be recovered for injuries committed in respect of the
vehicle or chair or the driver or bearer thereof ; the bond to be in such form as the
Registrar General shall require.
8. Public vehicles and chairs shall when unengaged stand ready for hire at such Vehicle and
chair stands.
streets and places as the Registrar General shall from time to time direct . [ Added to
by Ordinance No. 6 of 1882. ]
9. The fares to be charged for public vehicles and chairs shall be such sums by Fares to be ac
cording to a
the day, half-day, hour, half-hour, or job as the Registrar General shall by a table scale to be fixed
by Registrar
General.
of fares to be set up in some conspicuous place in his office from time to time direct,
and a copy thereof shall be inserted in every licence to be granted under this Ordi
nance, and it shall be also affixed in a conspicuous place on the inside of every such
vehicle or chair : Provided always that such table of fares, or any alteration of the
d
same, shall, before the same shall come into operation, be submitted to and approved
by the Governor in Executive Council. Every public vehicle or chair when plying for
hire or engaged after eight o'clock at night shall carry a lamp of such description as
the Registrar General shall direct.
558 ORDINANCE No. 6 OF 1863.
Regulation of Public Vehicles.
Rule of road for 10. Every vehicle and chair on meeting any other vehicle or chair shall if prac
vehicles and
chairs meeting
and passing de ticable pass the other by keeping on the left side of the road, and when going in the
fined.
same direction with and overtaking such vehicle or chair shall pass on the right leaving
the vehicle or chair overtaken on the left.
Property in ve 11. All property left in any vehicle or chair shall be taken forthwith to the
hicle or chair
to be taken to Central Police Station and handed over to the Police authorities who shall cause the
the Police office,
and disposal goods to be publicly advertised in the usual manner, and , if claimed , the same shall
thereof.
be handed over to the owner claiming it subject to a deduction of five per centumn on
the value to be given to the driver or bearer bringing the same to the Police to be
ascertained in case of difference by the Captain Superintendent of Police, and if the
same shall be unclaimed at the expiration of three months from the date of the loss
the Captain Superintendent shall as soon thereafter as conveniently may be, cause the
said goods respectively to be sold in such manner as he shall think best, and the
Captain Superintendent shall deduct out of the proceeds of each sale a sum equivalent
to ten per centum on the proceeds of the sale of such goods , and shall pay the amount
to the driver or bearer who shall have brought the said goods, and subject thereto the
Penalty for non said proceeds shall be paid into the Public Treasury ; and in case any driver or bearer
compliance.
shall omit from any cause whatever to comply with the regulation contained in this
section he shall be subject to a fine of not exceeding fifty dollars and the value of the
article retained , and to a revocation of his licence for a period not exceeding two years
over and besides any punishment for larceny or other crime of which he may be
convicted.
Penalties on 12. Every driver of a public vehicle or bearer of a public chair who shall be guilty
drivers of ve
hicies and chairs. of either of the offences following, that is to say:
(1.) Concealing from or preventing any person taking the number of himself
or of his vehicle or chair ;
(2.) Or using any public vehicle or chair without having the registered
number thereof properly affixed thereto, or without having a copy of the
list of fares properly affixed in his vehicle or chair, or not carrying a
lamp respectively according to regulation ;
(3.) Or without having his badge on his person according to regulation ;
(4. ) Or transferring the use of any licence to any other person;
(5.) Or failing within twenty-four hours after the expiration of such licence
to deliver up the same to the Registrar General ;
(6.) Or carelessly driving any vehicle or carrying any chair to the danger of
any person or property whatsoever ;
(7.) Or using any insulting language or being guilty of any rude behaviour
whilst employed ;
(8. ) Or keeping the wrong side of the road without reasonable excuse for
so doing ;
ORDINANCE No. 6 OF 1863 . 559
Regulation of Public Vehicles.
(9.) Or refusing when unemployed to accept hire, without reasonable cause
for so refusing ;
(10.) Or demanding more than the authorized fare ;
(11.) Or not travelling with reasonable expedition ;
(12. ) Or leaving his fare before the engagement shall have been completed ;
(13.) Or when unemployed allowing his chair to remain in any other place
than at one of the stands which the Registrar General is hereinbefore
authorized to appoint ;
(14.) Or sitting or lying in a public vehicle or chair ;
[Sub-sections numbered 15 to 19 added by Ordinance No. 6 of 1882. ]
And being convicted thereof, shall be subject to a penalty not exceeding ten dollars.
for each and every offence.
13. No person shall let for hire or offer to let for hire by the hour, day, week or No person to let
horses, &c. to be
job or for any period less than thirty days any horse or other animal to be ridden or ridden or driven
without a
driven without having obtained a half-yearly licence for the same from the office of licence.
the Registrar General, upon the granting of each of which licences a fee of one dollar
in respect of every such horse or other animal so to be licensed to be let shall be
payable. Every person who shall let for hire or offer to let for hire any horse or other
animal without having such licence as is by this section required shall be subject for
each offence to a penalty not exceeding fifty dollars .
14. In case any person having engaged a vehicle or chair or horse shall refuse Penalty on per
sons engaging
or neglect to pay the fare for the same forthwith upon the termination of the hiring, vehicle or chair
and not paying
or in case any person whatever shall wilfully injure or damage any public vehicle or fare or injuring
vehicles or
chair or shall beat, ill- treat or use abusive language towards the driver or bearer of chairs, or ill
treating or abus
ing driver or
any public vehicle or chair, every such person shall be liable to a penalty not exceeding bearer.
fifty dollars and to pay and make good to the owner, driver or bearer a proper com
pensation to be adjudged by a Magistrate, and in every case compensation for the loss
of time of owner, driver or bearer and his witnesses ; and such compensation shall be
recovered by the same means as the penalty.
15. All penalties imposed hereby shall be sued for and recovered under Ordinance Mode of recov
No. 10 of 1844. ering penalties.
16. This Ordinance shall come into operation on and from the first day of October, Commencement
of Ordinance.
1863 .
[ Repealed by Ordinance No. 5 of 1883. ]
NOTE.- For Scale of Fares under sections 8 & 9, see Gazette 12th & 26th September
1863. For Further Scale of Fares ofthe 12th September 1882, see Gazette
10th ofthe same month.
560 ORDINANCE No. 7 OF 1863 .
Revenue.
No. 7 of 1863 .
Title. An Ordinance to apply a Sum not exceeding Four hundred and Seventy
seven thousand Dollars to the Public Service of the Year 1864.
[ 8th July, 1863. ]
Preamble. HEREAS the expenditure required for the service of this Colony for the year 1864
W
has been estimated at the sum of four hundred and seventy- six thousand three
hundred and sixty-seven dollars : Be it enacted by His Excellency the Acting Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
Estimates, 1864 . 1. A sum not exceeding four hundred and seventy- seven thousand dollars shall be
and the same is hereby charged upon the revenue of this Colony for the service of the
year 1864, and the said sum so charged shall be expended as hereinafter specified ; that
is to say :
CIVIL ESTABLISHMENTS :— $ c.
The Governor, …………
. 240.00
Colonial Secretary, 6,288.00
Colonial Treasurer, 4,616.00
Auditor General , ……………….. 6,722.00
Clerk of Councils, 72.00
Surveyor General, 8,762.00
Postmaster General , 15,768.00
Registrar General,.... 1,290.00
Harbour Master and Emigration Officer, 7,792.00
JUDICIAL ESTABLISHMENT, 6,310.00
ECCLESIASTICAL ESTABLISHMENT, .... 702.00
EDUCATIONAL ESTABLISHMENT, 9,334.00
MEDICAL ESTABLISHMENT, .... 13,792.00
POLICE MAGISTRATES ,.....……………… 4,282.00
POLICE,...... 126,879.00
GAOLS , ...... 39,698.00
CHARITABLE ALLOWANCES, 480.00
TRANSPORT, ..... 1,500.00
WORKS AND BUILDINGS , ..... 107,140.00
ROADS, STREETS , AND BRIDGES, 102,950.00
MISCELLANEOUS SERVICES , ..... 250.00
LAND AND HOUSES PURCHASED, 10,000.00
SPECIAL EXPENSES, & c., 1,500.00
TOTAL.........$ 476,367.00
[ Repealed by Ordinance No. 4 of 1887.]
I
ORDINANCE No. 8 OF 1863. 561
Fraudulent Marking of Merchandise.
No. 8 of 1863.
An Ordinance to prevent the fraudulent marking of merchandise. Title.
[See 25 and
20 Viet. ¢.88 . ]
[22nd December, 1863. ]
HEREAS it is expedient to prevent the fraudulent marking of Preamble.
WE merchandise, and the sale of merchandise falsely marked for
the purpose of fraud : Be it therefore enacted by His Excellency the
Acting Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
1. In the construction of this Ordinance the word " Person " shall Construction
of words.
include any person , whether a subject of Her Majesty or not, and any
body corporate or body of the like nature, whether constituted according
to the law of this Colony or of any of Her Majesty's Colonies or Dominions ,
or according to the law of any Foreign Country , and also any company ,
association , or society of persons, whether the members thereof be subjects
of Her Majesty or not, or some of such persons subjects of Her Majesty
and some of them not, and whether such body corporate, body of the like
nature, company, association , or society be established or carry on business
within Her Majesty's Dominions or elsewhere, or partly within Her
Majesty's Dominions and partly elsewhere ; the word " Mark " shall include
any name, signature , word , letter, device, emblem, figure, sign , seal, stamp ,
diagram, label , ticket, or other mark of any other description ; and the
expression " Trade Mark " shall include any and every such name,
signature, word , letter, device, emblem, figure, sign , seal , stamp , diagram ,
label , ticket , or other mark as aforesaid lawfully used by any person to
denote any chattel, or any article of trade, manufacture, or merchandise,
to be an article or thing of the manufacture, workmanship , production ,
or merchandise of such person , or to be an article or thing of any peculiar
or particular description made or sold by such person , and shall also
include any name, signature, word , letter, number, figure, mark, or sign
which in pursuance of any Statute or Statutes , Ordinance or Ordinances
for the time being in force relating to registered designs is to be put or
placed upon or attached to any chattel or article during the existence or
continuance of any copyright or other sole right acquired under the
provisions of such Statutes or Ordinances or any of them .
2. Every person who, with intent to defraud, or to enable another Forging a
trade mark
to defraud any person , shall forge or counterfeit, or cause or procure to or falsely
applying any
be forged or counterfeited, any trade mark, or shall apply, or cause or trade mark
562 ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
with intent procure to be applied , any trade mark or any forged or counterfeited trade
to defraud, a
misdemeanor .
mark to any chattel or article not being the manufacture, workmanship,
production, or merchandise of any person denoted or intended to be
denoted by such trade mark, or denoted or intended to be denoted by
such forged or counterfeited trade mark, or not being the manufacture,
workmanship, production, or merchandise of any person whose trade
mark shall be so forged or counterfeited , or shall apply, or cause or
procure to be applied , any trade mark or any forged or counterfeited trade
mark to any chattel or article, not being the particular or peculiar descrip
tion of manufacture , workmanship, production , or merchandise denoted
or intended to be denoted by such trade mark, or by such forged or
counterfeited trade mark, shall be guilty of a misdemeanor , and every
person so committing a misdemeanor shall also forfeit to Her Majesty
every chattel and article belonging to such person to which he shall have
so unlawfully applied , or caused or procured to be applied , any such trade
mark or forged or counterfeited trade mark as aforesaid, and every
instrument in the possession or power of such person, and by means of
which any such trade mark, or forged
or counterfeited trade mark as
aforesaid, shall have been so applied, and every instrument in the possession
or power of such person for applying any such trade mark or forged or
counterfeited trade mark as aforesaid , shall be forfeited to Her Majesty ;
and the Court before which any such misdemeanor shall be tried may
order such forfeited articles as aforesaid to be destroyed or otherwise
disposed of as such Court shall think fit.
Applying a 3. Every person who , with intent to defraud , or to enable another
forged trade
mark to any to defraud, any person, shall apply or cause or procure to be applied any
vessel , case ,
wrapper, &c., trade mark or any forged or counterfeited trade mark to any cask , bottle,
in or with
which any stopper, vessel, case, cover, wrapper, band , reel , ticket, label, or other thing
article is sold
or intended in, on , or with which any chattel or article shall be intended to be sold
to be sold, a
misdemeanor. or shall be sold or uttered or exposed for sale, or intended for any purpose
of trade or manufacture, or shall enclose or place any chattel or article,
or cause or procure any chattel or article to be enclosed or placed , in , upon ,
under, or with any cask, bottle , stopper, vessel, case , cover, wrapper,
band, reel , ticket , label , or other thing to which any trade mark shall
have been falsely applied, or to which any forged or counterfeited trade
mark shall have been applied , or shall apply or attach or cause or procure
to be applied or attached to any chattel or article any case, cover, reel ,
ticket, label , or other thing to which any trade mark shall have been
ORDINANCE No. 8 of 1863 . 563
Fraudulent Marking of Merchandise.
falsely applied, or to which any forged or counterfeited trade mark shall
have been applied, or shall enclose, place , or attach any chattel or article,
or cause or procure any chattel or article to be enclosed , placed , or attached,
in , upon , under, with , or to any cask , bottle , stopper, vessel, case, cover,
wrapper, band, reel , ticket, label , or other thing having thereon any trade
mark of any other person shall be guilty of a misdemeanor, and every
person so committing a misdemeanor shall also forfeit to Her Majesty every
such chattel and article, and also every such cask, bottle, stopper , vessel ,
case, cover, wrapper, band, reel, ticket, label, or other thing as aforesaid !
in the possession or power of such person ; and every other similar cask,
bottle, stopper, vessel , case, cover , wrapper, band , reel , ticket , label , or
other thing made to be used in like manner as aforesaid, and every
instrument in the possession or power of such person, and by means of
which any such trade mark or forged or counterfeited trade mark as
aforesaid shall have been applied , and also every instrument in the
possession or power of such person for applying any such trade mark or
forged or counterfeited trade mark as aforesaid , shall be forfeited to Her
Majesty ; and the Court before which any such misdemeanor shall be
tried may order such forfeited articles as aforesaid to be destroyed or
otherwise disposed of as such Court shall think fit.
4. Every person who, after the thirty-first day of March one Selling
articles with
thousand eight hundred and sixty - four , shall sell , utter, or expose either forged or false
trade marks
for sale or for any purpose of trade or manufacture , or cause or procure after 31st
March 1864
to be sold, uttered , or exposed for sale or other purpose as aforesaid, any penalty equal
to value of
chattel or article, together with any forged or counterfeited trade mark, article sold,
and a sum
which he shall know to be forged or counterfeited , or together with the not exceeding
$50 nor less
the trade mark of any other person applied or used falsely or wrongfully than $5.
or without lawful authority or excuse, knowing such trade mark of
another person to have been so applied or used as aforesaid, and that
whether any such trade mark or forged or counterfeited trade mark as
aforesaid, together with which any such chattel or article shall be sold ,
uttered , or exposed for sale or other purpose as aforesaid , shall be in ,
upon, about, or with such chattel or article, or in, upon, about, or with
any cask, bottle, stopper , vessel, case, cover, wrapper, band , reel , ticket,
label, or other thing in, upon , about, or with which such chattel or
article shall be so sold or uttered or exposed for sale or other purpose as
aforesaid, shall for every such offence forfeit and pay to Her Majesty a
sum of money equal to the value of the chattel or article so sold , uttered , 18
564 ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
offered , or exposed for sale or other purpose as aforesaid , and a further
sum not exceeding fifty dollars and not less than five dollars.
Additions to 5. Every addition to and every alteration of, and also every imita
and altera
tions of trade tion of any trade mark which shall be made, applied , or used with intent
marks made
with intent to defraud, or to enable any other person to defraud , or which shall cause
to defraud to
be deemed a trade mark with such alteration or addition , or shall cause such imita
forgeries.
tion of a trade mark to resemble any genuine trade mark so or in such
manner as to be calculated or likely to deceive, shall be and be deemed
to be a false, forged , and counterfeited trade mark within the meaning of
this Ordinance ; and every act of making, applying, or otherwise using
any such addition to or alteration of a trade mark or any such imitation
of a trade mark as aforesaid done by any person with intent to defraud ,
or to enable any other person to defraud , shall be and be deemed to be
forging and counterfeiting a trade mark within the meaning of this
Ordinance .
Any person 6. Where any person who, at any time after the thirty-first day of
who, after
31st March March one thousand eight hundred and sixty-four, shall have sold ,
1864, shall
have sold an uttered, or exposed for sale or other purpose as aforesaid , or shall have
article having
a false trade caused or procured to be sold , uttered , or exposed for sale or other
mark to be
bound to give purpose as aforesaid , any chattel or article, together with any forged or
information
where he pro counterfeited trade mark , or together with the trade mark of any other
cured it;
person used without lawful authority or excuse as aforesaid, and that
whether any such trade mark, or such forged or counterfeited trade mark
as aforesaid , be in , upon , about, or with such chattel or article, or in ,
upon, about, or with any cask, bottle, stopper, vessel , case, cover, wrapper,
band , reel, ticket, label , or other thing in, upon, about , or with which
such chattel , or article shall have been sold or exposed for sale , such
person shall be bound upon demand in writing delivered to him or left.
for him at his last known dwelling house or at the place of sale or ex
posure for sale by or on the behalf of any person whose trade mark shall
have been so forged or counterfeited , or used without lawful authority
or excuse as aforesaid , to give to the person requiring the same, or his
attorney or agent, within forty -eight hours after such demand , full infor
mation in writing, verified by affidavit or declaration according to the law
Power to of this Colony made before a Police Magistrate, of the name and address
Police Magis
trate to sum of the person from whom he shall have purchased or obtained such chattel
mon parties
refusing to or article , and of the time when he obtained the same ; and it shall be
give informa
tion. lawful for any Police Magistrate, on information on oath of such demand
ORDINANCE No. 8 or 1863 . 565
Fraudulent Marking of Merchandise.
and refusal , to summon before him the party refusing, and on being
satisfied that demand so verified as aforesaid ought to be complied with
to order such information to be given within a certain time to be appointed
by him ; and any such party who shall refuse or neglect to comply with Penalty for
refusal $50.
such order shall for every such offence forfeit and pay to Her Majesty
the sum of fifty dollars, and such refusal or neglect shall be primâ facie
evidence that the person so refusing or neglecting had full knowledge
that the trade mark, together with which such chattel or article was sold,
uttered, or exposed for sale or other purpose as aforesaid , at the time of
such selling, uttering, or exposing was a forged, counterfeited, and false
trade mark, or was the trade mark of a person which had been used
without lawful authority or excuse, as the case may be.
7. Every person who, with intent to defraud or to enable another Marking any
false indica
to defraud, shall put or cause or procure to be put upon any chattel or tion of quanti
ty, & c., upon
article , or upon any cask, bottle, stopper , vessel , case, cover, wrapper, an article
with intent
band , reel, ticket , label , or other thing, together with which any chattel to defraud,
penalty a sum
or article shall be intended to be or shall be sold or uttered or exposed for equal to the
value of the
sale, or for any purpose of trade or manufacture, or upon any case, frame, article and the
further sum
or other thing in or by means of which any chattel or article shall be in not exceeding
$50 and not
tended to be or shall be exposed for sale, any false description , statement , or less than $5.
other indication of or respecting the number, quantity, measure, or weight
of such chattel or article , or any part thereof, or of the place or country
in which such chattel or article shall have been made, manufactured , or
produced, or shall put or cause or procure to be put upon any such
chattel or article, cusk, bottle, stopper, vessel , case, cover, wrapper , band,
reel, ticket, label, or thing as aforesaid, any word, letter , figure , signature,
or mark for the purpose of falsely indicating such chattel or article , or
the mode of manufacturing or producing the same, or the ornamentation ,
shape, or configuration thereof, to be the subject of any existing patent ,
privilege, or copyright, shall for every such offence forfeit and pay to Her
Majesty a sum of money equal to the value of the chattel or article so
sold or uttered or exposed for sale, and a further sum not exceeding fifty
dollars and not less than five dollars.
8. Every person who, after the thirty -first day of March one thou Selling or
exposing for
sand eight hundred and sixty- four , shall sell , utter, or expose for sale or sale after the
31st March
for any purpose of trade or manufacture, or shall cause or procure to be 1864 articles
with false
sold , uttered , or exposed for sale or other purpose as aforesaid, any chattel statement of
or article upon which shall have been , to his knowledge , put , or upon quantities,
& c. , penalty
t
!
566 ORDINANCE No. 8 OF 1863 .
Fraudulent Marking of Merchandise.
not more than
$50 or less any cask, bottle, stopper, vessel, case, cover, wrapper, band , reel , ticket,
than $5. label, or other thing together with which such chattel or article shall be
sold or uttered or exposed for sale or other purpose as aforesaid , shall
have been so put, or upon any case, frame, or other thing used or em
ployed to expose or exhibit such chattel or article for sale shall have been
so put, any false description , statement, or other indication of or respect
ing the number, quantity, measure, or weight of such chattel or article
or any part thereof, or the place or country in which such chattel or
article shall have been made, manufactured or produced, shall for every
such offence forfeit and pay to Her Majesty a sum not exceeding fifty
dollars and not less than five dollars .
Proviso that 9. Provided always, that the provisions of this Ordinance shall not
it shall not be
an offence to be construed so as to make it any offence for any person to apply to any
apply names
or words chattel or article, or to any cask, bottle, stopper, vessel , case , cover,
known to be
used for in wrapper, band, reel, ticket, label , or other thing with which such chattel
dicating par
ticular classes or article shall be sold or intended to be sold , any name , word , or
of manufac
tures. expression generally used for indicating such chattel or article to be of
some particular class or description of manufacture only, or so as to make
it any offence for any person to sell, utter , or offer or expose for sale any
chattel or article to which , or to any cask, bottle, stopper, vessel , case,
cover, wrapper, band , reel, ticket , label, or other thing sold therewith,
any such generally used name, word , or expression as aforesaid shall
have been applied .
Description of 10. In every indictment, information , pleading, proceeding, and
trade marks
and forged document whatsoever in which any trade mark shall be intended to be
trade marks
in indict mentioned it shall be sufficient to mention or state the same to be a trade
ments , &c.
mark without further or otherwise describing such trade mark, or setting
forth any copy or fac-simile thereof ; and in every indictment, information,
pleading, proceeding, and document whatsoever in which it shall be
intended to mention any forged or counterfeit trade mark it shall be
sufficient to mention or state the same to be a forged or counterfeit trade
mark without further or otherwise describing such forged or counterfeit
trade mark, or setting forth any copy or fac- simile thereof.
Conviction 11. The provisions in this Ordinance contained of or concerning any
not to affect
any right or act, or any proceeding , judgment, or conviction for any act hereby
civil remedy .
declared to be a misdemeanor or offence , shall not nor shall any of them
take away, diminish , or prejudicially affect any suit, process , proceeding,
right, or remedy which any person aggrieved by such act may be entitled
1
1
I
ORDINANCE No. 8 OF 1863 . 1
567
!
Fraudulent Marking of Merchandise.
to at Law, in Equity , or otherwise, and shall not nor shall any of them
exempt or excuse any person from answering or making discovery upon
examination as a witness or upon interrogatories , or otherwise, in any
suit or other civil proceeding : Provided always , that no evidence, state
ment, or discovery which any person shall be compelled to give or make
shall be admissible in evidence against such person in support of any
indictment or information for a misdemeanor at Common Law or other
wise, or of any proceeding under the provisions of this Ordinance.
12. In every indictment, information , conviction , pleading, and Intent to de
fraud, &c.,
proceeding against any person for any misdemeanor or other offence any particular
person need
against the provisions of this Ordinance in which it shall be necessary to , not be alleged
in an indict
allege or mention an intent to defraud , or to enable another to defraud ment, &c., or
proved.
it shall be sufficient to allege or mention that the person accused of having
done any act which is hereby made a misdemeanor or other offence did
such act with intent to defraud, or with intent to enable some other
person to defraud, without alleging or mentioning an intent to defraud
any particular person ; and on the trial of any such indictment or inform
ation for any such misdemeanor , and on the hearing of any information
or charge of or for any such other offence as aforesaid , and on the trial
of any action against any person to recover a penalty for any such other
offence as aforesaid , it shall not be necessary to prove an intent to defraud
any particular person , or an intent to enable any particular person to
defraud any particular person, but it shall be sufficient to prove with
respect to every such misdemeanor and offence that the person accused
did the act charged with intent to defraud, or with intent to enable some
other person to defraud, or with the intent that any other person might
be enabled to defraud.
13. Every person who shall aid , abet , counsel, or procure the Persons who
aid in the
commission of any offence which is by this Ordinance made a misdemeanor commission of
a misdemean
shall also be guilty of a misdemeanor. or to be also
guilty.
14. Every person who shall be convicted or found guilty of any Punishment
for misde
offence which is by this Ordinance made a misdemeanor shall be liable, meanor
under this
at the discretion of the Court and as the Court shall award, to suffer such Ordinance.
punishment by imprisonment for not more than two years, with or with
out hard labour , or by fine, or both by imprisonment with or without
hard labour and fine, and also by imprisonment until the fine ( if any )
shall have been paid and satisfied .
568 ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
Recovery of 15. In every case in which any person shall have committed or
penalties.
done any offence or act whereby he shall have forfeited or become
liable to pay to Her Majesty any of the penalties or sums of money
mentioned in the provisions of this Ordinance, every such penalty or
sum of money shall or may be recovered in an action of debt , which any
person may as plaintiff for and on behalf of Her Majesty commence and
prosecute to judgment in the Supreme Courtof this Colony, and the
amount of every such penalty or sum of money to be recovered in any
such action shall or may be determined by the jury ( if any ) sworn to
try any issue in such action, and if there shall be no such jury then by
the Court or some other jury, as the Court shall think fit, or instead of
any such action being commenced such penalty or sum of money shall or
may be recovered by a summary proceeding before a Police Magistrate,
who upon proof of the offence, cither by the confession of the person
offending or by the cath or affirmation of one or more credible witnesses ,
shall convict the offender, and find him liable in the penalty or penalties
aforesaid as also in expenses .
Mode of 16. All penalties sought to be recovered under this Ordinance by a
recovering
penalties. summary proceeding before a Police Magistrate, shall be sued for and
recovered under Ordinance No. 10 of 1844 .
In actions 17. In every case in which judgment shall be obtained in any such
penalties to
be accounted action as aforesaid for the amount of any such penalty or sum of money
for in like
manner as forfeited to Her Majesty , the amount thereof shall be paid by the defend
other monies
payable to ant to the Registrar of the Court, who shall account for the same in like
the Crown,
and plaintiffs manner as other monies payable to Her Majesty, and , if it be not paid .
to recover full
costs of suit. may be recovered, or the amount thereof levied , or the payment thereof
enforced , by execution or other proper proceeding, as money due to Her
Majesty ; and the plaintiff suing on behalf of Her Majesty, upon obtain
ing judgment , shall be entitled to recover and have execution for all his
costs of suit, which shall include a full indemnity for all costs and charges
which he shall or may have expended or incurred in , about , or for the
purposes of the action , unless the Court , or the Judge thereof, shall direct
that costs of the ordinary amount only shall be allowed .
Limitations 18. No person shall commence any action or proceeding for the
of action, &c.
recovery of any penalty, or procuring the conviction of any offender in
manner hereinbefore provided , after the expiration of three years next
after the committing of the offence, or one year next after the first dis
covery thereof by the person proceeding.
ORDINANCE No. 8 OF 1863 . 569
Fraudulent Marking of Merchandise.
After 31st
19. In every case in which at any time after the thirty-first day of
March, 1864.
March one thousand eight hundred and sixty-four any person shall sell vendor of an
article with a
or contract to sell (whether by writing or not) to any other person any trade mark to
be deemed to
chattel or article with any trade mark thereon , or upon any cask, bottle, contract that
the mark is
stopper, vessel, case, cover, wrapper, band, reel, ticket, lable, or other genuine.
thing together with which such chattel or article shall be sold or con
tracted to be sold , the sale or contract to sell shall in every such case be
deemed to have been made with a warranty or contract by the vendor to
or with the vendee that every trade mark upon such chattel or article , or
upon any such cask, bottle, stopper, vessel, case, cover, wrapper, band ,
reel, ticket, lable, or other thing as aforesaid , was genuine and truc, and
not forged or counterfeit, and not wrongfully used , unless the contrary
shall be expressed in some writing signed by or on behalf of the vendor,
and delivered to and accepted by the vendee.
Vendor of an
20. In every case in which at any time after the thirty-first day of article with
March one thousand eight hundred and sixty-four any person shall sell description
upo n it of its
or contract to sell ( whether by writing or not ) to any other person any quantity to
be deemed to
chattel or article upon which, or upon any cask, bottle, stopper, vessel, contract that
the descrip
case, cover, wrapper, band, reel , ticket, label , or other thing together tion was true.
with which such chattel or article shall be sold or contracted to be sold ,
any description , statement, or other indication of or respecting the
number, quantity , measure, or weight of such chattel or article, or the
place or country in which such chattel or article shall have been made,
manufactured , or produced , the sale or contract to sell shall in every
such case be deemed to have been made with a warranty or contract by the
vendor to or with the vendee that no such description , statement , or other
indication was in any material respect false or untrue, unless the contrary
shall be expressed in some writing signed by or on behalf of the vendor ,
and delivered to and accepted by the vendee.
21. In every case in any suit at Law or in Equity against any In suits at
Law or in
person for forging or counterfeiting any trade mark, or for fraudulently Equity
against
applying any trade mark, to any chattel or article, or for selling, exposing persons for
using forged
for sale, or uttering any chattel or article with any trade mark falsely or trade marks,
Court may
wrongfully applied thereto, or with any forged or counterfeit trade mark order article
to be
applied thereto, or for preventing the repetition or continuance of any destroyed,
such wrongful act, or the committal of any similar act, in which the and may
award injune
plaintiff shall obtain a judgment or decree against the defendant, the tion, &c.
Court shall have power to direct every such chattel and article to be
570 ORDINANCE No. 8 OF 1863 .
Fraudulent Marking of Merchandise.
destroyed or otherwise disposed of; and in every such suit in a Court of
Law the Court shall or may upon giving judgment for the plaintiff award
a writ of injunction or injunctions to the defendant commanding him to
forbear from committing and not by himself or otherwise to repeat or
commit any offence or wrongful act of the like nature as that of which he
shall or may have been convicted by such judgment, and any disobedience
of any such writ of injunction or injunctions shall be punished as a con
tempt of Court ; and in every such suit at Law or in Equity it shall be
lawful for the Court or the Judge thereof to make such order as such
Court or Judge shall think fit for the inspection of every or any manufac
ture or process carried on by the defendant in which any such forged or
counterfeit trade mark , or any such trade mark as aforesaid , shall be
alleged to be used or applied as aforesaid, and of every or any chattel ,
article, and thing in the possession or power of the defendant alleged to
have thereon or in any way attached thereto any forged or counterfeit
trade mark, or any trade mark falsely or wrongfully applied , and every
or any instrument in the possession or power of the defendant used or
intended to be or capable of being used for producing or making any
forged or counterfeit trade mark, or trade mark alleged to be forged or
counterfeit, or for falsely or wrongfully applying any trade mark ; and
any person who shall refuse or neglect to obey any such order shall be
guilty of a contempt of Court.
Persons 22. In every case in which any person shall do or cause to be done
aggrieved by
forgeries may any of the wrongful acts following ; ( that is to say, ) shall forge or
recover
damages counterfeit any trade mark ; or for the purpose of sale, or for the purpose
against the
guilty parties. of any manufacture or trade, shall apply any forged or counterfeit trade
mark to any chattel or article, or to any cask, bottle, stopper, vessel , case,
cover, wrapper, band, reel , ticket, label, or thing in or with which any
chattel or article shall be intended to be sold or shall be sold or uttered
or exposed for sale, or for any purpose of trade or manufacture ; or shall
inclose or place any chattel or article in, upon, under, or with any cask,
bottle, stopper, vessel, case, cover, wrapper, band, reel , ticket, label, or
other thing to which any trade mark shall have been falsely applied , or
to which any forged or counterfeit trade mark shall have been applied ;
or shall apply or attach to any chattel or article, any case, cover, reel ,
wrapper, band, ticket, label , or other thing to which any trade mark
shall have been falsely applied , or to which any forged or counterfeit
trade mark shall have been applied ; or shall inclose, place, or attach any
ORDINANCE No. 8 OF 1863. 571
Fraudulent Marking of Merchandise.
chattel or article in , upon , under , with, or to any cask, bottle, stopper,
vessel , case, cover, reel , wrapper , band , ticket, label , or other thing having
thereon any trade mark of any other person ; every person aggrieved by
any such wrongful act shall be entitled to maintain an action or suit for
damages in respect thereof aganist the person who shall be guilty of
having done such act or causing or procuring the same to be done , and
for preventing the repetition or continuance of the wrongful act, and the
committal of any similar act.
23. In every action which any person shall under the provisions Defendant
obtaining a
of this Ordinance commence as plaintiff for or on behalf of Her Majesty verdict to
have full
for recovering any penalty or sum of money , if the defendant shall obtain indemnity
for costs .
judgment, he shall be entitled to recover his costs of suit, which shall
include a full indemnity for all the costs , charges , and expenses by him
expended or incurred in , about , or for the purposes of the action , unless
the Court or a Judge thereof shall direct that costs of the ordinary
amount only shall be allowed.
24. In any action which any person shall , under the provisions of A plaintiff
suing for a
this Ordinance, commence as plaintiff for or on behalf of Her Majesty penalty may
be compelled
for recovering any penalty or sum of money, if it shall be shown to the to give secu
rity for costs.
satisfaction of the Court or the Judge thereof that the person suing as
plaintiff for or on behalf of Her Majesty has no ground for alleging that
he has been aggrieved by the committing of the alleged offence in respect
of which the penalty or sum of money is alleged to have become payable,
and also that the person so suing as plaintiff is not resident within the
jurisdiction of the Court, or not a person of sufficient property to be able
to pay any costs which the defendant may recover in the action , the
Court or Judge shall or may order that the plaintiff shall give security
by the bond or recognizance of himself and a surety, or by the deposit of
a sum of money, or otherwise, as the Court or Judge shall think fit, for
the payment to the defendant of any costs which he may be entitled to
recover in the action.
25. Nothing in this Ordinance contained shall be construed to affect Act not to
affect the
the rights and privileges of the Corporation of Cutlers of the Liberty of Corporation
of Cutlers of
Hallamshire in the County of York, nor shall anything in this Ordinance Hallamshire,
nor to repeal
contained be construed in any way to repeal or make void within this 59 G. 3 c. 7.
Colony any of the provisions contained in the fifty -ninth George third,
chapter seven, intituled " An Act to regulate the Cutlery Trade in
England." fo
572 ORDINANCES No. 8 or 1863 , AND No. 1 OF 1864 .
Fraudulent Marking of Merchandise . Conversion of British Currency.
Short title. 26. The expression " The Merchandise Marks Ordinance 1863,"
shall be a sufficient description of this Ordinance.
NOTE.- Repealed as from the 1st January, 1891, by Ordinance No. 15 of 1890, sub
ject to H. M.'s right of disallowance of such Ordinance.
No. 1 of 1864.
Title. An Ordinance to provide for conversion of British Currency in
all payments by or to the Government.
[ 16th January, 1864. ]
Preamble.
HEREAS Her Majesty has been pleased to issue a Proclamation
W
dated the 9th day of January, 1863, and published in the Hong
kong Government Gazette of the 2nd day of May, 1863 , whereby it was
declared that from and after a day to be fixed by the Governor or Officer
Administering the Government of Hongkong a certain Proclamation by
Her Majesty published at Hongkong on the 1st day of May, 1845, and
so much of certain other Proclamations published at Hongkong on the
27th day of April , 1853 , and the 9th day of July , 1857 , respectively as
had effect and were in force in the said Island of Hongkong should be
revoked and annulled and that from and after the same date the dollar
of Mexico or other silver dollar of equivalent value as might from time
to time be authorized by the Governor or Officer Administering the
Government of Hongkong should be the only legal tender of payment
(except as therein directed and hereinafter recited ) within the said Island
of Hongkong and its dependencies : And that such silver coins as
might be issued from Her Majesty's Mint representing some multiple of
the cent or one hundredth part of the said dollar should be legal tender
of payment for any sum not exceeding two dollars and that such copper
or bronze coins as might be issued from Her Majesty's Mint representing
the cent or one hundredth part or the mil or cash representing one
thousandth part of the said dollar should be legal tender of payment for
any sum not exceeding one dollar : And that the silver and copper
coins to be issued from Her Majesty's Mint as aforesaid should be pre
pared as follows :
The silver pieces of money should be prepared of silver containing
twenty per cent of alloy. Every such piece should have for the obverse
ORDINANCE No. 1 OF 1864. 573
Conversion of British Currency.
impression Her Majesty's effigy crowned with the inscription " Victoria
Queen " and for the reverse impression an inscription indicating the value
of the piece in cents of a dollar with the words " Hongkong " and the
date of the year, and the same inscription repeated in Chinese characters ; I
A copper piece representing one hundredth part of a dollar should
have for the obverse impression Her Majesty's effigy crowned with the
inscription " Victoria Queen, " and for the reverse impression the in
scription " One Cent- Hongkong " with the date of the year, and the
same inscription repeated in Chinese characters ;
Another copper piece representing one thousandth part of a dollar
should be perforated in the centre and have for the obverse impression
the inscription " V.R. " surmounted by a crown with " Hongkong - One
Mil " and the date of the year, and for the reverse impression the in
scription " Hongkong-One Cash or One Mil, " represented in Chinese
characters :
And whereas no such day has been fixed by Proclamation as the
day for the purposes in Her Majesty's said Proclamation named to take
effect but such day will be named as soon as conveniently may be Now
I
be it enacted and ordained by His Excellency the Acting Governor of
1
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. From and after the day to be fixed by His Excellency the Gov After date to
be notified by
ernor or Officer Administering the Government under the power by Her Proclamation
where pay
said Majesty's Proclamation vested in him whenever British sterling has ments to or
by Govern
been or shall have been or shall be specified in any Ordinance of this ment are by
Ordinance
Colony whether as payments to be made to or by the Government of payable in
British ster
this Colony, such payments shall be made in dollars and in such mul ling same to Tr
be in dollars,
tiples of the cent and mil or cash and in cents and mils or cash as shall &c., at 4s. 2d..
be so issued from Her Majesty's Mint as aforesaid only at the rate of
four shillings and two pence to each dollar.
*
Governor's Proclamation of the 22nd January 1864. I
WHEREAS by the Order of Her Majesty in Council dated the 9th day of January 1863 , IN
a Proclamation was approved for the regulation of the currency in this Colony wherein
it was (amongst other things) declared and ordained that certain matters in the said Pro
1.
clamation contained should take effect and come into force from and after a day to be 10
fixed by the Governor or Officer Administering the Government, as by the said Proclama
I
tion reference being thereunto had will more fully appear ; and whereas the said Procla 1
P
574 ORDINANCE No. 1 OF 1864.
Conversion of British Currency.
mation was published in this Colony in the Government Gazette of the 2nd day of May,
1863 Now, therefore, I, WILLIAM THOMAS MERCER, Esquire, being the Officer Admin
istering the Government of the Colony, do hereby fix the 16th day of February now
next ensuing as the day from and after which the matters contained in the Proclamation
aforesaid shall take effect and come into force within the Colony of Hongkong.
Order and Proclamation ofHer Majesty in Council of the 9th January 1863
referred to above. ( See Gazette 2nd May 1863. )
WHEREAS by an Order in Council bearing date the 28th day of November, 1844, We
were pleased, by and with the advice of our Privy Council, to approve of the draft of a
Proclamation declaring certain coins to be a legal tender of payment within our Colony
of Hongkong at certain rates therein specified , which Proclamation was published on the
1st day of May, 1845 , at Hongkong by the Governor and Commander-in-Chief, and came
into force from that date, and whereas by an Order in Council bearing date the 16th day
of October, 1852, We were pleased, by and with the advice of our Privy Council, to
approve of the draft of a Proclamation declaring that the silver coins of our United King
dom shall not be a legal tender in payment of sums exceeding forty shillings within and
throughout our Colonies in Australia, New Zealand, Ceylon, Mauritius and Hongkong,
which Proclamation was published on the 27th day of April, 1853, at Hongkong by the
Governor, and came into force on the 1st day of October, 1853 ; And whercas by an
Order in Council bearing date the 22nd day of October, 1856 , We were pleased, by and
with the advice of our Privy Council, to approve of the draft of a Proclamation declaring
the rates at which certain gold coins called Australian Sovereigns and Half Sovereigns
which are struck at the Branch of our Royal Mint at Sydney, in New South Wales, are to
pass current in our Colonies of Ceylon, Mauritius, and Hongkong, which Proclamation
was published on the 9th day of July 1857, at Hongkong by the Governor, and came into
force from the 11th day of July, 1857.
Now We by the advice of our Privy Council have thought fit to declare and ordain
and by the advice aforesaid We do hereby declare and ordain that from and after a day to be
fixed bythe Governor or Officer Administering the Government of Hongkong by Proclama
tion the said hereinbefore recited Proclamation published at Hongkong on the 1st day of
May, 1845 , and so much of the Proclamations published at Hongkong on the 27th day of
April, 1853, and 9th day of July, 1857, respectively as have effect and are in force in the
said Island of Hongkong shall be revoked and annulled.
And We do hereby further declare and ordain that from and after the same date the
Dollar of Mexico or other silver Dollar of equivalent value as may from time to time be
authorized by the Governor or Officer Administering the Government of Hongkong shall
be the only legal tender of payment (except as hereinafter directed ) within our said Island
of Hongkong and its dependencies :
And we do hereby further ordain and declare that such silver coins as may be issued
from our Mint representing some multiple of the cent or one hundredth part of the said
ORDINANCES Nos . 1 AND 2 OF 1864 . 575
Conversion of British Currency. Mint.
Dollar shall be legal tender of payment for any sum not exceeding two dollars and such
copper or bronze coins as may be issued from our Mint representing the cent or one hun
dredth part or the mil or cash representing one thousandth part of the said Dollar shall be
legal tender of payment for any sum not exceeding one dollar :
And we do hereby further ordain and declare that the silver and copper coins to be
issued from our Mint as aforesaid shall be prepared as follows :
The silver pieces of money shall be prepared of silver containing twenty per cent of
alloy. Every such piece shall have for the obverse impression our effigy crowned , with the
inscription " Victoria Queen " and for the reverse impression an inscription indicating the
value of the piece in cents of a dollar with the words " Hongkong" and the date of the
year, and the same inscription repeated in Chinese characters .
A copper piece representing one hundredth part of a dollar shall have for the obverse
impression our effigy crowned, with the inscription " Victoria Queen ” and for the reverse
impression the inscription " One Cent Hongkong " with the date of the year, and the same
inscription repeated in Chinese characters.
Another copper piece representing one thousandth part of a dollar shall be perforated
in the centre, and have for the obverse inpression the inscription " V.R. " surmounted by
a Crown, with " Hongkong, One Mil " and the date of the year, and for the reverse im
pression the inscription Hongkong One Cash or One Mil represented in Chinese characters . 1
No. 2 of 1864.
An Ordinance for establishing a Mint in the Colony of Hongkong. Title.
[26th February, 1864. ]
E it enacted by His Excellency the Governor of Hongkong, with the advice of the
B Legislative Council thereof, as follows :
1. That a Mint be established in Hongkong on such site as the Governor or Officer Empowering the +
Governor to
Administering the Government of the Colony may approve ; that a chief officer thereof establish a Mint.
shall be appointed under the title of Master, who shall be empowered to coin silver To appoint a
Master.
coin of such weight and fineness and of such designs as may from time to time be Master to be em
powered to coin
approved by Her Majesty, from dies to be furnished by the Master of the Royal Mint silver coin.
under such regulations as may be prescribed by the Lords Commissioners of Her
Majesty's Treasury.
2. That it may be lawful for the Governor or Officer Administering the Govern Governor to
frame regula
ment of the Colony, by and with the advice of the Executive Council, to frame regulations for at
reception
tions under which the Mint shall receive silver bullion and coin the same ; and to Mint of silver
bullion, &c.
authorize the retention (without reference to any charge which may be imposed for the
expense of refining such bullion) of such proportion thereof, or of the coin struck
therefrom, by way of a Mint charge or seignorage, as shall be sufficient to defray the
expenses attending the coinage ; and to alter or amend such regulations from time to
time as may be found necessary.
576 ORDINANCE No. 2 OF 1864.
Mint.
Empowering 3. That the Master be empowered subject to the approval of the Governor or
Master to enter
into contracts, Officer Administering the Government of the Colony , to enter into such contracts and
subject to
Governor's
approval. to establish such regulatious for the orderly and convenient performance of the duties.
of the Mint as may be found necessary.
Appointing four 4. That four other principal officers of the Mint be appointed.
other principal
officers.
Superintendent 1st. The Superintendent of the Bullion Office, who shall be responsible to the
-of Bullion Office.
Master for the receipt of bullion and the delivery of coin by the Mint ; the
safe custody of the same while in charge of his department ; the faithful con
duct and accurate record of all transactions with the public, and with the
assaying, melting and coining departments of the Mint, including the store,
cash, bullion , and other account ; for the proper registering and safe custody
of documents ; and for the faithful and zealous discharge of any other duties.
which the Master may direct him to perform .
Assayer. 2nd. The Assayer who will be responsible to the Master for the correct assay of
all bullion brought to the Mint to be assayed or coined ; for the correct assay
of the bars cast for rolling and of the coin struck at the Mint ; for the records
thereof being kept with care and precision ; and for the faithful and zealous
discharge of any other duties which the Master may direct him to perform .
Superintendent 3rd . The Superintendent of the Coining Department and Machinery, who will be
of Coining De
partment and responsible to the Master for the bullion delivered into his charge by the Super
Machinery.
intendent of the Bullion Office ; for its conversion into coin of the legal weight,
properly stamped with the authorized dies ; for the safe custody and legitimate
use of the dies ; for the operations of his department being properly and
economically conducted ; for the records thereof being kept with care and
precision ; and for the faithful and zealous discharge of any other duties which
the Master or his representative may direct him to perform.
Superintendent 4th. The Superintendent of the Melting Department, who will be responsible to
of Melting De
partment. the Master for the skilful and economical direction of the operations of melting
and refining ; for the records thereof being kept with care and precision ; and
for the faithful and zealous discharge of any other duties which the Master or
his representative may direct him to perform.
Governor to 5. That all such other officers and servants of the Mint as may be necessary shall
appoint such
other officers as be appointed from time to time by the Governor or Officer Administering the Govern
may be
necessary. ment, subject to the approval and confirmation of the Secretary of State for the Colonies.
The Master to 6. That the Master shall faithfully and without unnecessary delay after the ex
make quarterly
returns. piration of each quarter prepare and forward to the Governor the following returns:
(1.) Weight of silver bullion received from the public by the Bullion Office ;
(2. ) Weight melted previous to assay;
(3. ) Weight assayed and valued, and value thereof ;
(4.) Weight refined ;
(5.) Weight and value of uncoined bullion re- issued, and amount charged
for melting, assaying, and refining ;
!
1
H
ORDINANCE No. 2 OF 1864. 377
Mint.
(6. ) Weight of each description of coin produced ;
(7.) Weight of each description of coin delivered to the public, and the
amount, if any, charged for coining ;
(8. ) Copy of the reports of the assay of coin ;
(9. ) Number and description of dies received or completed during the quarter, T
1
I
of dies worn out, of dies effectually defaced, and of serviceable dies in hand.
( 10. ) A return , shewing the waste during the quarter, distinguishing the I
waste arising in melting, in refining, in coining, and in assaying. ;
And he shall forward any other returns which the Governor or Officer Administering And any other
returns required
the Government of the Colony may require. by the Governor.
1
7. That with a view to ensure the careful observance of the standard in the coin the Specimen pieces B
to be taken at
uncertain times
Governor or Officer Administering the Government ofthe Colony shall cause to be taken in each quarter, I
and forwarded
at uncertain times during each quarter from amongst the coins issued at the Mint to to Master of the
Royal Mint in
the public without preference in the selection, specimen pieces, and that such specimens London for
examination.
shall be forwarded from time to time to the Master of the Royal Mint in London for
such examination as the Lords Commissioners of Her Majesty's Treasury may direct .
8. That the Governor or Officer Administering the Government of the Colony Quarterly survey
to be held ofthe
shall direct a Board of Government officers not less than threein number, to assemble at bullion and coin
in the Mint.
the Mint at the expiration of each quarter for the inspection of the store of bullion
and coin in the Mint, and report on the same to him , stating the exact amounts of
the balance of each description verified by them .
9. That the salaries specified as under shall be added to the civil list : Salaries to le
added to civil
Per Annum. list.
The Master of the Mint, ... . $6,720.
The Superintendent of the Bullion Office, …………. .. $ 3,840.
The Assayer,.. $3,840.
The Superintendent of the Coining Department, .....$ 3,840 .
The Superintendent of the Melting Department, .....$ 3,840 .
10. That such other officers and servants of the Mint as may be appointed shall Salaries of other
officers to be
fixed by the
be paid such salaries as may be fixed by the Governor or Officer Administering the Governor and
placed on the
Government of the Colony, with the approval of the Secretary of State, and that such Annual
Estimates.
salaries shall be borne on the Annual Estimates.
[ Repealed by Ordinance No. 4 of 1887. ]
NOTE.- For Regulations as to the receipt of bullion &c., of the 11th December 1865,
see Gazette 23rd December 1865.
For Regulations ofthe 20th April 1866 modifying the former, see Gazette 21st
of the same month.
For Further Rules of the 2nd May 1866, see Gazette 5th of the same month.
And for Proclamation by the Governor of the 15th September 1866 as to legal
tender ofthe Mint dollar and half dollar, see Gazette of the same date.
For Regulations for the issue of silver coin of the 20th October 1866, see Gazette
12th January 1867.
The Mint has long ceased to exist.
578 ORDINANCE No. 3 OF 1864.
Revenue.
No. 3 of 1864.
Title. An Ordinance to authorize the appropriation of a Supplementary Sum
not exceeding One hundred and fifty -two thousand Dollars to defray
the Charges of the Year 1863.
[ 29th March, 1864. ]
Preamble. HEREAS it has become necessary to make further provision for the public service
W " of the Colony for the year 1863, in addition to the charge upon the revenue for
the service of the said year already provided for in the Estimates submitted to the Legis
lative Council : Be it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows : --
Supplementary 1. A sum not exceeding one hundred and fifty-two thousand dollars shall be, and
Estimates, 1863,
the same is hereby, charged upon the revenue of this Colony for the service of the year
1863, and the said sum so charged shall be expended as hereinafter specified , that is to
say :
ESTABLISHMENTS : : $ c.
Colonial Secretary , 1,428.87
Colonial Treasurer, 628.32
Surveyor General, 1,123.64
Postmaster General, 3,204.16
Registrar General, 108.00
Harbour Master, ...... 189.66
Police and Lighting Rate Collector, ……………
. 140.00
Supreme Court, 102.75
Summary Jurisdiction Court, ....... 120.00
Educational, ........ 355.34
Medical, 474.98
Police, 1,479.55
Gaols, 4,076.83
TOTAL ESTABLISHMENTS ,......... 13,432.10
PENSIONS , RETIRED ALLOWANCES AND GRATUITIES , 160.00
REVENUE SERVICES , exclusive of Establishments , 240.00
ADMINISTRATION OF JUSTICE, do. , 1,173.95
HOSPITALS , do., 1,411.67
POLICE, do. , 19,327.23
GAOLS , do., 30,975.93
RENT, ............ 190.00
TRANSPORT, ......
………….. 1,508.40
CONVEYANCE OF MAILS , 900.77
WORKS AND BUILDINGS, 53,341.26
ROADS, STREETS , AND BRIDGES , 20,633.82
MISCELLANEOUS SERVICES, 1,101.64
SPECIAL EXPENSES , & c ., 6,752.80
MINT, exclusive of Establishments, 621.08
TOTAL, ........ $ 151,770.65
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 4 OF 1864 . 579
Neutrality.
No. 4 of 1864 .
An Ordinance to give effect to Her Majesty's Regulations for the Title.
observance of Neutrality during the existing hostilities between the
United States and the States calling themselves the Confederate
States of America .
[ 29th March, 1864. ]
H
HEREAS Her Majesty has expressed her full determination to observe the Preamble.
W 1
duties of neutrality during the existing hostilities between the United States
and the States calling themselves the Confederate States of America and has resolved
to prevent as far as possible the use of Her Majesty's harbours, ports and coasts and
the waters within Her Majesty's territorial jurisdiction in aid of the warlike purposes
of either belligerent ; And whereas in furtherance of such Her Majesty's determina
tion so expressed as aforesaid Her Majesty has (amongst other things) caused it to be
notified and published that no ship of war or privateer of either belligerent should be
permitted while in any port, roadstead or waters subject to the territorial jurisdiction
of Her Majesty to take in any supplies except provisions and such other things as
might be requisite for the subsistence of her crew, and except so much coal only as
would be sufficient to carry such vessel to the nearest port of her own country or to :
some nearer destination and that no coal should be again supplied to any such ship of
war or privateer in the same or any other port, roadstead or waters subject to the
territorial jurisdiction of Her Majesty without special permission, until after the
1
expiration of three months from the time when such coal should have been last supplied
to her within British Waters as aforesaid ; And whereas the circumstances of this &
I
Colony are such as to render it necessary in order to give full effect to Her Majesty's 1
intention as aforesaid that recourse be had to local enactment : Be it therefore
enacted and ordained by His Excellency the Governor of Hongkong by and with the
advice of the Legislative Council thereof as follows :
1. Whosoever shall furnish or supply, or shall contract or agree to furnish or Furnishingarius,
ammunition,
supply, or shall knowingly aid or assist in furnishing or supplying, or shall knowingly &c., to ships of
war, &c., ofeither
belligerent
cause or procure to be furnished or supplied, to any ship of war or privateer of the whilst in the
waters of this
United States of North America or of the States calling themselves the Confederate Colony or within
a distance of
States of America , whilst such ship of war or privateer is within the waters of this five miles to be
deemed a mis
demeanor.
Colony or within any distance from this Colony, not exceeding five miles, any arms,
ammunition, gunpowder or naval or military stores, or shall put on board or shall
contract or agree to put on board , or shall aid or assist in putting on board, or shall
cause or procure to be put on board of, any vessel, boat, sampan or other craft, any
arms, ammunition, gunpowder or naval or military stores with the intent and design
that the same may be conveyed to any such ship of war or privateer as aforesaid, I
whilst such ship of war or privateer shall be in the waters of this Colony aforesaid or
within the distance from this Colony aforesaid shall be guilty of a misdemeanor and
being convicted thereof shall be liable at the discretion of the Court to be imprisoned
for any term not exceeding two years.
580 ORDINANCES Nos . 4 AND 5 OF 1864 .
Neutrality. Bankruptcy and Insolvency.
Furnishing coals, 2. Whosoever shall, without the leave or licence of the Governor, for that pur
&c., to ships of
war, &c., of
either belliger pose first had and obtained, furnish or supply, or contract or agree to furnish or
ent whilst in
the waters of supply, or knowingly aid or assist in furnishing or supplying, or knowingly cause or
this Colony or
within a distance procure to be furnished or supplied, to any ship of war or privateer of the United
offive miles
without the States of North America or of the States calling themselves the Confederate States of
licence of the
Governor to be
deemed a mis America, whilst such ship of war or privateer is within the waters of this Colony or
demeanor . within any distance from this Colony not exceeding five miles, coal or other article, or
shall, without such leave or licence as aforesaid put on board or contract or agree to
put on board or aid or assist in putting on board, or cause or procure to be put on
board of any vessel, boat, sampan or other craft any coal or other article with the
intent and desigu that the same may be conveyed to any such ship of war or privateer
as aforesaid whilst such ship of war or privateer shall be in the waters of this Colony
aforesaid or within the distance from this Colony aforesaid shall be guilty of a mis
demeanor and being convicted thereof shall be liable at the discretion of the Court to
be imprisoned for any term not exceeding two years.
Interpretation 3. In the construction , and for the purposes of this Ordinance, the term " other
clause.
article," as used in the second section hereof, shall apply to, and comprehend, all
articles other than and except arms, ammunition, gunpowder and naval and military
stores.
[ Repealed by Ordinance No. 4 of 1887. ]
No. 5 of 1864.
Title. An Ordinance to amend the Law of Debtor and Creditor.
[ 16th April, 1864. ]
Preamble.
WHEREAS it is expedient to amend the laws relating to persons
[See Ordi who are unable to meet their engagements : Be it therefore
nances No. 15
of1867 & No. enacted and ordained by the Governor of Hongkong, with the advice of
9 of 1882. ]
the Legislative Council thereof, in manner following :
When to 1. This Ordinance unless where otherwise specially provided shall
commence
and how to commence and take effect from the first day of July next, and may be
be cited.
cited as " The Bankruptcy Ordinance, 1864. "
Ordinances 2. The Ordinance No. 3 of 1846 for the relief of insolvent debtors
No. 3 of 1846 ,
No. 5 of 1846, within the Colony of Hongkong, Ordinances No. 5 of 1846, and No. 2 of
and No. 2 of
1849, 1849 , respectively amending the first mentioned Ordinance, are hereby
repealed.
Proviso. repealed : Provided that every petition or proceeding which shall have
been presented or commenced under the said Ordinance, before the pass
ing of this Ordinance, shall be carried on and concluded in the same
manner as if this Ordinance had not been passed : and that every offence
ORDINANCE No. 5 OF 1864 . 581
Bankruptcy and Insolvency.
which shall have been wholly or partly committed before the commence
ment of this Ordinance, shall be dealt with as if this Ordinance had not
been passed and that every act duly done , and every adjudication ,
appointment, order , discharge, warrant or other instrument duly made or
granted before the passing of this Ordinance shall continuc and be of the
same force and effect as if this Ordinance had not been passed : and that
no right which has arisen or may arise in respect of anything duly done
under the said Ordinance shall be affected by this Ordinance : and that
where any act of bankruptcy, petitioning creditors debt, imprisonment
or any other matter or thing whatsoever shall have taken place in whole
or in part before the commencement of this Ordinance, but no proceeding
shall have been had or taken in respect thereof before the commencement
of this Ordinance, every proceeding in respect thereof may be had or
taken under the provisions of this Ordinance, in the same manner as if
the same had taken place after the commencement of this Ordinance.
3. This Ordinance shall apply to all persons of full age in the Colony Ordinance to
apply to all
of Hongkong whether traders or non -traders , except as hereinbefore adults .
ordained .
4. The Supreme Court shall have jurisdiction in bankruptcy under Supreme
Court to have
this Ordinance, and the Chief Justice when sitting in bankruptcy shall jurisdiction
in bank
have all the powers, rights and privileges which are now exercised or ruptcy.
enjoyed by him, except where this Ordinance otherwise specially provides .
5. The provisions contained in section 33 * of the Ordinance No. 7 of Section 33 of
Ordinance
1862 , relating to the power of the Judge of the Court of Summary No. 7 of 1862
incorporated
Jurisdiction to preside in the Supreme Court shall be deemed and taken with this
Ordinance .
to be applicable to the Supreme Court exercising jurisdiction in bank [*See Ordi
nance No. 14
ruptcy, and to have in all respects the same force and effect as if they had of 1873. ]
been specially inserted herein.
6. The Registrar of the Supreme Court shall be the Official Assignee Registrar of
Supreme
under this Ordinance . Court to be
Official
Assignee. t
As to General Orders. [See Ordi
nances No. 15
of 1867 and
No. 9of 1882.]
7. The Chief Justice may, with the advice and approval of the Purposes for
which
Legislative Council , frame General Orders for the following purposes : General
Orders to be
(1. ) For regulating the practice and procedure of the Court and the framed. 1
several forms of petitions, orders , and other proceedings to be used in the
said Court in all matters under this Ordinance.
582 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
( 2. ) For regulating the duties of the various officers of such Court .
(3. ) For regulating the fees payable and the charges and costs to
be allowed with respect to all proceedings before such Court.
(4. ) For regulating the filing , custody and inspection of records .
( 5. ) For regulating the custody of unpaid dividends .
(6. ) And generally for carrying the provisions of this Ordinance
into effect, and for appointing the sittings of the Court.
Proviso.
Provided always that if any case should arise which shall not have
been expressly provided for by such General Orders, but for which provision
has been made by the General Orders framed in pursuance of " The
Bankruptcy Act , 1861 , " the Chief Justice may in his discretion apply to
such case any of the General Orders so framed as last aforesaid .
Alteration 8. After such General Orders shall have been so framed, they or any
of General
Orders. of them may in like manner be rescinded or varied, and other General
Orders may be framed in manner as aforesaid.
As to the Definition and Explanation of Terms.
Interpreta 9. The terms and words hereinafter enumerated or explained
tion of terms .
wheresoever occurring in this Ordinance shall be understood as herein
after defined or explained, unless it be otherwise specially provided , or
there be something in the subject or context repugnant to such definition
or explanation , that is to say :
"Annulling." " Annulling " shall mean also " Superseding . "
" Assignee." " Assignee " shall mean the assignee of the estate and effects of
See Ord. No.
9 of 1882.] the bankrupt or petitioner, chosen by the creditors , and until such
assignee shall be chosen , or where no such assignee, shall mean the
Official Assignee .
(6
“ Bankrupt. ” Bankrupt " shall mean any person who shall have been under any
former Ordinance adjudged insolvent or who shall be under the provisions
of this Ordinance, adjudicated bankrupt.
66
" Adjudi Adjudication " shall mean adjudication of bankruptcy.
cation."
" Court." " The Court " shall mean the Supreme Court exercising jurisdiction
in bankruptcy.
46'Registrar."
" The Registrar " shall mean the Registrar of the Supreme Court
exercising jurisdiction in bankruptcy.
ORDINANCE No. 5 OF 1864 . 583.
Bankruptcy and Insolvency.
(( "Creditor."
Creditor " shall mean also any two or more persons being partners ,
and incorporated and joint stock companies .
"Creditors present at any meeting " shall include creditors who are " Creditors
present at
represented by some person duly authorised by any such creditor. any meeting."
"Gaoler " shall include the Keeper or Superintendent of any gaol or " Gaoler."
prison .
" Oath, " " Affidavit," shall mean and include the declaration or " Oath, "
"Affidavit."
affirmation ofany person whom any Act of Parliament or local Ordinance
·
shall have authorised to make such declaration or affirmation in lieu of
an oath.
" Petitioning Creditor " shall mean the creditor who filed the petition " Petitioning
Creditor. "
for adjudication .
.."Property. "
" Property " shall mean and include all the real and personal estate
and effects of the petitioner or bankrupt , except as herein provided, and
all the future estate, right , title, interest, and trust of such petitioner or
bankrupt in or to any real or personal estate and effects which may revert,
descend , be devised or bequeathed or come, and all debts due or to be due, 2
to him before he shall have obtained his discharge .
6. Prisoner."
" Prisoner " shall mean any person in actual custody within the walls
of any prison in Hongkong for any debt, damages , costs, sum or sums of
money, or for any contempt by reason of non- payment of any sum or
P
sums of money or costs .
In all cases in which any particular number of days is prescribed by Computation
of time.
this Ordinance or shall be mentioned in any Rule or Order of Court which
shall at any time be made under this Ordinance for the doing of any act,
or for any other purpose, the same shall be reckoned , in the absence of
any expression to the contrary, exclusive of the first, and inclusive of the
last day, unless the last day shall happen to fall on a Sunday, Christmas
Day, Good Friday, Monday or Tuesday in Easter Week, or on a day
appointed for a public fast or thanksgiving , in which case the time shall
be reckoned exclusive of that day also .
Words importing the singular number or the masculine gen only, Number and
gender.
shall be understood to include several matters as well as one matter, and
several persons as well as one person , and bodies corporate as well as 1
individuals, and females as well as males ; and words importing the plural
number shall be understood to apply to one matter as well as to more than .
one, and to one person as well as more than one.
584 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
As to acts of Bankruptcy.
Departing the 10. If any debtor shall, with intent to defeat or delay his creditors,
Colony.
depart from this Colony, or, being out of this Colony, shall , with such
intent , remain away from the Colony for more than twelve months after
Departing the passing of this Ordinance , or shall, with such intent, depart from his
from his
house. dwelling house or otherwise absent himself or begin to keep his house or
Beginning to
keep his suffer himself to be taken in execution for any debt not due . or yield
house.
Yielding himself to prison or procure himself to be arrested or taken in execution ,
himself to
prison. or his goods, money, or chattels to be attached or taken in execution, or
Fraudulent shall with such intent within this Colony or elsewhere , make any fraud
surrender of
his property. ulent conveyance, gift, delivery or transfer of his real or personal property
or any part thereof respectively, such debtor shall in any such case be
deemed to have committed an act of bankruptcy : Provided always that
before any adjudication shall be made against such debtor under this
section the following rules shall be observed :
Rules to be (1. ) A copy of the petition for adjudication shall be served personally
observed
before adjudi
cation under on the debtor, either within the jurisdiction , or in such place or country,
this section. or within such limits abroad as the Court shall upon application for that
purpose direct.
(2. ) Such copy ofpetition shall have endorsed thereon , a memorandum
in a form to be settled by General Order, specifying the time within which
the debtor is to appear on such petition : and such time shall , when the
service is to be made out of this Colony , be the time which the Court shall
think reasonable, having regard to the place or country where the service
is to be made.
( 3. ) In no case shall the time for appearance be less than fifteen days
after service.
( 4. ) If such personal service be not effected , the Court must be
satisfied that every reasonable effort was made to effect the same, and that
the attempts to serve such petition came to the knowledge of the debtor
and were defeated by his conduct.
Compounding 11. If any debtor, after the filing of any petition for adjudication
with petition
ing creditor. against him , shall pay money to the petitioning creditor or give or deliver
to such petitioning creditor any satisfaction or security for his debt
or for any part thereof, whereby such petitioning creditor may receive
more in the pound in respect of his debt than the other creditors , such
payment, gift, delivery, satisfaction or security shall be an act of bank
ORDINANCE No. 5 OF 1864 . 585
Bankruptcy and Insolvency.
ruptcy ; and, if any adjudication shall have been made upon such petition ,
the Court may either declare such adjudication to be valid and direct the
same to be proceeded in ; or may order it to be annulled and a new petition
for adjudication to be filed, which may be supported either by proof of
such last mentioned or any other act of bankruptcy.
12. The filing of a petition by a debtor for relief as an insolvent Petitions for
adjudication
debtor, after the passing of this Ordinance in any Court having jurisdic- out of this
Colony.
tion for the relief of insolvent debtors in any of Her Majesty's Dominions ,
colonies, or dependencies , shall be evidence of an act of bankruptcy com
mitted by the debtor at the date of such petition ; and the filing of a
petition , in any of the said Courts, after the passing of this Ordinance
against a debtor for adjudication of insolvency, or bankruptcy, followed
by such an adjudication shall together with such adjudication be evidence
of an act of bankruptcy committed by the debtor at the date of the filing
of such petition .
13. If any debtor, having been arrested or committed to prison for Lying in or
escaping out
debt, or on any attachment for non -payment of money, shall, upon such of prison.
or any other arrest, or commitment for debt, or non -payment of money,
or upon any detention for debt lie in prison fourteen days , or having been
arrested for any cause shall lic in prison as aforesaid after any detainer for
debt lodged against him and not discharged ; every such debtor shall
thereby be deemed to have committed an act of bankruptcy from the time
of such arrest, commitment or detainer : or , if any such debtor having
been arrested , committed or detained for debt shall escape out of prison or
custody, every such debtor shall be deemed to have committed an act of
bankruptcy from the time of such arrest, commitment or detention : but
no debtor shall be adjudged bankrupt on the ground of having laid in
prison as aforesaid, unless having been summoned he shall not offer such
security for the debt or debts in respect of which he is imprisoned or
detained as the Court shall see fit : and when such debtor is in custody
such summons shall be delivered to the person in whose custody he is ,
who shall bring him up according to the summons, at the cost of such
person as the Court shall determine .
14. If the goods or chattels of any debtor be seized and sold under Debtor suffer
ing execution
an execution issued in any action for the recovery of any debt or money to be levied
on his goods.
demand exceeding three hundred dollars, such debtor shall be deemed to
have committed an act of bankruptcy from the date of the said seizure ;
586 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
but the execution creditor shall be entitled to the proceeds of the sale
notwithstanding such act of bankruptcy : Provided that if the debtor be
adjudged a bankrupt within fourteen days from the day of such sale the
proceeds of such sale shall be paid by the creditor to the assignee under
the bankruptcy, after deducting the costs and expenses of the sale and of
the action and execution upon which such sale was grounded , and such
sum may be recovered by the assignee from the execution creditor as if it
were a debt due to the bankrupt's estate.
No person 15. No person shall be liable to become bankrupt by reason of any act
liable on act
of bankruptcy of bankruptcy committed more than twelve months prior to the filing of
committed
more than any petition for adjudication against him, and no adjudication shall be
twelve
months before deemed invalid by reason of any act of bankruptcy prior to the debt of the
the filing of
petition. petitioning creditor : Provided there be a sufficient act of bankruptcy
subsequent to such debt.
Debtor 16. If any debtor petition for adjudication against himself, under
petitioning
against this Ordinance, otherwise than in forma pauperis he shall be deemed to
himself.
have committed an act of bankruptcy at the time of filing such petition.
Court may
summon 17. The Court, before adjudication, may summon before it any person
witnesses
whom such Court shall believe capable of giving any information con
before
adjudication. cerning any act of bankruptcy committed by the person against whom
any petition for adjudication has been filed , and may require any person
so summoned to produce any books, papers, deeds, writings and other
documents in his custody , possession or power, which may appear to the
Court to be necessary to establish such act of bankruptcy and the Court.
may examine any such person, upon oath, by word of mouth , or inter
rogatories in writing, concerning such act of bankruptcy.
Debtor
18. Every debtor who shall petition in formâ pauperis under this
petitioning in
forma pau Ordinance shall, if adjudged bankrupt, be deemed to have committed an
peris.
act of bankruptcy at the date of his commitment or detention as the case
may be.
As to acts of Bankruptcy by non-payment after Judgment Debtor Summons,
and the Proceedings thereon.
Judgment 19. Any judgment creditor entitled to sue out against a debtor a
creditor may
sue out sum writ of capias ad satisfaciendum, or to charge the debtor in execution in
mons.
respect of any debt amounting to three hundred dollars, exclusive of
costs, shall, upon filing an affidavit of debt in the Court, and at the end
ORDINANCE No. 5 OF 1864 . 587
Bankruptcy and Insolvency.
of one week from the signing of judgment, be entitled to sue out against
a debtor whether he be in custody or not a summons, to be called a judg
ment debtor summons , requiring him to appear and be examined re
specting his ability to satisfy the debt .
20. If after the commencement of this Ordinance an order of any If order of any
Court direct
Court having power to direct the payment of money by way of costs or ing payment
of money he
otherwise be made ordering the payment of any sum amounting to three disobeyed ,
the person
hundred dollars upon a certain day, and such order be disobeyed the entitled to the
money may
same having been duly served upon the debtor, the person, entitled to sue out judg
ment debtor
receive the money, or interested in enforcing payment of it, may, after summons .
seven days from the day of payment mentioned in the said order, sue out
against the debtor a judgment debtor summons.
Judgment to
21. The judgment debtor summons shall issue out of the Court, and be given after
must be a summons in respect of a judgment given after the passing of the passing
of this Ordi
this Ordinance. nance.
22. When the debtor is in the Colony of Hongkong the summons Summons to
be served per
shall be served personally, unless the Court shall in any case direct that sonally.
service in some other manner shall be good.
Service of
23. When the debtor is not in the Colony of Hongkong, the Court , summons out
upon such evidence as shall satisfy it that the service will be effectual to of the Colony.
give notice to the debtor, may order service to be made in such manner
and form as it shall see fit, and shall appoint a time by such order for
the appearance of the debtor.
24. Where the debtor is in custody a duplicate of the summons Duplicate of
summons.
shall be delivered to the sheriff, gaoler or other person in whose custody
he is ; who shall bring him up according to the summons at the cost of
the summoning creditor.
25. If service of the summons be not effected and the Court is Insertion of
notice in
satisfied that the debtor is keeping out of the way to avoid service, it may Hongkong
Government
order that one or more notices be inserted in the Hongkong Government Gazette.
Gazette and in such other newspaper or newspapers as the Court may
direct, requiring him to appear on a day named , being not less than
fourteen days after the publication of the first notice.
26. Upon the appearance of the debtor he may be examined on Examination
of debtor.
oath, by or on behalf of the creditor, and by the Court, respecting his
ability to satisfy the debt, and for the discovery of property applicable in
588 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
that behalf, and shall be bound to produce, on oath , or otherwise , such
books, papers and documents in his possession or power, relating to
property applicable or alleged to be applicable to the satisfaction of the
debt, as the Court shall see fit, and to sign his examination when reduced
to writing.
Court may 27. If after service of such summons or due notice thereof as afore
adjudge such
debtor bank said, the debtor shall not pay the debt and costs , or secure or compound
rupt.
for the same to the satisfaction of the creditor, the Court may, on the
appearance of the debtor, or if he shall not appear having no lawful
impediment allowed by the Court, adjudge him bankrupt, without the
presentation of a petition for adjudication or other proceeding ; and where
the debtor has not appeared , notice of such adjudication shall be served
upon him in like manner as herein provided with respect to service of the
summons .
Debtor to be 28. The debtor shall be allowed seven days from such notice or
allowed seven
days to show such further time as the Court shall think fit, for appearing to show
cause against
adjudication. cause against the adjudication , and if he appear within the time allowed,
and show sufficient cause, the adjudication may be annulled ; otherwise,
at the end of the time allowed, or on the judgment of the Court against
the sufficiency of the cause shown , the adjudication shall become absolute,
and notice thereof shall be forthwith given in the Hongkong Government
Gazette, and in such other newspapers as the Court may direct, and the
adjudication shall have relation back to the service of the summons or
the insertion of the first notice in the Hongkong Government Gazette as
the case may be.
How debtor 29. If any debtor, who shall be summoned on a judgment debtor
refusing to be
sworn to be summons, shall refuse to be sworn or shall refuse to answer any lawful
dealt with.
question put by the Court or shall not fully answer any such question to
the satisfaction of the Court, or refuse to produce such books , papers and
documents in his possession or power relating to any of the matters
under enquiry as the Court shall think fit , or shall refuse to sign his
examination when reduced into writing, the Court may by warrant
commit such debtor to such prison as the Court shall think fit , there to
remain until he shall have conformed to the order of the Court.
Debtor to be 30. Except as is herein specially provided, the debtor , personally ,
subject to
order of and all his estate and effects real and personal, shall, upon the issuing of
Court.
such judgment debtor summons, be subject to the order and direction of
ORDINANCE No. 5 or 1864. 589
Bankruptcy and Insolvency.
the Court in the same manner as if a petition for adjudication had been
filed by a creditor against such debtor under this Ordinance.
31. Any debtor, unable to meet his engagements, may petition for Debtor may
petition
adjudication against himself, and such petition shall be supported by the against him
self.
oath of the petitioner and shall be filed of record and prosecuted in the
.
Court; and the debtor, so petitioning, personally, and all his estate and
effects real and personal , shall upon the filing of such petition be subject
to the order and direction of the Court ; and in the case of a petition for
adjudication filed by such debtor, the computation of debts shall be
reckoned , in the same manner as is provided under this Ordinance , in the
case of a petition for adjudication filed by a creditor .
32. Every such debtor shall , within three days or within such Debtor to
del to
further time as the Court shall think reasonable, deliver in to the Court a Court sched
ule of all his
schedule containing a full and fair description of such debtor , as to his goods, &c.
name, trade, or profession , together with the last usual place of abode of
such debtor, and the place or places where he has resided during the
time when his debts were contracted : and also a full and true description
of all debts due or growing due from such debtor , at the time of the filing
his petition ; and of all and any person and persons to whom such debtor
shall be indebted, or who to his knowledge or belief shall claim to be his
creditors , together with the nature and amount of such debts and claims
respectively, distinguishing such as shall be admitted , from such as shall
be disputed, by his debtor : and also a full, true and perfect account of
all the estate and effects of such debtor, real and personal, in possession ,
reversion, remainder or expectancy : and also of such places of benefit or
advantage held by such debtor, whether the emoluments of the same arise
from fixed salaries , or from fees , or otherwise : and also of all pensions
and allowances of the said debtor , in possession or reversion or held by
any other person or persons for or on behalf of the said debtor, or of, and
from which the said debtor derives or may derive any manner of benefit
or advantage : and also of any rights and powers of any nature and kind
whatsoever which such debtor, or any person or persons in trust for such
debtor, or for his use , benefit or advantage , in any manner whatsoever,
shall be seized or possessed of, or interested in , or entitled unto , or which
such debtor or any person or persons in trust for him or for his benefit
or advantage shall have any power to dispose of, charge or exercise for
the benefit of the said debtor : together with a full , true and perfect
account of all the debts at the time of the filing of his petition due or
590 ORDINANCE No. 5 of 1864 .
Bankruptcy and Insolvency.
growing due to such debtor, or to any person or persons in trust for him
or for his benefit or advantage , either solely or jointly with any other
person or persons : and the names and places of abode of the several
persons from whom such debts shall be due or growing due, and of the
witnesses who can prove such debts, so far as such debtor can set forth
the same : and the said schedule shall also contain a balance sheet of so
much of the receipts and expenditure of such debtor, and of the items
composing the same as shall be at any time required by the said Court in
that behalf and also shall fully and truly describe the wearing apparel,
bedding and other necessaries of such debtor, and his or her family, and
the working tools and implements of such debtor, not exceeding in the
whole the value of one hundred dollars, which may be excepted by such
debtor from the operation of this Ordinance, together with the value of
such excepted articles respectively: and the said schedule shall be
subscribed and verified on oath by such debtor , and shall forthwith be
filed in the said Court together with all books, papers , deeds and writings
in any way relating to such debtor's estate or effects, in his or her
possession , or under his or her custody or control .
Court may 33. The Court may upon proof of the filing of such schedule adjudge
adjudge such
debtor bank the debtor, bankrupt, or may adjourn the adjudication of such debtor.
rupt.
Debtors in 34. Every debtor who shall present a petition for adjudication
prison to give
notice to whilst a prisoner in prison , shall by writing give notice to the keeper of
gaoler before
presenting such gaol or prison of his intention so to do, and shall in his petition
petition.
state that such notice has been given .
Debtors not 35. If any debtor petitioning against himself shall not obtain
obtaining
adjudication adjudication within seven days after filing such petition , the Court may
may be
adjudged proceed to adjudge the debtor bankrupt on the petition of any competent
bankrupt on
petition of creditor .
competent
creditor.
As to Pauper and other Prisoners for Debt.
Debtor unable 36. If any debtor, now being, or who shall be imprisoned for any
to pay may
petition in debt or demand , shall through poverty be unable to petition the Court
formâpan
peris. for adjudication against himself in manner hereinbefore mentioned , he shall
be at liberty to petition in formâ pauperis, upon making an affidavit that
he has not the means of paying the fees and expenses usually payable in
respect of a petition for adjudication by a debtor. Such affidavit may be
ORDINANCE No. 5 OF 1864. 591
Bankruptcy and Insolvency.
sworn before the gaoler of the prison where such debtor is confined , and Gaoler to
swear such
such gaoler is hereby empowered and required to take such affidavit and
swear the deponent thereto without fee or reward .
Petitioner to
37. Every person so petitioning in formâ pauperis as aforesaid ,
be brought
shall be brought up to the Court, at its next sitting after the presenta up for ex
amination.
tion of such petition , and shall be examined by the Court touching his
estate and effects , debts , dealings and transactions : and , if the Court shall
be satisfied with such examination , it shall make an order of adjudica
tion against the petitioner, and , if it think fit, may make an order for his
release from prison .
38. Every adjudication against any debtor for debt , so brought up Adjudication
to have
as aforesaid shall, unless the Court shall otherwise direct, have relation relation back
to date of
back to the date of his commitment or detention as the case be : and the commitment.
P
debtor so petitioning in formâ pauperis personally, and all his estate and
I
effects , real and personal, if he has any, shall upon the filing of such
petition be subject to the order and direction of the Court in the same
manner as is provided by this Ordinance in the case of a debtor unable to
meet his engagements .
39. If any such debtor shall refuse to be sworn , or to answer any Debtor refus
ing to be
lawful question of the Court or of any creditor respecting his debts , liabil sworn.
ities , dealings and transactions , or to make a full discovery of his estate
and effects, and of all his books of account, or to produce the same , or to
sign his examination when taken , the Court may by warrant commit him
to gaol, there to be kept , with or without hard labour , for any time not
exceeding one month, and the Court may at the same time adjudge such
person bankrupt. Provided that , if after such adjudication the bankrupt Proviso.
shall, before the period of such commitment has expired , submit to be
examined, and in all things conform to the jurisdiction of the Court , he
I
shall have in all respects the same benefits as if he had submitted to the
Court in the first instance.
As to Petitions by Creditors.
40. Any creditor , whose debt is sufficient to entitle him to petition Creditor may
petition for
under this Ordinance, may petition for adjudication against a debtor, and adjudication.
such petition shall be supported by the oath of the petitioner, and shall
be filed of record and prosecuted in the Court as directed by this
:
Ordinance and from and after the filing of such petition the said Court
592 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
Court to have shall have full power and authority to take such order and directions
power over
body and pro with the body of the debtor as is mentioned in this Ordinance , as also
perty of
debtor. with all his lands, tenements and hereditaments, which he shall have in
his own right before adjudication , as also with all such interest in any
such lands, tenements and hereditaments as such debtor may lawfully
depart withal and with all his monies, fees , offices, annuities, goods,
chattels, wares , merchandize and debts and to make or order sale thereof
in manner herein mentioned , or otherwise order the same for satisfaction
and payment of the creditors of the bankrupt.
Amount of 41. To entitle any creditor to petition for adjudication against a
petitioning
creditors debtor, the amount of the debt of such creditor shall be as follows , that
debts.
is to say :
The debt of a single creditor or of two or more persons , being
partners, shall amount to three hundred dollars or upwards.
The debt of two creditors shall amount to four hundred dollars or
upwards.
The debt of three or more creditors shall amount to five hundred
dollars or upwards.
Every person who has given credit to any debtor upon valuable
consideration for money payable at a certain time, which time shall not
have arrived when such debtor committed an act of bankruptcy, may so
petition or join in petitioning, whether he shall have any security for
such sum or not.
If petition 42. If the debt , stated by the petitioning creditor in his affidavit ,
filed fraudu
lently or mali or in his petition for adjudication , to be due to him from any debtor, shall
ciously, how
to be dealt not be really due, or, if after a petition for adjudication be filed , it shall
with.
not have been proved that the person against whom such petition has
been filed, was liable to an adjudication at the time of the filing of such
petition , and it shall also appear that such petition was filed fraudulently
or maliciously, the Court shall and may, upon petition of any person
aggrieved by such petition , examine into the same, and order satisfaction
to be made to him for the damages by him sustained .
Computation 43. In the computation of debts for the purposes of any petition
of debts.
under this Ordinance there shall be reckoned as debts
( 1. ) Sums due to creditors holding mortgages , or other available
securities, or liens , after deducting the value of the property comprised
in such mortgages , securities or liens .
ORDINANCE No. 5 OF 1864 . 593
Bankruptcy and Insolvency.
(2. ) Such interest and costs as shall be due in respect of any of the
debts .
But there shall not be reckoned
( 1. ) The amount of any debt in respect of which the petitioner has
already been adjudged entitled to have the benefit of the Ordinance No.
3 of 1846 .
(2. ) Debts barred by any Statute of Limitations .
44. Any creditor, whose debt is sufficient to entitle him to petition Creditor,
whose debt is
for adjudication against all the partners of any firm, may petition for sufficient to
entitle him
such adjudication against one or more partners of such firm ; and every to petition
against all the
such petition shall be valid , although it does not include all the partners partners of a
firm , may
of the firm ; and in every petition for adjudication against two or more petition
against one:
persons , the Court may dismiss the same, as to one or more of such and the Court
may dismiss
persons, and the validity of such petition shall not be thereby affected as petitions.
to any person as to whom such petition is not ordered to be dismissed ,
nor shall any such person's discharge be thereby affected .
45. If the petitioning creditor shall not proceed and obtain adjudica Where peti
tioner does
tion within three days after his petition shall have been filed , or within not proceed.
such time as shall be allowed by the Court, the Court may at any time
.
on the expiration of such three days, or of such extended time as the
case may be, upon the petition of any other creditor entitled to petition ,
proceed to adjudicate on such last mentioned petition.
46. The Court may upon due proof of the petitioning creditors Court may
adjudge the
debt, and upon due proof of an act of bankruptcy having been committed debtor bank
rupt.
by the debtor, adjudge the debtor bankrupt , and may appoint a day for
the bankrupt to surrender and conform .
47. If after adjudication the debt of the petitioning creditor be found If petitioning
creditor's
by the Court to be insufficient to support such adjudication , the Court debt be found
insufficient, 1
may, upon the application of any other creditor, having proved any debt Court may
proceed on
sufficient to support an adjudication , order the petition for adjudication petition of
any other
to be proceeded in , and it shall by such order be deemed valid . creditor .
48. If two or more petitions for adjudication be filed by, or against , Court may
impound and
the same person, or if a petition be filed by, or against, a member of a consolidate
proceedings
firm , and another petition be filed by, or against, another member of the or petitions.
same firm, the Court may consolidate the proceedings or any part thereof
594 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
under such petitions , or may impound any such petition or petitions , or
annul the proceedings thereunder, or any part thereof, upon such terms
as the Court shall see fit ; and may order any petition or petitions to be
proceeded in either separately or in conjunction with any other or others ;
and may remove the assignees under any such petition or petitions, and
appoint others as it shall see fit .
If debtor is 49. Whenever any petition for adjudication shall have been filed
about to leave
the Colony or against any person , and it shall be proved to the satisfaction of the Court
conceal his
goods, Court that there is probable cause for believing that such person is about to
may order
him to be quit the Colony , or to remove or conceal any of his goods or chattels
arrested .
with intent to defraud or defeat his creditors unless he be forthwith
apprehended, the Court may issue a warrant, directed to such person
as the Court shall think fit , whereby such last mentioned person shall
have authority to arrest the person against whom such petition shall have
been filed , and also to seize his books, papers , monies , securities for
monies, goods and chattels, wheresoever he or they may be found , and
him or them safely keep until the expiration of the time allowed for
adjudication on such petition , or until such person shall be adjudged
bankrupt under such petition , and be thereon dealt with according to this
Ordinance : Provided, that any person arrested upon any such warrant,
or any person whose books , papers, monies, securities for monies, goods or
chattels , have been seized under any such warrant, may apply, at any time
after such arrest or seizure, to the Court for an order or rule on the peti
tioning creditor to show cause why the person arrested , should not be
discharged out of custody, or why his books , papers, monies , securities for
monies, goods and chattels , should not be delivered up to him, and the
Court may make absolute, or discharge such order or rule .
As to Adjudication of Bankruptcy.
Notice of 50. Notice of all adjudications shall be given in the Hongkong Gov
adjudication.
ernment Gazette .
Before notice 51. Before notice of any adjudication granted upon a creditor's
of adjudica
tion given in petition shall be given in the Hongkong Government Gazette and such
Hongkong
Government other newspapers as the Court may direct, and at or before the time of
Gazette, debt
or to have putting in execution any warrant of seizure which shall have been granted
notice thereof.
upon such adjudication , a duplicate of such adjudication shall be served
on the person adjudged bankrupt , personally, or by leaving the same at
the usual or last known place of abode, or place of business of such person ;
ORDINANCE No. 5 OF 1864 . 595
Bankruptcy and Insolvency.
and such person shall be allowed seven days, or such extended time, as
the Court shall think fit, from the service of such duplicate to show cause
to the Court against the validity of such adjudication : and if such person
shall , within such time, show to the satisfaction of the Court that the peti
tioning creditor's debt and act of bankruptcy upon which such adjudica
tion has been grounded , or any or either of such matters are insufficient
to support such adjudication , and upon such showing no other creditor's
debt and act of bankruptcy sufficient to support such adjudication , or such
of the said last mentioned matters as shall be requisite to support such
adjudication , in lieu of the petitioning creditor's debt , and act of bank
ruptcy or any or either of such matters, which shall be deemed insufficient
in that behalf as the case may be , shall be proved to the satisfaction of the
Court, the Court shall thereupon order such adjudication to be annulled
and the same shall by such order be annulled accordingly : but if at the
expiration of the said time no cause shall have been shown to the satisfac
tion of the Court for the annulling of such adjudication the Court shall
forthwith after the expiration of such time, cause notice of such adjudica
tion to be given in the Hongkong Government Gazette and such other
newspapers as the Court may direct , and shall, if necessary , appoint a day
for such bankrupt to surrender and conform : Provided that the Court
shall have power from time to time to enlarge the time for the bankrupt 1
surrendering himself, for such time as the Court shall think fit , so as every
such order be made six days at least before the day on which such bank
rupt was to surrender himself : Provided also , that if any person so
adjudged bankrupt shall before the expiration of the time allowed for
showing cause, surrender himself, and give his consent, testified in writing 8
under his hand , to such adjudication being advertised , the Court after such I
consent so given, shall forthwith cause the notice of adjudication to be 4
advertised and appoint the sittings for the bankrupt to surrender and
conform .
52. Whenever any bankrupt is in prison, or in custody under any If bankrupt
in prison,
process , attachment , execution , commitment or sentence, the Court may Court may ap
point a person
appoint à person to attend him from time to time to produce to him his to attend him.
books , papers and writings, in order that he may prepare his balance sheet
and show the particulars of his estate and effects .
53. When any person shall have been adjudged a bankrupt, all his Bankrupt's
property to
personal estate and effects present and future, wheresoever the same may vest in the
assignees.
be found or known, and all property which he may purchase, or which
596 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
may revert, descend , be devised or bequeathed , or come, to him, before he
shall have obtained his discharge , and all debts due, or to be due to him,
wheresoever the same may be found or known, and the property, right
and interest in such debts , shall become absolutely vested in the Official
or other Assignee for the time being for the benefit of the creditors of the
bankrupt by virtue of their appointment, and after such appointment
neither the bankrupt nor any person claiming through or under him shall
have power to recover the same, nor to make any release or discharge
thereof, neither shall the same be attached as the debt of the bankrupt, or
otherwise, but such assignees shall have like remedy to recover the same
in their own names, as the bankrupt himself might have had if he had
not been adjudged bankrupt.
Bankrupt 54. Provided that every person who shall be so adjudged bankrupt,
may retain
household fur shall be entitled to retain for the use of himself and family, under the
niture, &c.
name of excepted articles , such articles of household furniture, and tools
and implements of trade and other like necessaries as he shall specify and
select ; not exceeding in the whole the value of one hundred dollars , and
such excepted articles shall not be subject to be sold or disposed of in the
bankruptcy , nor to be taken in execution at the suit of any creditor en
titled to prove under the bankruptcy : and in all cases there shall be filed
with the proceedings in the Court an inventory of such excepted articles :
and if it shall appear to the Court that the value of the excepted articles
retained by the bankrupt exceed one hundred dollars , the Court may
order so much of such articles as it shall see fit to be given up to the
assignees.
Bankrupt's
Lands, &c., to 55. When any person shall have been adjudged a bankrupt, all
vest in
lands, tenements and hereditaments, to which any bankrupt is entitled ,
assignee.
and all interest to which such bankrupt is entitled in any of such lands ,
tenements or hereditaments, and of which he might have disposed , and
all such lands, tenements and hereditaments as he shall purchase, or shall
descend, be devised , revert to, or come to such bankrupt before he shall
have obtained his discharge, and all deeds, papers and writings respecting
the same, shall become absolutely vested in the Official or other Assignee
for the time being for the benefit of the creditors of the bankrupt, by
virtue of his appointment, without any deed of conveyance for that pur
pose and as often as any such assignee or assignees shall die or be
lawfully removed or displaced, and a new assignee or assignees shall be
ORDINANCE No. 5 OF 1864 . 597
Bankruptcy and Insolvency.
duly appointed , such of the aforesaid estate as shall remain unsold or
unconveyed, shall , by virtue of such appointment vest in the new assignee
or assignees , either alone or jointly with the existing assignee as the
case may require, without any conveyance for that purpose.
56. Nothing in this Ordinance contained shall extend to entitle the assignee or Assignees not
entitled to bank
assignees of the estate and effects of any bankrupt being or having been an officer of rupts pension,
&c., but Court
may order part
the Army or Navy or an officer or clerk or otherwise employed or engaged in the service thereoffor bene
fit of creditors.
of Her Majesty in any Civil or Military office, or being otherwise in the enjoyment of
any pension whatever under any Department of Her Majesty's Government, to the pay,
half-pay, salary, emoluments, or pension of any such bankrupt for the purposes of this
Ordinance : Provided that the Court may order such portion of the pay, half-pay,
salary, emoluments or pension of any such bankrupt, as on communication from the
said Court, the Secretary at War, or the Lords Commissioners of the Admiralty, or the
Commissioners of Excise, or the Chief Officer of the Department to which such bankrupt
may belong or have belonged , may officially consent to in writing, to be paid to such
assignee or assignees, in order that the same may be applied in payment of the debts
of such bankrupt : and such order and consent being lodged in the office of Her Majesty's
Paymaster General, or of any other officer or person appointed to pay or paying any
such pay, half-pay, salary, emoluments or pension , such portion of the said pay, half
pay, salary, emoluments or pension as shall be specified in such order and consent shall
be paid to the said assignee or assignees until the said Court shall make order to the
contrary. [ Repealed by Ordinance No. 9 of 1864 and new section substituted.]
57. If the bankrupt be not in prison or custody at the date of the If bankrupt
be not in pri
adjudication he shall be free from arrest or imprisonment by any creditor son or custo
dy, to be free
in coming to surrender, and after such surrender for such further time
. from arrest in
coming to
as shall be allowed him for finishing his examination , and for such time surrender,
&c., and if in
after his examination until his discharge be allowed, as the Court shall from prison may be
brought up by
time to time by endorsement upon the summons of such bankrupt think warrant to be
examined or
fit to appoint : and whenever any bankrupt is in prison or in custody to surrender,
and if in pri
under any process , attachment, execution, commitment or sentence , the son for debt
the Court
Court may, by warrant directed to the person in whose custody he is may, except
in certain ca
confined , cause him to be brought before it at any sitting either public or ses, order re
lease.
private, and if he be desirous to surrender he shall be so brought up, and
the expense thereof shall be paid out of his estate, and such person shall
be indemnified by the warrant of the Court for bringing up such
bankrupt and where any person who has been adjudged bankrupt
and has surrendered and obtained his protection from arrest , is in
prison or custody for debt at the time of his obtaining such protection ,
the Court may, except in the cases hereinafter mentioned , order his
598 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
immediate release, either absolutely or upon such conditions as it shall
think fit : Provided always that the Court shall not order such release
where it shall appear by any judgment, order, commitment or sentence
under which the bankrupt is in prison or custody, or by the record or
entry of any such judgment, order, commitment or sentence, and the
pleadings or proceedings previously thereto that he is in prison or cus
tody for any debt contracted by fraud , or breach of trust, or by reason
of any prosecution against him whereby he had been convicted of any
offence , or for any debt contracted by reason of any judgment in any
proceedings for breach of the revenue laws; or in any action for breach
of promise of marriage, seduction , libel , slander, assault, battery, mali
cious arrest, or malicious trespass : Provided also that such release shall
in nowise affect any rights of the creditor at whose suit the bankrupt
may be in prison or in custody, against the bankrupt, except the right of
detaining him in prison or in custody whilst protected from imprison
ment by order of the Court .
If arrested to 58. If any bankrupt shall be arrested for debt, or on any escape
be discharged
on producing warrant in coming to surrender, or shall after surrender, and while pro
protection .
tected by order of the Court, be so arrested , he shall on producing such
protection to the officer who shall arrest him and giving such officer a
copy thereof, be immediately discharged , and if any officer shall detain
any such bankrupt after he shall have shown such protection to him,
except for so long as shall be necessary for obtaining a copy of the same,
such officer shall forfeit to such bankrupt for his own use the sum of
twenty-five dollars for every day he shall detain such bankrupt, to be
recovered by action of debt in the name of such bankrupt.
As to the duty ofthe Bankrupt after Adjudication.
Bankrupt to 59. Forthwith after the insertion of the notice of adjudication in
deliver up
his books of the Hongkong Government Gazette, or if the bankrupt before the ex
account to
Official As piration of the time allowed for showing cause against the adjudication,
signee
surrender himself and give consent to such insertion , forthwith after such I
surrender the bankrupt shall ( if thereto required by the Official Assignee )
deliver up to the Official Assignee upon oath before the Court all books
of account, papers and writings relating to his estate in his custody or
power and discover such as are in the custody or power of any other
person and the Court may give such directions as it shall deem ex
pedient with regard to such books, papers and writings : and every
ORDINANCE No. 5 OF 1864 . 599
Bankruptcy and Insolvency.
bankrupt not in prison or custody shall at all times after such surrender,
attend the assignees , upon every reasonable notice in writing for that and to attend
assignees.
purpose given by them to him or left at his usual or last known place of
abode, and shall assist such assignees in making out the accounts of
his estate and such bankrupt after he shall have surrendered may at
all reasonable times before the expiration of such time as shall be allowed
to him to finish his examination , inspect his books , papers and writings
in the presence of his assignees or any person appointed by them, and
bring with him each time any two persons to assist him : and every such
bankrupt after he shall have obtained his discharge, shall upon demand
in writing given to him or left at his usual or last known place of abode
attend the assignees to settle any accounts between his estate and any
debtor to or creditor thereof, or attend any Court of record to give
evidence touching the same, or do any act necessary for getting in or
protecting the said estate : for which attendance he shall be paid such
sum as the Court shall see fit out of his estate .
As to the last Examination .
60. The Court shall forthwith after the meeting for the choice of Sitting for
last examina-.
an assignee by the creditors appoint a public sitting on a day not later tion.
than sixty days from the date of such meeting, and shall give notice of
such sitting in the Hongkong Government Gazette and in such other
newspapers as the Court may direct for the bankrupt to pass his last
examination and the Court may from time to time enlarge the time ap
pointed for such sitting or may adjourn the same.
61. The bankrupt shall prepare such statements of his accounts Statement of
bankrupt.
and in such form as General Orders or the Court shall direct , and shall
subscribe such statement and shall file the same in Court ten days at
least before the day appointed for the last examination or adjournment
thereof, and such statement may before such last examination be amend
ed , from time to time, as occasion may require, and the Court shall direct,
and the bankrupt shall make oath of the truth of such statement when
ever he shall be duly required by the Court so to do, and the last exami
nation of the bankrupt shall in no case be passed unless his statement
shall have been duly filed as aforesaid.
62. The statement of accounts when filed in Court shall be open to Statement of
accounts to
the inspection of all creditors who may take copies of and extracts from be open to
inspection.
the same, subject to such regulations as the Court or General Order
may direct.
1
-600 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
Bankrupt to 63. In the preparation of such statement of his accounts , the bank
be assisted
by Official rupt shall be assisted by the Official Assignee, who shall prepare and
Assignee in
preparing file in Court together with such statement a report upon the state of the
statement of
accounts. affairs of the bankrupt setting forth such facts and particulars as may be
required by the Court, or as it shall in the opinion of such assignee be
important for the Court to be informed of : Provided that if it shall in
any case appear to the Court that there are special circumstances ren
dering it necessary that the bankrupt should be assisted in the prepara
tion of such statement of accounts by some person other than such
Official Assignee , the Court may nominate such person to assist the
bankrupt in that behalf, and may allow to such person out of the bank
rupt's estate such remuneration as it shall think fit ; and in such case
the statements so prepared shall have appended thereto a certificate
signed by the person appointed to assist the bankrupt in the preparation
thereof expressing his approval or disapproval thereof and the partic
ulars and reasons of such disapproval .
As to the Official Assignee.
Official 64. Immediately on adjudication it shall be the duty of the Official
Assignee
to take Assignee to take possession of the bankrupt's estate, and to retain pos
possession of
bankrupt's session thereof until the appointment of a creditor's assignee ; but if such
property.
Official Assignee, or if the Court , upon the representation of any credit
or, shall be of opinion that the keeping possession of the bankrupt's
property is not requisite for the due protection of the creditors , such
possession shall not be taken or retained by the Official Assignce, and
the Official Assignee may be directed by the Court to give up such pos
session to such person as the Court shall see fit.
Official 65. Until Assignees shall be chosen by the creditors of the bank
Assignee to
act as sole rupt and appointed by the Court, the Official Assignee shall to all intents
assignee till
Creditors' and purposes whatsoever be deemed to be the sole assignee of the bank
Assignees
chosen, and rupt's estate and effects : and if the Court shall so order, may, before
may sell or
otherwise assignees shall be chosen by the creditors , sell or otherwise dispose of
dispose of
property of a any property of a bankrupt which shall be of a perishable nature , or the
perishable
nature, &c. holding possession whereof until the choice of assignees would , in the
judgment of the Court, be prejudicial to the bankrupt's estate : Provided
always that nothing herein contained shall extend to authorise any
Official Assignee to interfere with the assignees chosen by the creditors
in the appointment or removal of a solicitor or attorney or after such
ORDINANCE No. 5 OF 1864. - 601
Bankruptcy and Insolvency.
choice, in directing the time and manner of effecting any sale of a bank
rupt's estate or effects .
Official
66. No Official Assignee shall be personally responsible or liable Assignee not
for any act done by him, or by his order or authority, in the execution personally
liable for acts
done in
of his duty as such Official Assignee, by reason of the petitioning cred execution
itors, debt or act of bankruptcy upon which any adjudication shall have of his duty
or for receipt
been grounded, or of any or either of such matters, being insufficient to of bills or
money, upon
support such adjudication : and no Official Assignee shall be deemed certain con
ditions being
personally answerable for, or by reason of his having received any money, performed.
bills , notes or other negotiable instruments under any bankruptcy in his
character of Official Assignee , provided he shall have paid and deposited
such money, bills , notes or other negotiable instruments during the pro
secution of the bankruptcy to and in such bank as the Court shall by
order direct to the credit of the particular estate for which such money ,
bills, notes or other negotiable instruments shall have been received , and
shall have given notice of such payment or deposit ( as the case may be )
to any person claiming such money, bilis, notes or other negotiable
instruments of the Official Assignee : and provided also that the Official
Assignee after such payment or deposit, shall not have dealt with such
money, bills , notes or other negotiable instruments otherwise than in
the execution of his duty as Official Assignee and under the order of
the Court: and if any action shall be brought against the Official
Assignee, either solely or jointly with the creditor's assignee, in respect of
such money , bills , notes or other negotiable instruments , it shall be
lawful for the Judge of the Court in which the same action shall be
brought upon the application of the Official Assignee, and upon an affi
davit of facts, to set aside the proceedings in such action so far as the
Official Assignee is concerned, with such costs or without costs , as the
Judge shall see fit.
As to First Meeting of Creditors.
67. As soon as conveniently may be after adjudication the Court First meeting
of creditors.
shall appoint a meeting of the creditors of which ten days notice shall be and proof of
debts.
given in the Hongkong Government Gazette and such other newspapers
as the Court may direct, and such meeting shall be held at such
time and place as the Court shall appoint, and at such meeting
such officer as the Court shall appoint for that purpose shall preside , and
602 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
I
receive the proofs of the debts of the creditors : the Official Assignee shall
attend , and give to the meeting the fullest information in his power of the
estate and effects of the bankrupt and of the debts due from his estate ;
and a majority in value of the creditors present may determine whether
any allowance for support shall be made to the bankrupt up to the time
of passing his last examination , and may fix the amount of such allowance
if any be allowed .
As to choice of Creditors ' Assignees, and their Power.
Creditors to
choose 68. At the first meeting of creditors , or at any adjournment thereof,
assignee. it shall be competent to the majority in value of the creditors who have
proved debts to choose an assignee or assignees of the bankrupt's estate
and effects to be called the Creditors' Assignee : Provided that the Court
shall by certificate appoint such assignee so chosen and shall have power
to reject any person so chosen who shall appear to such Court unfit to be
such assignee, and upon such rejection , a new choice of Creditors'
Assignee and a new appointment shall be made.
Petitioning 69. The petitioning creditor shall at his own cost file and prosecute
creditor to
proceed at his
his his petition until the choice of assignees by the creditors : and the Court
own cost
until choice shall at or after the sitting for such choice make order for the payment
of Creditors'
Assignee. thereof out of the estate of the bankrupt in course of priority to be settled
by any General Order to be made in pursuance of this Ordinance.
Estate to vest 70. Upon the appointment of the Creditors' Assignee all the estate
in Creditors'
Assignee. both real and personal of the bankrupt shall be divested out of the Official
Assignee and vested in the Creditors ' Assignee.
Official 71. The Official Assignee shall forthwith render to the Creditors'
Assignee to
render Assignee a full and particular account or balance sheet of the bankrupt's
account.
estate, and of all receipts, payments and other transactions of such Official
Assignee and also a list of all the creditors of the bankrupt who shall have
proved their debts against the estate.
Creditors' 72. The Creditors' Assignee shall audit such account and may call
Assignee may for such information from the Official Assignee as he possesses concerning
call for
information .
the estate .
No person to 73. No person shall be entitled, as against the Official or Creditors'
withhold
possession of Assignee, to withhold possession of books of account of the bankrupt, or
books.
to claim any lien thereon.
ORDINANCE No. 5 of 1864 . C03
Bankruptcy and Insolvency.
74. At the meeting for choice of a Creditors' Assignee or at any Creditors
may appoint
other meeting called for the purpose, the majority in value of the creditors manager.
present may also determine whether a manager shall be appointed to
collect and wind up the estate, under the inspection of the Creditors'
Assignee or of a committee of creditors , and may appoint such person
with such remuneration out of the estate and generally upon such terms
and for such period and with such directions as the majority shall think
fit and the remuneration of such manager shall be subject to the control
and review of the Court.
75. A majority in number and value of the creditors may at any Removal of
Assignee.
meeting duly called for the purpose , remove the Creditors ' Assignee or
manager or accept his resignation ; and one-fourth in value of the creditors
who have proved may at any time apply to the Court, by petition for the
removal of the Creditors ' Assignee or manager, and if on the hearing of
such petition , the Court shall be of opinion that sufficient reason has been
shown, it may remove such Creditors' Assignee or manager, and appoint
a meeting of the creditors to be held for electing a new Creditors ' Assignee :
and if the assignee shall die, resign , or be removed or remain away from
the Colony for three months at any one time, any creditor may apply to
the Court to appoint a meeting for electing a new Creditors' Assignee,
and the Court may accordingly appoint a meeting, whereof at least seven
days' previous notice shall be given in the Hongkong Government Gazette
and such other newspapers as the Court may direct, and such meeting
may elect a new Creditors ' Assignee accordingly.
76. In all cases of the election of a new Creditors ' Assignee, the Mode of
electing new
Creditors'
proceedings shall take place in like manner as is hereinbefore provided in
Assignee.
the case of the first election and the new Creditors ' Assignee shall have
the same powers and perform the same duties as the Creditors' Assignee
first chosen, and shall call to account such Creditors ' Assignee, his heirs ,
executors , administrators , or assigns as the case may require.
77. No valuation of a bankrupt's property shall be made unless the As to
valuation of
Court shall so direct : and any valuation required by the creditors shall
property.
be made in such manner and upon such terms as general orders shall from
time to time direct .
78. The Creditors ' Assignee shall manage, and except as herein Duties of
Creditors'
provided, realize and recover the estate belonging to the bankrupt , and Assignee.
shall convert the same into money, and shall dispose of all monies not
604 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
necessarily retained for current expenses, and all bills, notes , and negotiable
instruments belonging to the estate, at such time and in such manner as a
General Order shall on that behalf direct .
Creditors' 79. The Creditors ' Assignee shall from time to time and so often as
Assignee to
render any General Order shall direct , render to the Official Assignee a debtor
accounts to
Official and creditor account of all monies received and paid by him on account
Assignee.
of the bankrupt or his estate verified on oath as a full, true and faithful
account of his receipts and payments as such Creditors' Assignee and the
Court may examine any account which may be made by or may come
into the hands of the Official Assignee .
Assignee may
80. The Assignees may with the approbation of the Court appoint
appoint ,
bankrupt to the bankrupt himself to superintendent the management of the estate, or
manage
estate.
to carry on trade for behoof of the creditors , and in all or any other respects
they may think fit to aid them in administering the bankrupt's estate and
effects in such manner and on such terms as they may think best for the
benefit of the persons interested in the estate.
Power for 81. At any time after the expiration of twelve months from
assignees to
sell bank adjudication , or at any earlier period with the approbation of the Court
rupt's book
debts. the Assignee may sell by auction or tender , or with the sanction of the
Court by private contract, all or any of the book debts due, or growing
due to the bankrupt, and with the sanction of the Court the books relating
thereto, and the goodwill of his trade or business , and assign the same to
the purchaser and such purchaser shall by virtue of the assignment have
power to sue in his own name for the debts assigned to him as effectually,
and with the same privileges concerning proof of the requisites of bank
ruptcy and other matters, as the assignee himself.
Disposal of 82. When the affairs of the bankrupt are fully wound up, the Court
bankrupt's
books , after may, subject to the directions of any General Order, make from time to
his affairs are
wound up. time such orders as in each case seems fit respecting the disposal or custody
of any books , papers or documents relating to property or affairs in the
possession or under the control of the Official Assignee or any other person .
On removal 83. If the Creditors ' Assignee shall wilfully fail to observe any of
of Creditors'
Assignee, the directions herein contained or shall be guilty of any neglect in the
Official
Assignee may performance of his duty , or it shall be made to appear to the Court on
be appointed.
the application of any two or more creditors that it would be for the
benefit of the estate that such Creditors ' Assignee should not continue to
have the management and administration of the bankrupt's estate, the
ORDINANCE No. 5 OF 1864 . 605
Bankruptcy and Insolvency.
Court may either appoint the Official Assignee to act jointly with such
Creditors' Assignee , or remove such Creditors' Assignee, and direct a
choice of another Creditors' Assignee or appoint the Official Assignee
alone to wind up and administer the estate under the bankruptcy, and , if
a change of assignees shall thereupon take place, the estate of the
bankrupt shall, by order of the Court, be divested out of the assignee
removed by the Court, and vested in the assignee chosen or appointed
under this section.
84. All powers vested in any bankrupt which he might legally Assignees
have all to
execute for his own benefit, may be executed by the assignees for the powers
bankrupt
benefit of the creditors , in such manner as the bankrupt might have might have
had.
executed the same.
85. Where according to law any conveyance or assignment of any Certificate of
appointment
real or personal property of a bankrupt would be required to be registered , of assignees
to be register
enrolled, or recorded in any Registry Office in Hongkong, then and in ed where any
conveyance of
every such case the certificate of appointment of assignees of the estate bankrupt's
property
and effects of the bankrupt shall be registered in the Registry Office , would require
to be
Court or place wherein such conveyance or assignment would require to registered.
be registered , enrolled or recorded , and such registry shall have the like
effect to all intents and purposes , as the registry , enrolment or recording
of such conveyance or assignment would have had : and the title of any
purchaser of any such property for valuable consideration without notice
of the bankruptcy, who shall have duly registered , enrolled or recorded
his purchase deed previous to the registry hereby directed , shall not be
invalidated by reason of such appointment of assignees, or of the vesting
of such property in them consequent thereupon , unless the certificate of
such appointment shall be registered as aforesaid within two months from
the date of such appointment .
86. The Court may, upon the application of the assignees , or of Court may
order bank
any purchaser from them of any part of the bankrupt's estate , if it shall rupt to join
in convey
see fit, order the bankrupt to join in any conveyance of such estate or ance.
any part thereof : and if he shall not execute such conveyance within
the time directed by the order, such bankrupt and all persons claiming
under him shall be stopped from objecting to the validity of such con
veyance and all estate, right, or title which such bankrupt had therein
shall be as effectually barred by such order as if such conveyance had
been executed by him.
606 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
Conditional
87. If any bankrupt shall have granted , conveyed , assured or
estate grant
ed by bank pledged, any real or personal estate, or deposited any deed , such grant,
rupt may be
redeemed by conveyance, assurance , pledge or deposit being upon condition or power
assignees.
of redemption , at a future day, by payment of money or otherwise , the
assignees may, before the time of the performance of such condition ,
make tender, or payment of money, or other performance, according to
such condition, as fully as the bankrupt might have done : and after such
tender, payment or performance, such real or personal estate may be sold
and disposed of for the benefit of the creditors.
Assignees to 88. The assignees shall be subject to the orders of the Court in
be subject to
the order of their conduct as assignees and the Court may at all times summon the
the Court.
assignees, and require them to produce all books, papers, deeds, writings,
or other documents relating to the bankruptcy in their possession ,
and direct them to pay and deliver over to the Official Assignee , all
monies , books , papers , deeds , writings and other documents which may
have come to their possession as assignees .
If a member 89. If any person adjudged bankrupt shall at the time of the adju
of a firm bc
comes bank dication, be a member of a firm the Court may authorise the assignees
rupt Court
may author upon their application to commence or prosecute any action at Law or
ise action or
suit in name suit in Equity, in the name of such assignees and of the remaining part
of assignees
and of re ner, against any debtor of the partnership, and such judgment, decree, or
maining
partner. order may be obtained therein as if such action or suit had been instituted
with the consent of such partner, and if such partner shall execute any
release of the debt or demand for which such action or suit is instituted ,
such release shall be void : Provided that every such partner shall
have notice given him of such application, and be at liberty to show
cause against it , and if no benefit be claimed by him by virtue of the said
proceedings , shall be indemnified against the payment of any costs in
respect of such action or suit , in such manner as the Court may direct :
and such Court may, upon the application of such partner, direct that he
may receive so much of the proceeds of such action or suit as the Court
shall direct.
Assignees 90. The assignees with the leave of the Court first obtained upon
may institute
or defend application to such Court but not otherwise, may commence, prosecute
actions and
compound for or defend, any action at Law or suit in Equity which the bankrupt might
debts due to
the estate, have commenced and prosecuted or defended , and in such case, the costs
and submit
disputes to to which they may be put in respect of such suit or action shall be
arbitration.
allowed out of the proceeds of the estate and effects of the bankrupt : and
ORDINANCE No. 5 OF 1864. 607
Bankruptcy and Insolvency.
with like leave of the Court, after notice to such creditors and subject to
such conditions ( if any ) as to obtaining the consent of creditors , or any
proportion of them, as the Court shall think fit to direct, the assignees
may take such reasonable part of any debts due to bankrupt's estate as
may by composition be gotten, or may give time or take security for the
payment of such debts and may submit to arbitration any difference or
dispute between the assignees and any other person , for or on account ,
or by reason of anything relating to the estate and effects of the bankrupt .
91. All persons from whom the assignees shall have recovered any If petition or
adjudication
real or personal estate, either by judgment or decree , are hereby discharged be annulled
& c., persons
in case the adjudication or petition for adjudication , be afterwards annul from whom
the assignees
led or dismissed from all demands which may thereafter be made in re have recover
ed or who
spect of the same by the person against whom such adjudication was made, ave bonâ
and all persons claiming under him ; and all persons who shall without fide paid the
assignees,
&c., dischar
action or suit, bonâ fide deliver up possession of any real or personal ged from
estate to the assignees, or pay any debt claimed by them, are hereby claims
bankrupby
t. the
discharged from all claim of any such person as aforesaid , in respect of
the same or any person claiming under him : Provided the persons so
delivering up any real or personal estate or paying any debt, shall not
have had notice of an action , suit , or other proceeding to dispute or annul
the adjudication or petition for adjudication , and such action , suit , or other
proceeding shall not have been commenced and prosecuted within the
time and in manner allowed by this Ordinance .
92. If any assignee indebted to the estate of which he is such If assignee
indebted to
assignee in respect of money being part of the estate of the bankrupt bankrupt's
estate be
retained or employed by him , become bankrupt and obtain his discharge, comes bank
it shall have the effect only of freeing his person from arrest and impri- rupt
charge dis
hisshall
not release
sonment ; but his future effects ( his tools of trade, necessary house his future
effects in re
hold goods and the necessary wearing apparel of himself, his wife and spect of such
debt.
children excepted ) shall remain liable for so much of his debt to the estate
of which he was assignee, as shall not be paid by dividends under his
bankruptcy, and for interest at the rate of twelve per cent per annum on
the whole debt .
93. Whenever an assignee shall die or be removed, or a new Suits not to
abate by
assignee shall be chosen , no action at Law or suit in Equity shall be death or re
moval of
thereby abated, but the Court in which any action or suit is depending assignees .
may, upon the suggestion of such death , or removal and new choice ,
608 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
allow the name of the surviving or new assignee to be substituted in the
place of the former : and such action or suit shall be prosecuted in the
name or names of the said surviving or new assignee or assignees, in
the same manner as if he had originally commenced the same.
If assignees 94. If the assignee commence any action or suit for any money
commence
action before due to the bankrupt's estate, before the time allowed for the bankrupt to
time allowed
to dispute dispute the bankruptcy shall have elapsed , any defendant in any such
the bank
ruptcy has action or suit, shall be entitled , after notice given to the assignees , to
elapsed, debt
or to estate pay the same or any part thereof, into the Court in which such action or
may pay
money into suit is brought ; and all proceedings with respect to the money so paid
Court.
into Court shall thereupon be stayed until such time shall have elapsed ;
and if within that time the bankrupt shall not have commenced such
action, suit or other proceeding, and prosecuted the same with due
diligence, the money shall be paid out of Court to the Official Assignee,
but otherwise shall abide the event of such action , suit or other proceed
ing and upon such event shall be paid out of Court, either to the
Official Assignee or the person adjudged bankrupt as the Court shall
direct ; and after such payment of money so made into Court, it shall not
be lawful for the person adjudged bankrupt to procced against the defend
ant for the recovery of the same money.
Limitation of 95. Every action brought against any person for any thing done
action.
in pursuance of this Ordinance shall be commenced within three months
next after the fact committed : and the defendant in any such action
General issue. may plead the general issue and give this Ordinance and the special
matter in evidence at the trial, and that the same was done by authority
of this Ordinance ; and if it shall appear so to have been done, or that
such action was commenced after the time limited as aforesaid for bringing
the same, the jury shall find for the defendant ; and if there be a verdict
for the defendant, or if the plaintiff be non- suited , or discontinue his
action or suit after appearance thereto, or if upon demurrer, judgment
shall be given against the plaintiff, the defendant shall receive such full
and reasonable indemnity as to all costs, charges and expenses incurred
in and about any such action as shall be taxed by the proper officer in
that behalf, subject to be reviewed in like manner by the same authority
as any other taxation of costs by such officer.
Court may 96. In case of any claim, dispute or difference between the Official
determine on
all differences Assignee, the Creditors' Assignee, and the creditors of any bankrupt or
ORDINANCE No. 5 OF 1864 . 609
Bankruptcy and Insolvency.
any of such persons , or between any persons claiming under a trust deed , between
assignees
deed of arrangement, relating to any bankrupts or debtor's estate, or to any and creditors,
or between
money or property claimed as part of the estate of any bankrupt or parties claim
ing under
debtor, either party may apply to the Court, and the Court may deter trust deeds.
mine the same, and may summon and examine upon oath , the Official or
Creditors ' Assignee, trustee or any other person whomsoever as to any
matters and things concerning the bankruptcy or trust estate, and may
direct such enquiries, and give such directions , and make such orders
relative thereto, as it shall see fit : and may award costs personally or in
any other manner against the Official or Creditors' Assignee, trustee or
any other person : Provided that in all cases in which a resolution has
been come to by a majority in number and value of the creditors assem
bled in a meeting, regard shall be had by the Court to such resolution ,
and the same shall not be set aside by the Court unless such resolution
shall in the opinion of the Court be unjust or inequitable and not fit to
be binding and conclusive under this Ordinance.
Power ofthe Court over certain descriptions ofproperty.
97. If any bankrupt at the time he becomes bankrupt shall, by the Goods in the
possession.
consent and permission of the true owner thereof, have in his possession order, or dis
position of
order or disposition , any goods or chattels whereof he was reputed owner, the bankrupt
to be deemed
or whereof he had taken upon him the sale , alteration or disposition as his property.
owner, the Court may order the same to be sold and disposed of for the
benefit of the creditors under the bankruptcy : Provided that nothing Proviso for
assignments
herein contained shall invalidate or affect any transfer or assignment of of vessels.
any ship or vessels, or any share thereof, made as a security for any debt
or debts either by way of mortgage or assignment, duly registered accord
ing to the provisions of any Act of the Imperial Parliament now or here
after in force relating to the registering of British vessels .
98. If any bankrupt being at the time insolvent , shall ( except upon Power of
Court over
the marriage of any of his children or for some valuable consideration) certain
conveyances,
have conveyed , assigned , or transferred to any person any hereditaments , &c., made by
bankrupt.
offices fees, annuities, leases, goods, or chattels, or have delivered or made
over to any person any bills , bonds, notes , or other securities or have
transferred his debts to any other person or into any other person's name,
the Court may order the same to be sold and disposed of for the benefit
of the creditors under the bankruptcy, and every such sale shall be valid
against the bankrupt and such persons and all persons claiming under him.
610 ORDINANCE No. 5 of 1864 .
Bankruptcy and Insolvency.
Where bank
rupt benefi 99. If any bankrupt shall have any Government funds or stock of
ciallyentitled any public company standing in his name or in his own right, the Court
to stock,
Court may
may by writing order all persons whose act or consent is thereto neces
make order
for transfer. sary to transfer the same into the name of the assignees , and to pay all
dividends upon the same to the Official Assignee ; and all such persons
whose act or consent is so necessary are hereby indemnified from all
things done or permitted pursuant to such er.
Distress not 100. No distress for rent made and levied after an act of bank
to be avail
able for more ruptcy upon the goods and effects of any bankrupt whether before or
than one
year's rent after the filing of the petition for adjudication , shall be available for more
due.
than one year's rent, accrued prior to the day of the filing of such
The landlord petition : but the landlord or persons to whom the rent shall be due shall
to prove for
the residue. be allowed to come in as a creditor for the overplus of the rent due, and
for which the distress shall not be available.
Discretion in
Court as to 101. In any case where any person , against whom an adjudication
the disposal may have been made under this Ordinance, may be entitled to any annu
of property
in certain ity for his own life, or other uncertain interest, or to any reversionary
cases.
or contingent interest, or to property under such circumstances that the
immediate sale thereof for payment of his debts may be very prejudicial
to him and deprive him of the means of subsistence which he might
otherwise have after payment of his debts, and it may be proper to authorize
the raising of money by way of mortgage for payment of the debts , or part
of the debts of such person , instead of selling the property of such person
for that purpose, the Court may take into consideration all circumstances
affecting the property of any such person ; and if it shall appear to the
Court that it would be reasonable to make any special order touching
the same, the Court may do So, and direct that such property as it may
be expedient not to sell , or not to sell immediately, according to the pro
visions of this Ordinance, shall not be sold , and may from time to time
direct in what manner such property shall be managed for the benefit of
the creditors of such person, until the same can be properly sold , or
until payment of all such creditors , according to the provisions of this
Ordinance, shall have been made, and may make all such orders touching
the sale or disposition of such property as the Court shall see fit , con
sidering the rights of the creditors and the future benefit of such person
after payment of his debts, and upon such terms and conditions with
respect to the allowance of interest on debts not bearing interest or other
ORDINANCE No. 5 OF 1864. 611
Bankruptcy and Insolvency.
circumstances, as the Court shall see fit ; and if it shall appear to the
Court that the debts of such person can be discharged by means of money
raised by way of mortgage on any property of such person , instead of
raising the same by sale, the Court may so order , and may give all ne
cessary directions for such purpose , and generally direct all things which
may be proper for the discharge of the debts of such person , in such
manner as may be most consistent with the interests of such person in
any surplus of his effects after payment of such debts ; and in every such
case the discharge of such bankrupt shall not be held to discharge him
or his estate from any debt secured by him by way of mortgage or other
wise under this section .
102. If any bankrupt shall as trustee be seized , possessed of or Where bank
rupt is a
entitled to either alone or jointly, any real or personal estate , or any trustee the
Court may
interest secured upon or arising out of the same, or shall have standing order con
veyance or
in his name as trustee , either alone or jointly, any Government stock , assignment
to another
funds , or annuities, or any of the stock of any public company, the trustee.
Court on petition of the person entitled in possession to the receipt of
the rents, issues , and profits, dividends , interest, or produce thereof, on
due notice given to all other persons , ( if any ) interested therein , may
order the assignees , and all persons whose act and consent thereto is
necessary, to convey assign or transfer the said estate, interest, stock ,
funds, or annuities to such person as the Court shall think fit, upon the
same trusts as the said estate, interest, stock, funds , or annuities were
subject to before the bankruptcy, or such of them as shall be then sub
sisting and capable of taking effect, and also to receive and pay over the
rents , issues and profits, dividends, interest or produce thereof as the
Court shall direct.
103. No title to any real or personal estate sold under any bank Titles to pro
perty sold
ruptcy shall be impeached by the bankrupt, or any person claiming not tobe
impeached
under him , in respect of any defect in the petition for adjudication , or in unless pro
ceedings
any of the proceedings under the same, unless the bankrupt shall within taken toannul
and duly
the time allowed by this Ordinance have commenced proceedings to prosecuted.
dispute or dismiss the petition or adjudication and duly prosecuted
the same .
104. After any adjudication shall have been advertised in the The Court
after adju
Hongkong Government Gazette, the Court may order any Treasurer or dication may
order any
other officer or any banker, attorney, or solicitor , or other agent of the Treasurer,
612 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
&c.. or agent bankrupt, to pay and deliver over to the Official Assignee all moneys , or
of the bank
rupt. to securities for money, in his custody , possession , or power as such Treas
deliver all
moneys, &c. urer, officer, banker, or agent, and which he is not by law entitled to
retain as against the bankrupt or his assignee .
As to transactions not affected by Bankruptcy.
Payments, 105. Every payment really and bonâ fide made by any bankrupt ,
conveyances,
contracts, &c. , or by any person on his behalf, before the filing of a petition for adjudi
executions
against lands cation to any creditor of such bankrupt, and every payment really and
(if executed
by seizure) bonâ fide made to any bankrupt before the filing of such petition , and
to be valid, if
no notice of every conveyance by any bankrupt bona fide made and executed before
prior act of
bankruptcy. the filing of such petition, and every contract, dealing , and transaction ,
by and with any bankrupt really and bonâ fide made and entered into
before the filing of such petition , and every execution and attachment
against the lands and tenements of any bankrupt bonâ fide executed by
seizure, and every execution and attachment against the goods and chat
tels of any bankrupt bonâ fide executed and levied by seizure and sale
before the filing of such petition , shall be deemed to be valid , notwith
standing any prior act of bankruptcy by such bankrupt committed ,
provided that the person so dealing with, or paying to, or being paid by
such bankrupt, or at whose suit, or on whose account, such execution or
attachment shall have issued , had not at the time of such payment,
conveyance, contract dealing or transaction , or at the time of so executing
or levying such execution or attachment, or, at the time of making any
sale thereunder, notice of any prior act of bankruptcy by him committed ;
But nothing Provided also, that nothing herein contained shall be deemed or taken to
herein to give
validity to give validity to any payment, or to any delivery or transfer of any goods
payments
&c., by way or chattels made by any bankrupt being a fraudulent preference of any
of fraudulent
preference. creditor, of such bankrupt, or to any conveyance, or equitable mortgage
made or given by any bankrupt, by way of fraudulent preference of any
creditor of such bankrupt, or to any execution founded on a judgment
on a warrant of attorney or cognovit actionem , or Judge's order obtained
by consent given by any bankrupt by way of fraudulent preference .
Bona fide 106. No purchase from any bankrupt bonâ fide and for valuable
purchases not
tobe impeach consideration where the purchaser had notice at the time of such purchase
ed by notice
ofact of bank of an act of bankruptcy by such bankrupt committed , shall be impeached
ruptcy, un
less petition by reason thereof unless a petition for adjudication shall have been filed
filed within
twelve within twelve months after such act of bankruptcy.
months after
the act of
bankruptcy.
ORDINANCE No. 5 OF 1864. 613
Bankruptcy and Insolvency.
Certain war
107. Every warrant of attorney to confess judgment in any per rants of at
sonal action given by any bankrupt after the commencement of this torney cog
novits, and
Ordinance, and within two months next before the filing of a petition for consents to
Judge's order
adjudication by or against such bankrupt, and being wholly or in part given within
two months
for or in respect of an antecedent debt or money demand ; and every of filing peti
tion to be
cognovit actionem or consent to a Judge's order for judgment given by null and void .
any bankrupt at any time after the commencement of this Ordinance and
within two months next before the filing of any such petition , in any
action commenced by collusion with the bankrupt and not adversely , or
purporting to have been given in an action , but having been in fact given
before the commencement of such action against the bankrupt , such
bankrupt being unable to meet his engagements at the time of giving
such warrant of attorney, cognovit actionem , or consent ( as the case may
be ) shall be null and void , as against the assignees and creditors under
the bankruptcy of such debtor whether the same shall have been given
by such debtor in contemplation of bankruptcy or not.
108. And whereas an Act passed the Imperial Parliament in the Provisions of
3 Geo. 4 c. 39
third year of the reign of His late Majesty King George the Fourth extended to
assignees.
intituled An Act for preventing frauds upon creditors by secret warrants
of attorney to confess judgment : and whereas it is expedient to extend
the provisions of that Act ; be it enacted and ordained that the last
mentioned Act shall extend to the provisional or other assignee or
assignees of every prisoner whose estate shall after the expiration of
twenty-one days next after his execution of such warrant of attorney
or giving of such cognovit actionem as therein mentioned , be vested in
the Provisional Assignee of the Court, by virtue of this Ordinance , as if
the last mentioned Act had been expressly herein enacted and ordained ;
and every such warrant of attorney , and judgment and execution thereon ,
and every such cognovit actionem and judgment entered up thereon as
are declared by the last mentioned Act to be fraudulent and void against
the assignees mentioned therein shall be deemed equally fraudulent and
void against the Official or other assignee or assignees of such debtor
appointed under this Ordinance ; and such Official or other assignee or
assignees shall be entitled to recover back, and receive for the use of the
creditors of such debtor, all and every monies levied and effects seized
under or by virtue of any such judgment or execution .
109. Every creditor of the bankrupt may after adjudication prove Proof in Court
or in Cham
his debt by deposition in Court or in Chambers or before any officer bers or before
614 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
officer ap
appointed for that purpose at any meeting of creditors elsewhere than in
pointed or by
affidavit . Court, or by affidavit upon his own oath , or upon that of any other person
in his employment : Provided that where such deposition or affidavit
shall be made by any other person than the creditor, the deponent shall
in his deposition or affidavit , set forth that he is duly authorized by his
principal to make the deposition or affidavit , and that it is within his own
knowledge, that the debt was incurred, and for the consideration stated ,
and that to the best of his knowledge and belief the debt still remains
unpaid and unsatisfied.
Proof by post. 110. Every creditor of the bankrupt may also after adjudication ,
prove his debt, by delivering or sending through the general post , before
the appointment of a Creditors ' Assignee to the Official Assignee and
after such appointment to the Creditors Assignee a statement of such
debt and of the account if any between the creditor and the bankrupt ,
together with a declaration signed by the creditor, appended thereto, that
such statement is a full , true , and complete statement of account between
the creditor and the bankrupt, and that the debt thereby appearing to be
due from the estate of the bankrupt to the creditor is justly due : and all
bodies politic and public companies incorporated , or authorized to sue or
bring actions, may prove by an agent, provided such agent shall in this
declaration declare that he is such agent, and that he is authorized to
make such proof : and such declaration signed by such creditor and agent
respectively as aforesaid, shall be in such form as General Orders shall
direct.
False declara 111. Any person who shall wilfully and corruptly make any declara
tion a mis
demeanor. tion for proof of debt as aforesaid , knowing the same, or the statement of
account to which the same shall be appended , to be untrue in any material
particulars , shall be deemed guilty of a misdemeanor, and shall be liable
to undergo the pains and penalties imposed upon persons guilty of wilful
and corrupt perjury .
Official 112. The Official or Creditors' Assignee, as the case may be, shall
Assignee to
examine all examine all the statements of account as aforesaid and compare the same
statements of
account, and with the books , accounts and other documents of the bankrupt, and shall
make out list
of creditors from time to time make out a list of the creditors who have proved their
who have
debts , stating the amount and nature of such debts , which list shall be
proved .
open to the inspection of any creditor who has proved under the estate.
ORDINANCE No. 5 OF 1864 . 615
Bankruptcy and Insolvency.
Power to
113. The Court may, on the application of the assignee, or of any examine upon
creditor, or of the bankrupt, or without any application , examine upon oath alleged
creditors, &c.
oath or otherwise any person tendering, or who has made a proof, and
may summon any person capable of giving evidence concerning such
proof, and, in like manner, where the debt is tendered on affidavit or
statement, as hereinbefore provided , may summon and examine on oath
or otherwise, the person who has made the affidavit or statement, and
any other person capable of giving evidence concerning the debt sought
to be proved .
114. Every person with whom any bankrupt shall have really and Bona fide
creditors in re
bonâ fide contracted any debt or demand before the filing of the petition spect of debt
contracted
for adjudication shall notwithstanding any prior act of bankruptcy com after an act
of bankruptcy
mitted by such bankrupt, be admitted to prove the same, as if no such may prove.
act of bankruptcy had been committed , provided such person had not , at
the time the same was contracted , notice of any act of bankruptcy, by
such bankrupt committed.
Proof for
115. A person entitled to enforce against the bankrupt payment of
money, costs,
any money, costs, or expenses by process of contempt issuing out of any &c., of which
payment may
Court shall be entitled to come in, as a creditor under the bankruptcy, be enforced
by process
and prove for the amount payable under the process , subject to such of contempt .
ascertaining ofthe amount as may be properly had by taxation or otherwise.
116. In all cases in which the bankrupt is liable to pay any rent Proof for
proportionate
or other payment falling due at fixed or stated periods , and the adjudica- part of rent
and other
tion shall happen at any time other than one of such fixed or stated payments
falling due at
periods, the person entitled to such rent or other payment may prove for fixed periods.
a proportionate part thereof up to the day of the adjudication in such
manner as if the said rent or payment grew due from day to day and not
at such fixed or stated periods as aforesaid .
117. If any debtor shall at the time of adjudication be liable upon Proof in
respect of dis
tinct con
any bill of exchange or promissory note in respect of distinct contracts,
tracts.
as member of two or more firms carrying on separate and distinct trades ,
and having distinct estates to be wound up in bankruptcy or as a sole
trader and also as the member of a firm, the circumstance that such firms
are in whole or in part composed of the same individuals , or that the sole
contractor is also one of the joint contractors , shall not prevent proof and
receipt of dividend in respect of such distinct contracts against the estates
respectively liable upon such contracts.
616 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
Proof in re
spect of unli 118. If any bankrupt shall at the time of adjudication be liable,
quidated by reason of any contract or promise , to a demand in the nature of
damages.
damages which have not been and cannot be otherwise liquidated or
ascertained , the Court may direct such damages to be assessed either by
4 a jury before itself, or in the Court of Summary Jurisdiction without a
jury, and to give all necessary directions for such purpose ; and the
amount of damages, when assessed , shall be provable, as if a debt due, at
the time of the bankruptcy ; Provided , that in case all necessary parties
agree, the Court shall have power to assess such damages without the
intervention of a jury, or a reference to the Court of Summary Jurisdiction .
Proof for
119. If any bankrupt shall at the time of adjudication be liable by
premiums
upon policies reason of any contract or promise to pay premiums upon any policy of
of insurance .
insurance, or any other sums of money, whether yearly or otherwise, or
to repay to or indemnify any person against any such payments, the
person entitled to the benefit of such contract or promise may, if he think
fit, apply to the Court to set a value upon his interest under such contract
or promise, and the Court is hereby required to ascertain the value thereof,
and to admit such person to prove the amount so ascertained , and to
receive dividends thereon .
Payments of 120. The Court, out of the estate and effects of the bankrupt, shall
assessed taxes.
order payment of all duties, rates, taxes and Crown rents due from the
bankrupt at the time of his bankruptcy.
One year's 121. The Court, out of the estate and effects of the bankrupt, shall
local rates
may be paid order payment of all such rates as may be due from him at the time of
in full.
his being adjudicated a bankrupt , provided such rates have become due
during the twelve months immediately preceding the bankruptcy .
Three months 122. When any bankrupt shall have been indebted , at the time of
wages or sal
ary to bepaid filing the petition for adjudication , to any servant or clerk of such bank
to clerks or
servants. rupt, in respect of the wages or salary of such servant or clerk, so much
as shall be so duc , not exceeding three months wages or salary, and not
exceeding five hundred dollars , may be paid to such servant or clerk out
of the estate of such bankrupt : and such servant or clerk may prove for
any sum exceeding such amount.
Fifty dollars 123. When any bankrupt shall have been indebted , at the time of
wages to be
paid to filing the petition for adjudication, to any labourerer or workman of such
labourer or
workman. bankrupt, in respect of the wages or labour of such labourer or workman,
so much as shall be so due, not exceeding fifty dollars may be paid to
ORDINANCE No. 5 OF 1864. 617
Bankruptcy and Insolvency.
such labourer or workman out of the estate of such bankrupt; and such
labourer or workman may prove for any sum exceeding such amount.
124. Where any person shall have been an apprentice to a bank Apprentices
to bankrupts
rupt at the time of the filing of the petition for adjudication , the filing of discharged
from their
such petition shall, unless all necessary parties shall consent in writing indentures.
that the indenture shall remain in force, be and enure as a complete
discharge of the indenture whereby such apprentice was bound ; and if
any sum shall have been really and bonâ fide paid , by, or on behalf of such
Court may
apprentice to the bankrupt, as an apprentice fee, the Court may upon
order any sum
proof thereof, order any sum to be paid out of the estate of the said bank to be paid in
respect of ap
rupt to, or for the use of such apprentice, which the Court shall think prentice fees.
reasonable, regard being had , in estimating such sum, to the amount of
the sum so paid by or on behalf of such apprentice , and to the time during
which such apprentice shall have resided with the bankrupt previous to
the filing of such petition.
125. Where there has been mutual credit given by the bankrupt and Mutual debts
and credits
any other person , or where there are mutual debts between the bankrupt may be set off
notwithstand
and any other person , the Court shall state the account between them, ingprior act of
bankruptcy.
and one debt or demand may be set against another, notwithstanding any
prior act of bankruptcy committed by such bankrupt, before the credit
given to or the debt contracted by him ; and what shall appear due on
either side on the balance of such account, and no more shall be claimed
or paid on either side respectively ; and every debt or demand hereby made
provable against the estate of the bankrupt, may also be set off in manner
aforesaid against such estate, provided the person claiming the benefit of
such set- off, had not when such credit was given , notice of an act of bank
ruptcy by such bankrupt committed .
126. Any person who shall have given credit to the bankrupt upon Deeds not
payable at the
valuable consideration for any money or other matter or thing whatsoever time of the
bankruptcy
which shall not have become payable when such bankrupt committed an may be prov
ed, deducting
act of bankruptcy , and whether such credit shall have been given upon rebate of in
terest.
any bill, bond, note , or other negotiable security, or not, shall be entitled
to prove such debt, bill , bond , note, or other security as if the same was
payable presently, and receive dividends equally with the other creditors ,
deducting only thereout a rebate of interest for what he shall so receive
at the rate of twelve per centum per annum, to be computed from the
declaration of a dividend to the time such debt would have become pay
able according to the terms upon which it was contracted .
618 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
Sureties and 127. Any person who at the time of filing a petition for adjudica
persons liable
for the debts tion, shall be surety or liable for any debt or demand of the bankrupt ,
of a bankrupt
may prove provable under this Ordinance , or bail for the bankrupt, either to the
after having
paid such sheriff or to the action , if he shall have paid the debt or demand or any
debt.
part thereof in discharge of the whole debt or demand , ( although he may
have paid the same after the filing of the petition for adjudication ) if the
creditor shall have proved his debt or demand under the bankruptcy, shall
be entitled to stand in the place of such creditor as to the dividends and
all other rights under the bankruptcy which such creditor possessed or
would be entitled to in respect of such proof: or if the creditor shall not
have proved, such surety or person liable, or bail, shall be entitled to
prove his demand in respect of such payment as a debt under the bank
ruptcy , not disturbing the former dividends , and may receive dividends
with the other creditors , although he may have become surety, liable, or
bail as aforesaid , after an act of bankruptcy committed by the bankrupt :
provided that such person had not when he became such surety or bail,
or so liable as aforesaid , notice of any act of bankruptcy by such bankrupt
committed .
Obligees in 128. The obligee in any bottomry or respondentia bond , and the
bottomry or
respondentia assured in any policy of insurance made upon good and valuable consid
bonds, and
assured in eration , shall be admitted to claim, and , after the loss or contingency
policy of
assurance shall have happened , to prove his debt or demand in respect thereof and
admitted to
claim and, receive dividends with the other creditors, as if the loss or contingency
after loss to
prove. had happened before the filing of the petition for adjudication against the
Persons effect. obligor or insurer : and the person effecting any policy of insurance upon
ing insurance
admitted to any ship or goods with any person , ( as a subscriber or underwriter )
prove loss.
having become or becoming bankrupt shall be entitled to prove any loss
to which such bankrupt shall be liable in respect of such subscription ,
although the person so effecting such policy was not beneficially interested
in such ship or goods , in case the person so interested is not within the
Colony.
Annuity 129. Any annuity creditor of any bankrupt by whatever assurance
creditors
admitted to his annuity be secured , and whether there be or be not any arrears of such
prove.
annuity due at the time of the bankruptcy, shall be entitled to prove for
the value of such annuity, which value the Court shall ascertain regard
being had to the original price given for such annuity , deducting there
from such diminution in the value thereof as shall have been caused by
ORDINANCE No. 5 or 1864. 619
Bankruptcy and Insolvency.
the lapse of time since the grant thereof to the time of the filing of the
petition for adjudication .
130. No person entitled to any annuity granted by any bankrupt , Sureties for
payment of
shall sue any person who may be collateral surety for the payment of such annuities
granted by
annuity, until such annuitant shall have proved against such bankrupt's bankrupt, in
what manner
estate for the value of such annuity and for the arrears thereof; and if such to come under
the bankrupt
surety, after such proof, pay the amount proved , he shall thereby be dis су.
charged from all claims in respect of such annuity ; and if such surety
shall not (before any payment of the annuity shall have become due after
the bankruptcy) pay the sum so proved , he may be sued for the accruing
payments of such annuity until the annuitant shall have been paid or
satisfied, the amount so proved, with interest thereon at the rate of twelve
per centum per annum from the time of notice of such proof, and of the
amount thereof, being given to such surety ; and after such payment or
satisfaction , such surety shall stand in the place of such annuitant, in
respect of such proof, to the amount so paid or satisfied by such surety,
and the discharge of such bankrupt, shall be a release to him , from all
claims of such annuitant, or of such surety in respect of such annuity ;
provided that such surety shall be entitled to credit , in account with such
annuitant, for any dividends received by such annuitant under the bank
ruptcy, before the surety shall have fully paid or satisfied the amount so
proved.
131. If any bankrupt shall, before the filing of a petition for adju Debt contin
gent at the
dication , have contracted any debt payable upon a contingency which time of the
filing of the
shall not have happened before the filing of such petition , the person with petition to be
provable for
whom such debt has been contracted may, if he think fit, apply to the the value
thereof ascer
Court to set a value upon such debt, and the Court is hereby required to tained by the
Court, or if
ascertain the value thereof, and to admit such person to prove the amount value not
ascertained
so ascertained , and to receive dividends thereon or if such value shall not before the
contingency
be so ascertained before the contingency shall have happened, then such hashappened,
then, after
person may, after such contingency shall have happened , prove in respect the contin
of such debt, and receive dividends with the other creditors not disturbing geney has
happene d the
amount of
any former dividends : provided such person had not , when such debt was debt may be
proved.
contracted , notice of any act of bankruptcy by such bankrupt committed .
132. If any bankrupt shall have incurred or become liable to, or Liability con
tingent at the
bound by any contract, covenant, or obligation , or subject to any duty, filing of the
petition may
either absolute or upon a contingency respectively, and either present or be admitted to
620 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
claim, and future, or whereby, or by reason or on breach whereof respectively he
after contin
gency has shall or may become liable, either absolutely or contingently, to pay
happened
and the de any money or damages , either liquidated or unliquidated , and either then
mand been
ascertained. or at some future time or times , and the demand in respect thereof shall
demand may
be proved. not have been ascertained before the filing of the petition for adjudication
in every such case, if such demand be not provable under any other provi
sion of this Ordinance, the person with or to whom such liability to pay
has been contracted or incurred may, if he think fit, apply to the Court
to set a value thereon ; and the Court is hereby required to ascertain the
value thereof, and to admit such person to prove the amount so ascertained
and to receive dividends thereon : or such person may ifhe think fit apply
to be admitted and shall be admitted to claim for such sum as the Court shall
think fit ; and after the contingency , if any, shall have happened , and the
demand in respect of such liability to pay , shall have been ascertained , he
shall be admitted to prove such demand , and receive dividends with the
other creditors , and so far as practicable, as if the contingency if any, had
happened and the demand had been ascertained before the filing of such
petition, but not disturbing former dividends ; provided that where any
such claim shall not have, either in whole or in part, been converted into
a proof within six months after the filing of the petition for adjudication,
it may, upon the application of the assignees at any time after the expira
tion of such time if the Court shall think fit , be expunged either in
whole or in part from the proceedings .
On bankrupt 133. If any agent intrusted with the possession of goods within
ey of agent
intrusted with the meaning of an Act of the Imperial Parliament passed in the Session
goods, but
which have holden in the fifth and sixth years of the reign of Her present Majesty
been pledged
byhim, owner intituled " An Act to amend the Law relating to advances bonâ fide made
may prove for
amount paid to Agents intrusted with goods , " shall have become bankrupt, the owner
to redeem, or
for value, if of any goods so intrusted to such agent, and which shall have been
the goods be
unredeemed. redeemed by such owner in manner provided by the said Act after having
been pledged by such agent , shall, in respect of the sum paid by him on
account of such agent for such redemption , be held to have paid such sum
for the use of such agent before his bankruptcy, or in case such goods
shall not be so redeemed , the owner shall be deemed a creditor of such
agent for the value of the goods so pledged at the time of the pledge, and
shall, if he think fit , be entitled in either of such cases to prove for or set
off the sum so paid , or the value of such goods, as the case may be.
ORDINANCE No. 5 OF 1864 . 621
Bankruptcy and Insolvency.
Interest upon
134. Upon every debt or sum certain payable at a certain time or
debts , when
otherwise, whereupon interest is not reserved or agreed for, and which provable,
though not
shall be overdue at the time of the filing of the petition for adjudication , reserved or
agreed for.
and provable thereunder the creditor shall be entitled to prove for interest,
to be calculated at a rate not exceeding twelve per centum per annum,
up to the date of the filing of such petition , from the time when such debt
or sum certain was payable, if such debt or sum be payable by virtue of
some written instrument at a certain time , or if payable otherwise, then
from the time when demand of payment shall have been made in writing,
so as such demand shall give notice to the debtor that interest will be
claimed from the date of such demand until the time of payment .
135. No creditor who has brought any action or instituted any suit Proving debt
to be an elec
against any bankrupt in respect of a demand prior to the adjudication , or tion not to
proceed
which might have been proved as a debt under the bankruptcy, shall prove against the
bankrupt by
a debt under such bankruptcy or have any claim entered upon the pro action.
ceedings without relinquishing such action or suit , and the proving or
claiming a debt under a petition for adjudication by any creditor shall be
deemed an election by such creditor to take the benefit of such petition
with respect to the debt so proved or claimed ; provided that such creditor
shall not be liable to the payment to such bankrupt or his assignees, of
the costs of such action or suit , so relinquished by him, and that where
any such creditor shall have brought an action or suit against such bank
rupt jointly with any other person, his relinquishing such action or suit
against the bankrupt, shall not affect such action or suit against such other
person : provided also that any creditor who shall have so proved or
claimed , if the petition for adjudication be afterwards dismissed may
proceed in the action as if he had not so proved or claimed .
136. No creditor having security for his debt, shall receive upon Creditors
having secur
any such security more than a rateable part of such debt, except in respect it not to
receive more
of any execution or extent served and levied by seizure and sale upon, or than other
creditors .
any mortgage of or lien upon any part of the property of such bankrupt
before the filing of the petition for adjudication .
137. The Court may at any time expunge or reduce a proof of debt How proof
may be ex
on such application and such evidence as it shall think fit, and for the punged.
purpose may summon and examine upon oath or otherwise any person
who shall have proved together with any person whose evidence may
appear to the Court to be material either in support of, or in opposition
622 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
to , such debt, and may make such order as to the costs of any application
in that behalf as it shall see fit.
Order of 138. Fourteen days after any bankrupt, shall have passed his last
discharge .
examination, the Court may make an order to be called an order of dis
charge, and such order shall thereupon take effect from the date thereof
except the same be suspended as hereinafter provided .
To discharge 139. When the order of discharge shall take effect it shall , subject
bankrupt
from all to any condition mentioned therein , discharge the bankrupt from all debts ,
claims prov
able under claims and demands provable under his bankruptcy, and from the effects
his bank
ruptcy. of any process issuing out of any Court for contempt of any Court for
non-payment of money, or of costs or expenses in any Court, and from all
costs which he would be liable to pay in consequence of or on purging his
contempt and any bankrupt in custody under any such process as afore
said shall on obtaining his discharge be entitled to be discharged from such
custody forthwith.
Bankrupt not 140. No bankrupt after the order of discharge shall take effect shall
liable under
contracts, &c., be liable to pay or satisfy any debt , claim or demand provable under the
made after
filing petition bankruptcy, or any part of such debt, claim or demand upon any contract ,
for adjudica
tion. promise or agreement made after the filing of the petition for adjudication.
If bankrupt 141. If the assignee or any creditor shall allege, and if the Court
guilty of
misdemeanor, without such allegation shall be of opinion , that there is ground for
Court may
suspend or charging the bankrupt with acts or conduct amounting to a misdemeanor
refuse order
of discharge. under this Ordinance , the Court may direct the Attorney General to
prosecute such bankrupt under this Ordinance ; and in any such case the
order of discharge of such bankrupt shall not be granted until after the
trial of such bankrupt, and may thereupon be granted or wholly refused
or suspended from taking effect or be granted upon such conditions as the
Court shall think fit.
If bankrupt 142. If it shall appear to the Court that the bankrupt has carried
carried on
trade by ficti on trade by means of fictitious capital, or that he could not at the time
tions capital,
Court may when any of his debts were contracted have had any reasonable or prob
refuse or
suspend order. able ground of expectation of being able to pay the same, or that he has
with intent to conceal the true state of his affairs wilfully omitted to keep
proper books of account, or that his bankruptcy is attributable to rash
and hazardous speculation or unjustifiable extravagance in living, or that
he has put any of his creditors to unnecessary expense by frivolous or
ORDINANCE No. 5 of 1864 . 623
Bankruptcy and Insolvency.
vexatious defence to any action or suit to recover any debt or money due
to him , the Court may either refuse an order of discharge or may suspend
the same from taking effect for such time as it shall think fit, or may
grant an order of discharge subject to any conditions touching any salary,
pay, emoluments, profits, wages , earnings or income which may afterwards
become due to the bankrupt, and touching after-acquired property of the
bankrupt, as it shall think fit or may sentence the bankrupt to be impri
soned for any period not exceeding one year.
143. If after the order of discharge of such bankrupt shall have taken Effect oforder
of discharge.
effect, he be arrested , or if any action be brought against him for any debt,
claim or demand provable under the bankruptcy, he shall be discharged
upon entering an appearance and may plead that the cause of action
.
accrued before he became a bankrupt.
144. If a bankrupt after the order of discharge shall take effect Release of
bankrupt
shall be arrested or detained in custody for a debt claim or demand when arrested
after dis
provable under his bankruptcy where judgment has been obtained before charge.
the order of discharge shall take effect, the Court shall on proof of the
order of discharge and unless there appear good reason to the contrary
direct the officer who has the bankrupt in custody to discharge him, which
shall be done without fee .
145. The order of discharge shall not release or discharge any person Effect of
order in case
who was a partner with bankrupt at the time of the bankruptcy , or was of putners.
then jointly bound or had any joint contract with him.
146. Any contract , covenant or security made or given by a bank Contract or
security with
rupt or other person with or to or in trust for any creditor for securing intent to in
duce creditor
the payment of any money as a consideration or with intent to persuade to forbear
opposition
the creditor to forbear opposing the order of discharge, or to forbear to void,
petition for a rehearing of or to appeal against the same, shall be void , and
any money thereby secured or agreed to be paid , shall not be recoverable,
and the party sued on any such contract or security may plead in general
that the cause of action accrued pending proceedings in bankruptcy, and
may give this Ordinance and the special matter in evidence : Provided
that no such security if a negotiable security shall be void as against a
bona fide holder thereof, for value without notice of the consideration for
which it was given.
624 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
Penalty for 147. If any creditor of a bankrupt shall obtain any sum of money,
obtaining
money or or any goods, chattels or security for money from any person as an induce
goods as an
inducement ment for forbearing to oppose, or for consenting to the discharge of, such
to forbear
opposing bankrupt or to forbear to petition for the recall of the same, every such
order of dis
charge. creditor, so offending, shall forfeit and lose for every such offence the
treble value or amount of such money, goods, chattels or security
obtained .
Rehearing of 148. The order of discharge whether suspended or not shall not be
order of
discharge . reviewed by the Court unless the Court see good cause to believe that the
order was obtained on false evidence or by reason of the suppression of
evidence or otherwise fraudulently : in any of which cases the Court may,
if it think fit upon the application of a bankrupt or of a creditor who has
proved and subject to such deposit for costs , and to such notices by
advertisement or otherwise, as the Court shall think fit, grant a rehearing
of the matter and rehear it accordingly, and upon rehearing the Court
shall make such order as shall seem just as in like manner it might upon
an original hearing.
If order sus 149. If on such rehearing the Court shall annul or suspend the
pended on
rehearing order of discharge, all persons having bona fide become creditors of the
subsequent
creditors to bankrupt between the time the discharge took effect and the time of its
prove first
against sub being annulled or suspended on rehearing, shall as against any property
sequent pro
perty. acquired by the bankrupt during the same period, and in priority to the
original creditors , be admitted to prove and have dividends under the
bankruptcy .
Form oforder. 150. The order of discharge shall be in such form as General Orders
shall direct , and shall be under the hand of the ChiefJustice and the seal
Notice to be of the Court ; and notice of the granting thereof shall be advertised in the
advertised.
Hongkong Government Gazette .
As to Dividend.
Dividend. 151. As soon after the adjudication as the Court shall appoint there
shall be submitted to a meeting of creditors to be called for that purpose,
and to be held before such officer as the Court shall appoint, of which
meeting ten days ' notice shall be given in the Hongkong Government
Gazette and in such other newspapers as the Court may direct, a state
ment of the whole estate of the bankrupt, as then ascertained, of the
property recovered , and of the property outstan ling, specifying the cause
ORDINANCE No. 5 OF 1864 . 625
Bankruptcy and Insolvency.
of its being so outstanding, and of all the receipts, and of all payments
#
thereout , made or to be made ; and the Official Assignee shall , and any
creditor who has proved may , attend and examine such statement, and
compare the receipts with the payments ; and upon ascertaining what
balance is then standing to the credit of the estate, the meeting shall by
resolution, declare whether any and what part of the net produce of the
estate, after making a reasonable deduction for future contingencies , shall
be divided amongst the creditors . At the same meeting the majority in
value of the creditors present shall determine whether any, and what ,
allowance shall be made to the bankrupt out of his estate, if he has
obtained or shall obtain his discharge .
152. If upon such examination it shall appear that any Creditors' Assignee not
to keepmoney
in his hands.
Assignee has kept in his hands at any time during the space of one week
more than the sum of five hundred dollars belonging to the estate, the
creditors may upon establishing such fact to the satisfaction of the Court ,
and if the assignee shall not show cause to the contrary, debit such
assignee with interest for the amount so kept, at any rate not exceeding
twenty-five per centum by the year, for the time such moneys were kept
in his hands .
Provision to
153. In the calculation of a dividend it shall be imperative to make be made for
creditors
provision for debts which shall appear from the bankrupt's balance sheet
residing at a
or schedule to be due to persons resident in places so distant from the distance, and
for pending
Court, that in the ordinary course of communication, they have not had claims.
sufficient time to tender their proofs , or to establish them if disputed :
and also for debts the subject of claims not yet determined by the Court.
Joint and
154. In every case where joint and separate estates have to be
separate
administered and where the Court shall not otherwise direct , dividends dividend
sittings.
of the joint and separate estates shall be declared at one and the same
sitting, and notice of the time appointed for such dividends when adverti
sed, shall be given in one and the same advertisement and the costs,
charges , and expenses of and incident to the sitting shall be apportioned
by the assignee between the joint and separate estates as may appear to
be fair and reasonable, having regard to the work done for, and the
benefit received by each estate.
155. Within ten days after such meeting or within such further Dividend list
tobe prepared
time as the Court may allow, the Official Assignee shall prepare lists of by Official
Assignee.
creditors entitled to dividend, and shall calculate and set opposite to the
626 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
name of each creditor who has proved under the estate ( subject to the
provision herein contained as to dividends reserved ) the dividend to
which he is entitled out of the net produce of the estate so set apart for
a dividend, and shall forward by post to every such creditor a statement
of the dividend to which he is so entitled and such dividends shall be
paid in such manner as General Orders shall direct .
Proceedings 156. Proceedings for the making up and auditing of the accounts
for paying
dividends to of the estate and the declaration and payment of a dividend shall con
be had until
the whole of tinue to be had until the whole of the estate is divided amongst the
the estate is
divided. creditors and a dividend is declared to be final : provided that it shall be
lawful for the majority in value of the creditors present at any meeting
as aforesaid to postpone the period of declaring a dividend , or at any
time in declaring a second dividend to declare also that such second
dividend shall be final unless any action at Law or suit in Equity be
depending, or any part of the estate be standing out not sold or disposed
of, or unless some other estate or effects of the bankrupt shall afterwards
come to the assignee, in which case he shall, as soon as may be, convert
such estate and effects into money , and within two months after the
same shall be so converted , the same shall also be divided in manner
aforesaid .
Effect of 157. When a final dividend shall have been paid the Creditors'
assignee cer
tificate . Assignee may apply to the Court for a certificate and if the Court shall
grant such certificate it shall operate to release the Creditors' Assignee
from all claims and demands of the creditors or of any person who might
have proved under the bankruptcy, subject nevertheless to such con
ditions if any as shall be expressed in such certificate.
Unclaimed 158. Every Creditors ' Assignee shall, before he shall have obtained
dividends,
&c., to be his certificate, transmit to the Official Assignee a list of unclaimed div
paid into the
Treasury. idends on the estate , and of all debts remaining due to the estate, under
his hand, and shall pay all moneys and other estate of the bankrupt
then in his hands into the Colonial Treasury to the credit of the estate.
Official 159. Where the Creditors ' Assignee has obtained his certificate,
Assignee to
act after the Official Assignee shall, as to any estate and effects of the bankrupt
discharge of
Creditors' not realised at the date of such certificate, and as to all debts then re
Assignee.
maining uncollected , and which shall not have been sold in manner
herein provided , and as to any future acquired property of the bank
ORDINANCE No. 5 OF 1864. 627
Bankruptcy and Insolvency.
rupt, if made liable to the creditors under the conditions of discharge,
represent the estate in all respects as the sole assignee thereof, and shall
have and exercise all the rights , duties, powers and authorities , conferred
by this Ordinance upon Official and Creditors ' Assignees .
160. In all joint petitions for adjudication under which any partner One partner
may receive
shall have obtained his discharge, if a sufficient dividend shall have been allowance
although
paid upon the joint estate and upon the separate estate of such partner, other not
entitled .
he shall be entitled to his allowance, although the other partner may not
be entitled to any allowance.
161. If the produce of the estate of any bankrupt shall be sufficient If produce of
estate pay in
to pay in full, and interest as hereinafter mentioned, and to leave a full and leave
surplus, such
surplus, the Court may order such surplus to be paid to such bankrupt, surplus to be
paid to bank
his exccutors , administrators or assigns ; and every such bankrupt shall rupt after
payment of
be entitled to recover the remainder if any of the debts due to him ; but interest on
debts .
such surplus shall not be paid until all the creditors who have proved ,
shall have received interest upon their debts to be calculated and paid at
the rate and in the order following ; viz .: all creditors whose debts are by
law entitled to carry interest in the event of a surplus , shall first receive
interest on such debts at the rate of interest reserved or by law payable
or provable thereon , to be calculated from the date of the filing of the
petition for adjudication ; and after such interest shall have been paid :
all other creditors who have proved shall receive interest on their debt
from the date of such petition at the rate of twelve per centum per
annum.
As to trust deeds for the benefit of Creditors.
162. If any person shall execute any conveyance or assignment by
months con
deed of all his estate and effects to a trustee or trustees for the benefit ofall veyance of
all debtors'
the creditors of such person, the execution of such deed shall not be deemed property not
an act of
an act of bankruptcy unless a petition for adjudication be filed within bankruptcy,
provided
three months from the execution thereof, provided that the conditions certain
formalities
which are herein ordained to be observed with regard to every deed or are complied
with.
instrument made or entered into between a debtor and his creditors or
any of them as trustee for the rest or a trustce on their behalf, have been
observed in any such conveyance or assignment by deed.
163. Every deed or instrument made or entered into between a What deeds
to be valid
debtor and his creditors or any of them, as trustees for the rest, or a and upon
628 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
what condi trustee on their behalf, relating to the debts or liabilities of the debtor,
tions.
and his release therefrom , or the distribution , inspection , management ,
and winding up of his estate, or any of such matters, shall be as valid
and effectual and binding on all the creditors of such debtor as if they
were parties to, and had duly executed the same, provided the following
conditions be observed ; that is to say:
1. If such deed provides for the conveyance of the estate of the
debtor other than and except such portion thereof as shall not exceed in
value the sum of one hundred dollars :
2. If a majority in number, representing three-fourths in value, of
the creditors of such debtor whose debts shall respectively amount to
fifty dollars and upwards shall , before or after the execution thereof by
the debtor in writing assent to or approve of such deed or instrument :
3. If the trustee or trustees shall execute the same :
4. If the execution of such deed or instrument by the debtor shall
be attested by a barrister-at-law, an attorney, or a solicitor :
5. If within twenty-eight days from the day of the execution of
such deed or instrument by the debtor the same shall be produced and
left at the office of the Registrar for the purpose of being registered :
6. If together with such deed or instrument there shall be delivered
into the said office an affidavit by the debtor or some person able to
depose thereto, or a certificate by the trustee or trustees, that a majority in
number, representing three-fourths in value of the creditors of the debtor,
whose debts amount to fifty dollars or upwards have in writing assented
to or approved of such deed or instrument, and also stating the amount
in value of the property and credits of the debtor comprised in such deed .
7. Immediately on the execution thereof by the debtor , possession
of all the property comprised therein , of which the debtor can give or
order possession shall be given to the trustees.
Particulars 164. The date , names and descriptions of the parties to every such
of deed to be
entered by. deed or instrument, not including the creditors , together with a short
statement of the nature and effect thereof, shall be entered by the Reg
istrar in a book to be kept exclusively for the purposes of such registration .
Such entry shall be made within forty- eight hours after the deed shall
ORDINANCE No. 5 OF 1864. 629
Bankruptcy and Insolvency.
have been left at the office as aforesaid , and a copy of such entry shall be Copy of entry
to be publish
published in the Hongkong Government Gazette as soon as reasonably ed in the
Hongkong
can be done after, but in no case later than ten days from, the time of Government
Gazette.
making such entry .
165. Every deed , instrument, or agreement whatsoever , made and Deed to be
registered in
executed by which a debtor not being a bankrupt conveys or covenants the Court and
in default
or agrees to convey his estate and effects except such portion thereof as not to be
received in
aforesaid for the benefit of his creditors , or makes any arrangement or evidence.
agreement with his creditors or any person on their behalf for the dis
tribution , inspection , conduct, management, or winding up of his affairs
or estate, or the release or discharge of such debtor from his debts or
liabilities , shall, within twenty-eight days from and after the execution
thereof by such debtor or within such further time as the Court shall
allow, be registered in the Court : and in default thereof shall not be
received in evidence.
166. Every such deed on being so registered as aforesaid , shall Memorandum
of registra
have a memorandum thereof written on the face of such deed, stating the tion.
day and the hour of the day at which the same was brought into the
office of the Registrar for registration .
167. From and after the registration of every such deed or instru Jurisdiction
of the Court
ment in manner aforesaid , the debtor and creditors, and trustees parties and rights
and liabilities
to such deed, or who have assented thereto or are bound thereby , shall of the parties
after registra
in all matters relating to the estate and effects of such debtor be subject
to the jurisdiction of the Court, and shall respectively have the benefit of
and be liable to all the provisions of this Ordinance, in the same or like
manner as if the debtor had been adjudged bankrupt, and the creditors
had proved and the trustees had been appointed Creditors ' Assignees
such
under such bankruptcy : and the existing or future trustees of any
deed or instrument and the creditors under the same, shall as between
themselves respectively, and as between themselves and the debtor and
against third persons , have the same powers, right and remedies, with
respect to the debtor and his estate and effects, and the collection and
recovery of the same, as are possessed or may be used or exercised by
assigness or creditors with respect to the bankrupt, or his acts, estate
and effects in bankruptcy : and, except where the deed shall expressly
provide otherwise , the Court shall determine all questions arising under
the deed according to the law and practice in bankruptcy so far as they
630 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
may be applicable, and shall have power to make and enforce all such
orders as it would be authorized to do if the debtor in such deed had been
adjudged bankrupt and his estate were administered in bankruptcy.
Protection of 168. After the copy of the entry made by the Registrar as aforesaid
debtor after
notice of shall have been published in the Hongkong Government Gazette no
registration,
respect of any
&c., of deed. execution , or other process against the debtor's property in
debt, and no process against his person in respect of any debt, other than
such process by writ or warrant as may be had against a debtor about to
depart out of the Colony shall be available to any creditor or claimant
without leave of the Court : and a certificate of the filing and registration
of such deed under the hand of the Registrar and the seal of the Court
shall be available to the debtor for all purposes as a protection in bank
ruptcy.
Stay of pro 169. In case any petition shall be presented for an adjudication
ceedings in
bankruptcy against a debtor after his execution of such deed or instrument as is
after execu
tion of deed hereinbefore described and pending the time allowed for the registration
pending time
allowed for of such deed or instrument, all proceedings under such petition may be
its registra
tion. stayed if the Court shall think fit : and in case such deed or instrument
shall be duly registered as aforesaid the petition shall be dismissed .
Provision in 170. If a debtor cannot obtain the assent of a majority in number
case debtor
cannot obtain representing three - fourths in value, of his creditors, by reason of his
requisite
assent of being unable to ascertain by whom bills of exchange, promissory notes,
creditors.
or other negotiable securities accepted, drawn, made, or endorsed by him
.
are holden, or by reason of the absence of creditors in a foreign country
or other similar circumstances, it shall be sufficient if he obtain the
consent of a majority in number representing three-fourths in value of all
his other creditors to such deed or instrument as aforesaid : Provided
that notice shall have been inserted by or on behalf of the debtor in one
or more newspapers published in the Colony or place at which he shall
have carried on business immediately prior to the date of such deed or
instrument , requiring his creditors to signify their assent to or dissent
from such deed or instrument by notice in writing addressed to the
trustee or trustees thereof within fourteen days from the insertion of such
notice, and that the affidavit or certificate of the trustee or trustees shall
state the circumstances of the case, and the same shall be allowed by the
Court, and if the deed or instrument be in such form as is hereinbefore
provided which shall vest all the estate and effects of the debtor in the
ORDINANCE No. 5 OF 1864 . 631
Bankruptcy and Insolvency.
trustees of such deed, and provided that all such other conditions as are
hereinbefore required be duly complied with .
As to misdemeanors under this Ordinance.
171. From and after the commencement of this Ordinance any Penalty on
persons guilty
bankrupt who shall do any of the acts or things following with intent to of mis
demeanors
defraud or defeat the rights of his creditors , shall be guilty of a misde herein named.
meanor, and shall be liable at the discretion of the Court before which
he shall be convicted to be imprisoned for any period not exceeding
three years .
1. If he shall not upon the day limited for his surrender, and before
three of the clock of such day, or at the hour and upon the day allowed
him for finishing his examination , after notice thereof in writing to be
served upon him personally or left at his usual or last known place of
abode or business, and after the notice herein directed in the Hongkong
Government Gazette surrender himself to the Court ( having no lawful
impediment allowed by the Court ) and sign and subscribe such surrender,
and submit to be examined before such Court from time to time :
2. If he shall not upon his examination fully and truly discover , to
the best of his knowledge and belief all his property , real and personal ,
inclusive of his rights and credits, and how and to whom , and for what
consideration , and when he disposed of, assigned , or transferred any part
thereof, except such part as has been really and bona fide before sold or
disposed of in the way of his trade or business , if any, or laid out in the
ordinary expense of his family, or shall not deliver up to the Court or
dispose as the Court directs of all such part thereof as is in his possession ,
custody, or power, except the necessary wearing apparel of himself, his
wife , and children ; and deliver up to the Court all books , papers and
writings in his possession , custody or power relating to his property or
affairs :
3. If he shall after any act of bankruptcy upon which adjudication
has been granted, with intent to defraud his creditors, remove, conceal or
embezzle any part of his property to the value of fifty dollars or upwards :
4. If in case of any person having to his knowledge or belief proved
a false debt under his bankruptcy, he shall fail to disclose the same to
his assignees within one month after coming to the knowledge or belief
thereof:
632 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
5. If he shall, with intent to defraud, wilfully and fraudulently omit
from his schedule any effects or property whatsoever :
6. If he shall, after the filing of the petition for adjudication , with
intent to conceal the state of his affairs, or to defeat the object of the law
of bankruptcy conceal, prevent, or withhold the production of any book ,
deed, paper or writings relating to his property, dealings or affairs :
7. If he shall , after the filing of the petition for adjudication , or
within three months next before adjudication , with intent to conceal the
state of his affairs , or to prevent the fair distribution of his property
among his creditors , part with, conceal , destroy , alter, mutilate, or falsify,
or cause to be concealed , destroyed , altered , mutilated , or falsified, any
book, paper, writing, or security, or document relating to his property ,
trade dealings, or affairs, or make or be privy to the making of any false
or fraudulent entry or statement in or omission from any book, paper,
document or writing, relating thereto :
8. If within the like time he shall, knowing that he is at the time
unable to meet his engagements , fraudulently and with intent to diminish
the sum to be divided amongst his creditors , have made away with,
mortgaged , encumbered, or charged any part of his property, of what
kind soever, or if after adjudication he shall conceal from the Court or
his assignee any debt due to or from him :
9. If he shall , with intent to defraud his creditors , within three
months next before the filing of the petition for adjudication , pawn,
pledge or dispose of, otherwise than by bona fide transactions in the
ordinary way of his trade, or of his goods or chattels which have been
obtained on credit and remain unpaid for:
10. If he shall , with intent to defraud his creditors, after the filing
of any petition for adjudication by or against him, pay money to any
creditor in satisfaction or security for his debt or for any part thereof,
whereby such creditor may receive more in the pound in respect of his
debt than the other creditors .
False 172. Any person who shall upon any examination upon oath or
evidence.
affirmation , or in any affidavit or deposition under this Ordinance, wilfully
and corruptly give false evidence, or wilfully and corruptly swear or affirm
anything which shall be false, being convicted thercof, shall be liable to
the penalties of wilful and corrupt perjury .
ORDINANCE No. 5 OF 1864 . 633
Bankruptcy and Insolvency.
173. If any person shall refuse to be sworn, or shall refuse to Any person
refusing to be
answer any lawful question put by the Court, or shall not fully answer Sworn or
refusing to
any such question to the satisfaction of the Court, or shall refuse to sign answer or not
fully answer
and subscribe his examination when reduced into writing (not having ingorrefusing
to sign
any lawful objection allowed by the Court ) or shall not produce any examination
or to produce
books , papers , deeds and writings , or other documents in his custody or books, &c.,
may be d
power, relating to any of the matters under inquiry, which such person is committe .
required by the Court to produce, and to the production of which he
shall not state any objection , allowed by the Court , it shall be lawful for
the Court by warrant to commit such person to prison , there to remain
without bail until he shall submit himself to the Court to be sworn, and
full answers make to the satisfaction of the Court, to all such lawful
questions as shall be put by the Court, and sign and subscribe such
examination, and produce such books , papers , deeds , writings and other
documents in his custody or power, to the production of which no such
objection as aforesaid has been allowed.
174. If any assignee shall retain in his hands for more than Assignee
disobeying
one week or employ for his own benefit, or knowingly permit any direction
pay or invto
est
co-assignee so to retain or employ any sum to the amount of more than money, and
retaining it.
three hundred dollars , part of the estate of any bankrupt , or shall neglect or permitting
co-assignee to
to invest any money when directed by the Court, every such assignee shall retain or
employ it to
be liable to be charged in his account with such sum as shall be equal to be charged
with 25 per
interest at the rate of twenty-five per centum per annum on all such cent.
moneys for the time during which he shall have so retained or employed
the same or permitted the same to be so retained or employed , or during
which he shall so have neglected to invest the same : and the Court is
hereby required to charge every such assignee in his account accordingly.
175. Ifany petitioning creditor shall , after adjudication , receive any Petitioning
creditor
money, satisfaction or security for his debt or any part thereof, whereby compounding
with debtor
such petitioning creditor may receive more in the pound in respect of his after
adjudication.
debts than the other creditors , such petitioning creditor shall forfeit his
whole debt, and shall also repay or deliver up such money, satisfaction
or security , or the full value thereof to the assignee or assignees , of such
bankrupt for the benefit of the creditors of the bankrupt.
176. Any person who shall wilfully conceal any real or personal Concealing
bankrupt's
estate of the bankrupt and who shall not within forty-two days after the effects.
filing of the petition for adjudication, discover such estate to the Court or
634 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
to the assignees , shall forfeit the sum of five hundred dollars , and double
Allowance to
the value of the estate so concealed : and any person who shall after such
persons
making time voluntarily discover to the Court or to the assignees any part of
discovery.
such bankrupt's estate not before come to the knowledge of the assignees ,
shall be allowed five per centum thereupon, and such further reward as
the assignees with the consent of the Court shall think fit ; to be paid out
of the estate recovered on such discovery.
Inserting 177. Any person who shall insert or cause to be inserted in the
advertise
ments Hongkong Government Gazette or in any newspaper any advertisement
without
authority. under this Ordinance, without authority or knowing the same to be false
in any material particular, shall be guilty of a misdemeanor, and upon
conviction shall be liable to be imprisoned for any term not exceeding two
years .
Moneyforfeit 178. All sums of money forfeited under this Ordinance may be sued
ed under this
Ordinance , for by the Creditors ' Assignee or such other person as the Court shall by
how to be
sued for. order direct. And the money so recovered ( the charges of suit being
And how
applied. deducted) shall be paid over in such manner as the Court shall by General
Order direct .
As to Notices and Advertisements.
What notices 179. All notices by this Ordinance or by General Order required
to be sent by
post. to be served on any person shall be sent by post addressed to the last
known place of business or abode of such person, subject to such
regulations as to registration and otherwise as such General Orders shall
Proviso. direct, provided that this present section shall not apply to or affect notices
by this Ordinance or by any General Order required to be personally
served.
As to Evidence.
Petitions and 180. Any petition for adjudication, or arrangement, adjudication of
other
proceedings bankruptcy, assignment, appointment of Official or Creditors ' Assignee,
in bank
ruptcy, and certificate, deposition , or other proceeding or order in bankruptcy, or
copies
purporting to under any of the provisions of this Ordinance, appearing to be sealed with
be sealed with
the seal of the seal of the Court under this Ordinance, or any writing purporting to
the Court
admissible in be a copy of any such document and purporting to be so sealed , shall at
evidence.
all times, and on behalf of all persons, and whether for the purposes of
this Ordinance or otherwise, be admitted in all Courts whatever as ev
idence of such documents respectively, and of such proceedings and orders
ORDINANCE No. 5 OF 1864. 635
Bankruptcy and Insolvency.
having respectively taken place or been made, and be deemed respectively
records of such Court, without any further proof thereof; and no such
copy shall be receivable in evidence unless the same appear to be so sealed ,
except where otherwise in this Ordinance specially provided : Provided
that any document , petition or proceedings in any adjudication of insol
vency filed or taken and entered of record under Ordinance No. 3 of 1846
purporting to have been scaled before the commencement of this Ordi
nance or purporting to have been signed by the person duly authorised to
sign the same, and copies of the same, shall be received in all Courts
whatever as evidence of such petition , document, or proceedings , and of
such proceedings having taken place and entered of record .
181. The proper officer of the Court shall, on the reasonable request Officer of
Court to
of any bankrupt or arranging debtor, or of any creditor of such bankrupt produce
proceedings
having proved his debt, or of an arranging debtor, when the debt of the and give
evidence
arranging creditor has been admitted in the petition or proved , or on the thereof.
request of the attorney of any such bankrupt, debtor or creditor, produce
and show to such bankrupt, debtors or creditors at such time as the Court
shall direct, every petition for adjudication of bankruptcy, adjudication of
bankruptcy, and petition for arrangement against or by such bankrupt ,
and all orders and proceedings under any such petition or adjudication ,
and the Court shall order the Official Assignee or officer of the Court, as
the case may be, to permit such bankrupt, debtor or creditor to have
inspection, at all reasonable times , of all books , papers and writings
relating to the matters of such petition or adjudication, and the estate of
bankrupt or debtor in the possession of the assignees or filed in Court in
such matter and permit him to inspect and examine the same ; and such
Official Assignee , or such officer shall provide for any such bankrupt,
debtor, creditor or attorney, requiring the same an office copy of such
petition or other proceeding, books , papers and writings as aforesaid , or of
such part thereof as shall be required , receiving such fee or sum or rate
of charge as may be authorised in that behalf.
182. If the bankrupt shall not if he were within the Colony at the If bankrupt
do not dispute
date ofthe adjudication within two calendar months after the advertisement the petition
the Gazette
of the bankruptcy in the Hongkong Government Gazette, or if he were to be
conclusive
elsewhere at the date of such adjudication within twelve months after such evidence of
bankruptcy
advertisement, have commenced an action, suit or other proceeding to as against
the bankrupt
dispute or annul the petition for adjudication , and shall not have prosecuted
636 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
and against the same with due diligence and with effect, the Gazette containing such
persons whom
the bankrupt advertisement shall be conclusive evidence in all cases as against such
might have
sued had he
not been bankrupt, and in all actions at Law or suits in Equity brought by the
adjudged assignees for any debt or demand for which such bankrupt might have
bankrupt.
sustained any action or suit had he not been adjudged bankrupt, that
such person so adjudged bankrupt became a bankrupt before the date and
filing of the petition for adjudication , and that such petition was filed on
the day on which the same is stated in the Gazette to bear date.
Advertise
· ment when 183. A copy of the Hongkong Government Gazette and of any
evidence. newspaper containing any such advertisement as is by this Ordinance
directed or authorised to be made therein respectively , shall be evidence
of any matter therein contained , and of which notice is by this Ordinance
directed or authorised to be given by such advertisement .
On death of 184. In the event of the death of any witness deposing to the peti
witness office
deposition or tioning creditors debt, or act of bankruptcy, or under any petition for
Copy thereof
tobe evidence. arrangement, the deposition of any such deceased witness , purporting to
be sealed with the seal of the Court, or a copy thereof purporting to be so
sealed, shall in all cases be received as evidence of the matters therein
respectively contained .
Persons com
185. All persons competent and compellable to give evidence in any
petent to give
evidence. Court of Law in the Colony shall be competent and compellable to give
evidence in any matter or proceeding arising under this Ordinance.
Judicial 186. All Courts , Judges, Justices, and persons judicially acting,
notice to be
taken of and other officers , shall take judicial notice of the signature of any Judge,
signature of
Judgeorother assignee or other officer of the Court, and of the seal of the Court , sub
officer and
scal of Court. scribed or attached to any judicial or official proceeding or document to
be made or signed under the provisions of this Ordinance.
Forging 187. If any person shall forge the signature of any Judge or of the
signature of
Judge orother Official Assignee , or other officer of the Court, or shall forge or counterfeit
officer or the
seal of the the seal of the Courts , or knowingly concur in using any such forged or
Court, &c.,
felony. counterfeit signature or seal, for the purpose of authenticating any proceed
ing or document, or shall tender in evidence any such proceeding or
document with a false or counterfeit signature of any such Judge, Official
Assignee, or other officer, or a false or counterfeit seal of the Court,
subscribed or attached thereto , knowing such signature or seal to be false
or counterf.it , every such person shall be guilty of felony , and shall be
ORDINANCE No. 5 OF 1864 . 637
Bankruptcy and Insolvency.
liable to be indicted and on conviction to be imprisoned and kept to hard
labour for any time not exceeding two years.
Evidence as
188. A copy of any petition filed in any Court having jurisdiction
to insolvency.
for the relief of insolvent debtors , or in bankruptcy , in any of Her Majesty's
Dominions , Colonies or Dependencies, and ofany vesting order, schedule,
order of adjudication or other proceedings, purporting to be signed by the
officer in whose custody the same shall be or his deputy , certifying the
same to be a true copy of such petition , vesting order, schedule , order of
adjudication , or other order or proceedings, and appearing to be sealed
with the seal of such Court, shall at all times be admitted under this
Ordinance as sufficient evidence of the same , and of such proceedings
respectively having taken place, without any other proof whatever given
of the same .
As to Affidavits, Declarations, and Affirmations.
189. Any affidavit, declaration or affirmation required to be sworn or made in Affidavits,
declarations, &c...
relation to any matter under this Ordinance may be lawfully sworn before whom to
be sworn.
Before the Court or before any officer appointed by the Court for that purpose,
or before a Magistrate :
In any colony, island, plantation, or place under the dominion of Her Majesty,
before any Court, Judge, or person lawfully authorised to take and receive affida
vits, declarations, or affirmations :
In any foreign parts out of Her Majesty's dominions, before a Judge or Magis
trate, his signature being authenticated by the official seal of the Court to which
he is attached , or by a public notary, or before a British Minister, Consul or
Vice- Consul:
And every such Court, Judge, officer, or other person is hereby authorised and Judicial notice of
seal or signature
required to administer the oath upon any such affidavit or to take such affirmation or thereto.
declaration ; and all Courts, Judges, Justices, officers and persons acting judicially shall
take judicial notice of the seal or signature (as the case may be) of any such Court,
Judge, officer or other person, attached, appended, or subscribed to any such affidavit
or declaration, or to any other document to be used for the purposes of this Ordinance.
[ Repealed by Ordinance No. 9 of 1864 and new section substituted . ]
190. Any affidavit of any prisoner in Hongkong, to be used in any Affidavits by
prisoners .
matter under this Ordinance may be sworn before the gaoler of such prison,
and every such gaoler is hereby required and authorised to administer the
oath upon any such affidavit without fee or reward .
638 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
As to Costs.
[ Section and heading before section 191 (192) inserted by Ordinance
No. 9 of 1864 and remaining sections re- numbered as in brackets. ]
Court may 191. ( 192. ) In all cases where it shall be made to appear to the
grant search
warrant. satisfaction of the Court that there is reason to suspect and believe that
any property of any bankrupt is concealed in any house or other place not
belonging to such bankrupt, the Court may grant a search warrant to any
person appointed by the Court, and it shall be lawful for such person and
his assistants to execute such warrant according to the tenor thereof: and
such person shall be entitled to the same protection as is allowed by law
in execution of a search warrant for property reputed to be stolen or
concealed .
Authority to 192. ( 193. ) Any person appointed by the Court and his assistants,
break open
house, &c. acting under warrant of the Court may break open any house, chamber.
shop, warehouse , door, trunk or chest of the bankrupt where such bank
rupt or any of his property is reputed to be and seize upon the body or
property of such bankrupt : and if the bankrupt be in prison or in custody
it shall be lawful for such person and his assistants to seize any property
of the bankrupt (necessary wearing apparel only excepted ) in the custody
or possession of such bankrupt or of any other person in any prison or
place where such bankrupt is in custody.
Court may 193. ( 194. ) The Court may summon any bankrupt or bankrupt's
summon and
examine wife before it, whether the bankrupt shall have obtained his discharge or
bankrupt and
bankrupt's not, and in case he or she shall not come at the appointed time, the Court
wife .
may, upon proof of the service of such summons , if it shall see fit, direct
by warrant any person the Court shall see fit, to arrest such bankrupt
bankrupt's wife, and bring him or her before the Court ; and the Court.
may examine such bankrupt or bankrupt's wife either by word of mouth
or by interrogatories in writing, touching all matters relating to the
dealings or estate of such bankrupt, or which may tend to disclose any
secret grant, conveyance, or concealment of his lands, tenements, goods ,
money or debts, and the Court may reduce such examination or examina
tions into writing and the bankrupt or bankrupt's wife or both as the case
may be, shall sign and subscribe such examination or examinations
respectively.
ORDINANCE No. 5 OF 1864. 639
Bankruptcy and Insolvency.
194. ( 195. ) If in any case it shall be proved to the satisfaction of If bankrupt
be keeping
the Court, that any bankrupt is keeping out of the way and cannot be out of the
way or be
personally served with a summons, and that due pains have been taken to about to quit
the Colony,
effect such personal service , or that there is probable cause for believing Court may
issue warrant .
that he is about to quit the Colony or to remove or conceal any of his
goods or chattels unless he be forthwith apprehended , the Court may, by
warrant, authorise and direct any person or persons it shall think fit, to
apprehend and arrest such bankrupt, and bring him before the Court to
be examined in like manner as is he appeared upon a summons .
195. ( 196. ) After adjudication the Court may summon before it Court
empoweredto
any person known or suspected to have any of the estate of the bankrupt Summon
persons sus
in his possession or is supposed to be indebted to the bankrupt or any pected of
having bank
person the Court may believe capable of giving information concerning rupt's pro
the person, trade, dealings or estate of the bankrupt or concerning any act perty.
of bankruptcy committed by him , or any information material to the full
disclosure of his dealings : and the Court may require such person to
produce any books, papers, deeds, writings or other documents in his
custody or power which may appear to the Court necessary to the verifi
cation of the deposition of such person , or to the full disclosure of any of
the matters which the Court is authorised to enquire into : and if such
person so summoned as aforesaid shall not come before the Court at the
time appointed , having no lawful impediment, ( made known to the Court
at the time of its sitting and allowed by it, ) the Court may by warrant
authorise and direct the person or persons therein named for that purpose
to apprehend and arrest such person and bring him before the Court for
examination .
196. ( 197. ) Where it shall be shown by affidavit to the satisfaction Service of
summons
of the Court that any person to whom any such summons is directed as where person
keeps out of
aforesaid is keeping out of the way and cannot be personally served there the way.
with, and that due pains have been taken to effect such personal service ,
the Court may order by endorsement upon the summons , that the delivery
of a copy of such summons to the wife or servant or some adult inmate of
the house or family of the person, at his usual or last known place of
abode or business , and explaining the purport thereof to such wife , servant
or inmate, shall be equivalent to personal service, and in every such case
the service of such summons in pursuance of such order shall be, and be
640 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
deemed and taken to be of the same force and effect to all intents and
purposes as if the party to whom such summons was directed had been
personally served therewith .
Power to
examine 197. ( 198. ) Upon the appearance of any person summoned or
persons sum brought before the Court upon any warrant as aforesaid, or if any person
moned or
present at any be present at any sitting of the Court, the Court may examine every such
sitting.
person upon oath , either by word of mouth, or by interrogatories in writing ,
concerning the person, trade, dealings or estate of any bankrupt , or
concerning any act or acts of bankruptcy by any bankrupt committed :
and to reduce into writing the answers of every such person , and such
answers so reduced into writing , such person examined is hereby required
to sign and subscribe.
No adjudica 198. ( 199. ) No petition for adjudication shall be dismissed nor any
tion, &c., to be
dismissed by adjudication reversed or annulled by reason only, that the petition or
reason only
of concert. adjudication , or act of bankruptcy has been concerted or agreed upon
between the bankrupt his solicitor or agent, or any of them and any creditor
or other person .
Agent receiv 199. ( 200. ) If any accredited agent of any body corporate or public
ing notice of
act of bank company shall have had notice of any act of bankruptcy, such body
ruptcy.
corporate or company shall be deemed to have had such notice.
Goods, &c ., of 200. (201. ) Whenever the goods and chattels of a debtor are sold
a debtor to be
sold by under an execution, upon any judgment, recovered in any action brought
sheriff.
for the recovery of a debt, or money demand , or damages against any
debtor exceeding three hundred dollars, such goods and chattels shall in
all cases, unless the Court shall otherwise direct , be sold by the sheriff by
public auction , and not by bill of sale, or private contract, and such sale
shall be publicly advertised by the sheriff on and during three days next
preceding the sale : and no sheriff shall incur any liability by reason of
anything done by him under this Ordinance.
Court may 201. ( 202. ) If any bankrupt shall die after adjudication , the Court
proceed not
withstanding may proceed in the bankruptcy as if any such bankrupt were living .
death ofbank
rupt.
ORDINANCE No. 5 OF 1864 . 641
Bankruptcy and Insolvency.
GENERAL ORDERS OF THE 15TH AUGUST 1864.
Repeal of Previous Orders.
I.
Any orders of the Supreme Court relating to matters of insolvency shall be
rescinded and the following shall be the General Orders in force, in the Supreme Court
exercising jurisdiction in bankruptcy.
Sittings of the Court.
II.
The place of sitting of the Supreme Court exercising jurisdiction in bankruptcy
shall be the place at which the Supreme Court now holds, or may hereafter hold, its
sittings for the general business of the said Court.
III .
The times of the sitting of the Supreme Court exercising jurisdiction in bank
ruptcy shall be those appointed for the transaction of the general civil business of the
Court unless the Chief Justice shall otherwise order, and shall appoint a special day
for the sitting of the said Court, exercising jurisdiction in bankruptcy .
Officers of Court.
IV.
The officers of the Court shall perform the same duties and exercise the same
powers as were heretofore performed and exercised by them respectively as officers of
the Supreme Court exercising jurisdiction in insolvency, unless the performance or
exercise of such duties or powers may be inconsistent with the provisions of " The
Bankruptcy Ordinance, 1864," or with these Orders, or unless the Court should, in any
case, otherwise direct or allow.
Proceedings.
V.
The several forms , specified in the schedule to these Orders annexed , for the several
purposes therein stated, shall be observed and used with such alterations as may be
necessary to meet the circumstances of any particular case.
VI.
All proceedings shall be sealed with the seal of the Court and remain of record in
the Court, so as to form a complete record of each bankruptcy, and they shall not be
removed for any purpose except for the use of the officers of the Court or by special
direction of the Chief Justice or Registrar.
642 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
VII.
All office copies of petitions, proceedlings, books, papers and writings, or any parts
thereof, provided for any bankrupt, or for any debtor or creditor of a bankrupt, or
attorney of any such bankrupt, debtor or creditor shall be charged and paid for at the
rate of fifteen cents per folio of seventy-two words, and such copies shall be made forth
with after application for the same.
VIII.
In lieu of attaching a copy of the Hongkong Government Gazette to the proceed
ings in each bankruptcy or other matter, the Registrar shall make a memorandum of
the advertisement in the Hongkong Government Gazette and of the date thereof with
proper reference to the file to facilitate search ; and one copy of every Hongkong Gov
ernment Gazette and of each newspaper in which any notice in any matter of bank
ruptcy is inserted, shall be delivered to the Registrar who shall file the same.
IX.
No affidavit shall be filed unless it is properly intituled in the Court and matter in
which the same is to be used ; and after an affidavit is left with the Registrar to be
filed , it is not to be delivered to any person whatever, except by order of the Court.
As to Petitions, &c.
X.
A petition for adjudication of bankruptcy may either be written or printed .
XI.
Upon every petition the Registrar or Deputy Registrar or, in the absence of both
of these officers, the clerk of the Court shall note the precise time of the filing of such
petition.
XII.
Before adjudication of bankruptcy upon any petition the petitioner shall state on
oath , affidavit, that the several allegations in the petition are true.
XIII.
No adjudication shall be made on the petition of a debtor for adjudication of
Lankruptcy against himself in the absence of the petitioner, unless the petitioner is in
custo ly or his attendance be dispensed with by special Order of the Court .
ORDINANCE No. 5 OF 1864 . 643
Bankruptcy and Insolvency.
XIV .
The memorandum required to be indorsed on a petition for adjudication of bank
ruptcy, before any adjudication shall be made under section 10of " The Bankruptcy
Ordinance, 1864," shall be in the form specified in the schedule 3 to these Orders
annexed .
XV .
After adjudication, the Court shall without any application by the bankrupt appoint
a sitting for the bankrupt to surrender and conform . Such sitting to be also a public
meeting of creditors for such proceedings as may be taken under section 67 of " The
Bankruptcy Ordinance, 1864," and such adjudication and meeting shall be advertised
in the Hongkong Government Gazette and one local newspaper within ten days after
the date of adjudication . The adjudication must be dated of the day on which it is
made.
XVI.
The party presenting the petition shall provide and fill up two forms of adjudica
tion, one to be delivered to the bankrupt, the other to be filed in Court.
XVII.
In the adjudication to be made upon a petition the Court shall grant the bankrupt
protection from arrest ; and shall indorse thereon a notice to the bankrupt of the time
and place of holding the sitting at which he is to surrender and conform as aforesaid ;
and the Registrar shall deliver to the bankrupt a duplicate of the adjudication , and
shall make on the adjudication to be filed a note that he has so delivered the duplicate.
of the adjudication to the bankrupt. Where the petitioner is not present the duplicate
of the adjudication must be personally served on the bankrupt, unless the Court shall
in any particular case dispense with such service.
As to Judgment Debtor Summons.
XVIII.
Every creditor applying for a judgment debtor summons shall file an affidavit of
debt, and such affidavit shall be in the form specified in the schedule 8 to these Orders
annexed.
XIX .
Every judgment debtor summons shall be in the form specified in the schedule 9
to these Orders annexed.
644 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
XX.
Every such summons shall be indorsed with a notice in the form specified in the
schedule 10 to these Orders annexed.
XXI .
Every such summons is to be served personally unless the Court shall, in any case,
direct that service in some other manner shall be deemed good service .
XXII.
Every such summons shall be served four days at least before the time for appear
ance therein mentioned and within two months from the date thereof, including the day
of such date and not afterwards.
Letter of Attorney.
XXIII.
Every creditor may, by letter of attorney which may be in the form set forth in
sche lule 11 to these Orders annexed, authorise the Official Assignee or any other person
to represent him at any meeting of the creditors and to vote for him on any question
submitted to the creditors at such meeting or any adjournment thereof and also in the
choice of the Creditors ' Assignee.
As to Trust Deeds for benefit of Creditors.
XXIV .
In order to facilitate the making of entries under section 164, the party producing
such deed or his attorney shall deliver to the Registrar a memorandum in the form
specified in the schedule 12 to these Orders annexed , or as near thereto as may be , and
such memorandum shall be signed by the party producing such deed or by his attorney.
XXV.
The affidavit required by section 163, paragraph 6, may be in the form specified
in schedule 13 to these Orders annexed.
XXVI.
The certificate required by section 163, paragraph 6, may be in the form specified
in schedule 14 to these Orders annexed.
XXVII.
The memorandum of registration required by section 166, to be written on the face
of every deed or instrument, on being registered , shall be in the form specified in
schedule 15 to these Orders annexed .
t
ORDINANCE No. 5 OF 1864. 645
Bankruptcy and Insolvency.
XXVIII.
The certificate of the registration of the deed under section 168 as a protection in
Lankruptcy shall be in the form specified in schedule 16 to these Orders annexed .
As to Order of Discharge.
XXIX.
The order of discharge as provided for by section 150 shall be in the form specified
in the schedule 7 to these Orders annexed or as near thereto as may be.
As to Fees.
XXX.
The fees payable, and the charges and costs to be allowed , shall be those heretofore
allowed in matters of insolvency, so far as the same can be made applicable to the
business required to be transacted under " The Bankruptcy Ordinance, 1864 ; " if how
ever it be necessary for the Registrar in any case to allow fees of a different description,
he shall use as his guide in the amount the fees heretofore allowed in matters of
insolvency .
As to payment of Dividend.
XXXI.
The dividend to which any creditor is entitled shall be paid to him in a manner
similar to that which has hitherto been in use in matters of insolvency.
As to disposal of Monies by Creditors' Assignee.
XXXII.
All monies not necessarily retained shall be deposited by the Creditors ' Assignee
in one of the banks of Hongkong, such bank, prior to such deposit, being in each case
mentioned to, and approved of by, the Chief Justice.
Definition of Terms.
XXXIII.
All words and expressions used in these Orders shall be construed in conformity
with the interpretation clause (section 9) of " The Bankruptcy Ordinance, 1864. "
Short Title.
XXXIV.
These Orders may be cited for all purposes as "The Bankruptcy Orders 1864.”
646 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
SCHEDULE 1 .
" The Bankruptcy Ordinance, 1864. "
Sees. 10 and 10. Petition of a Creditor for Adjudication in Bankruptcy.
TO THE SUPREME COURT,
IN BANKRUPTCY .
The humble petition of [ here insert at full length the name, address and description
of the petitioner] sheweth,
That [here insert at full length the name, address and description of the person against
See sec. 49. whom the petition for adjudication is made] is indebted to your petitioner in the sum of
three hundred dollars [ if two petitioners four hundred dollars and if three or morefive
hundred dollars ] and that your petitioner has been informed and believes that the
said did lately commit an act of bankruptcy within the true intent.
and meaning of " The Bankruptcy Ordinance 1864."
Your petitioner therefore humbly prays that on proof of the requisites in that
behalf adjudication of bankruptcy may be made against the said
And your petitioner will ever pray, &c.
Signed A. B.
Signed by the petitioner on the day of 186
in the presence of Solicitor in the matter
of the said petition.
N.B.-If the petition be by partners, alter the form accordingly and let it be signed by
one on behalf of himself and partners.
SCHEDULE 2.
Secs. 31 and 40. Affidavit of Truth of Allegation in Petition.
Ι the petitioner named in the petition hereunto annexed
make oath and say that the several allegations in the said petition are true.
Sworn, & c. , at this day of
186 .
Before me.
ORDINANCE No. 5 OF 1864 . 647
Bankruptcy and Insolvency.
SCHEDULE 3.
Memorandum required to be indorsed on a Petition for Adjudication of Bankruptcy. Sec. 10.
Take notice
Within is a copy of a petition for adjudication of bankruptcy verified by the oath of
the petitioner and under the seal of the Supreme Court, in bankruptcy, filed in the
said Court against you the within named
The Court has ordered that you do appear on this petition at or before the
expiration of days after the day of service thereof.
The petition will be heard at the Court on the day of
at which time and place you are to appear by yourself or your solicitor on such petition.
Dated the day of 186
(Seal of the Court,) Registrar.
Solicitor in the matter of the within petition.
SCHEDULE 4 .
Petition for Adjudication by a Debtor against himself. Sec. 31.
TO THE SUPREME COURT ,
IN BANKRUPTCY .
The humble petition of [ here insert at full length the name, address and description
of the petitioner ] sheweth,
That your petitioner being unable to meet his engagements with his creditors
doth pray that he may be adjudged a bankrupt.
And your petitioner will ever pray, & c .
(Signed, )
Signed by the petitioner on the day of 186
in the presence of
Solicitor in the matter ofthe petition.
SCHEDULE 5.
Notice by a Debtor in Custody of his intention to present a Petition for Adjudication of Sec. 31.
Bankruptcy against himself.
Take notice that I intend to petition the Supreme Court in bankruptcy for
adjudication of bankruptcy against myself.
Dated this day of 186
A. B..
To the Superintendent or Keeper of the Gaol.
648 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
SCHEDULE 6.
Sec. 83. Adjudication in Bankruptcy.
IN THE SUPREME COURT,
IN BANKRUPTCY.
[Theform may In the Matter of A. B.
be readily altered
to meet all cases
of adjudication.] Upon reading the petition of the above named A. B. , praying [ as in petition ] and
also his affidavit stating that the several allegations in the said petition are true, I do
adjudge the said A. B. a bankrupt and I do hereby grant the said bankrupt protection
from arrest from any claim debt or demand now due from , or owing by him, until
the day of and I do appoint a sitting to be
held at on the day of 186
at of the clock in the noon precisely, at which sitting the bank
rupt is required to surrender and conform and which sitting I appoint also to be a
public meeting of creditors of the bankrupt for such proceedings as may be taken
under " The Bankruptcy Ordinance 1864."
Given under my hand and the seal of this Court this day of
186
(L.S.)
Chief Justice.
Endorsement on Adjudication te be filed in Court.
On the day on which this adjudication was made, I, C. D. , the Registrar of this
Court delivered to the bankrupt a duplicate of the adjudication.
Note.-- Every time the protection is renewed these words should be added at the bottom
of, or endorsed on the duplicate, adjudication, and on the adjudication to be filed in Court.
I hereby give further protection to the bankrupt until the day of
Dated this day of 186
•
Chief Justice.
Endorsement to be made on Adjudication at time of Adjudication .
Take notice that you A. B. are required to attend personally at
on the day of 186 " at of the clock in
the noon precisely there and then to surrender and conform .
Dated this day of 186 .
Registrar.
ORDINANCE No. 5 OF 1864 . 649
Bankruptcy and Insolvency.
Further Endorsement to be made on Adjudication at first Meeting. Sec. 61.
Take notice that you , A. B. , are required to attend personally at the sitting of
the Court to be held on the day of 186 at
of the clock in the noon precisely being the day appointed for the
passing of your last examination, when and where you are required to surrender
yourself, and to make a full discovery and disclosure of your estate and effects . And
further take notice that you are required to prepare a statement of your accounts and
to file the same in Court ten days at least before the day so appointed for your last
examination.
Dated this day of 186
Registrar.
SCHEDULE 7 .
Order of Discharge. Secs, 60, 138 and
150.
IN THE SUPREME COURT,
IN BANKRUPTCY .
In the matter of A.B. of adjudged bankrupt on the day of
186
Whereas at a public sitting of this Court held on the day of
for the said bankrupt to pass his last examination and also to make application for
his order of discharge under " The Bankruptcy Ordinance 1864 " whereof and of the
purport whereof the notice required in that behalf was duly given, the said bankrupt
passed his last examination and upon application then and there made by the said
bankrupt for such discharge it was adjudged by the Court that the said bankrupt was
entitled to such discharge : Now therefore the Court allows and orders such discharge
accordingly [ if the order were granted subject to any condition or were granted after
suspension, alter and state the facts accordingly] .
Given under my hand and seal of this Court on the day of 186 .
(L.S.)
Chief Justice.
SCHEDULE 8 (a).
Affidavit for summoning a Judgment Debtor. Sec. 19.
IN THE SUPREME COURT,
IN BANKRUPTCY.
I, A. B. of make oath and say as follows :
1. I say that C.D. is justly and truly indebted to me in the sum of $ upon
and by virtue of a judgment of the Court of for the said sum of $
650 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
*I da recovered by me against the said C. D. on the * day of last past ,
siquing nat
judgment which and of which said sum the sum of $ exclusive of costs is due to me and the
mustbe after the
pusing or sum of $ for taxed costs is due to me, making together the said sum of $
The Banks uptcy
U 1861.7
2. I say that I verily believe that I am entitled to sue out against the said C'.D .
a writ of capias ad satisfaciendum or to charge him in execution of the said debt .
Sworn, & c.
SCHEDULE 8 (b) .
Affidavit to be used in Cases of Disobedience to Decree in Equity, &c.
IN THE SUPREME COURT,
IN BANKRUPTCY .
We, A.B. of and C.D. of severally make oath and say as
follows :
1. I, A.B. for myself that E.F. of is justly and truly indebted to
me in the sum of $ upon and by virtue of a decree of the Supreme Court of
Hongkong bearing date the day of and made in a
certain suit then pending wherein I the said A.B. was plaintiff and the said E.F.
defendant whereby the said E.F. was decreed to pay to me the sum of $
exclusive of costs, and the sum of $ for taxed costs, making together the
said sum of $ and upon which a peremptory order made by the said Court
was obtained by me on the day of directing as
in the order] .
2. I, C.D. for myself say that I did on the day of
serve the said E.F. with a true copy of the said decree by delivering to , or leaving
the same with the solicitor of the said E.F. at his office at
3. I, C.D. further say that I did on the day of
personally serve the said E.F. with a true copy of the said peremptory order.
Lastly I A.B. say that the said E.F. has not paid or secured or tendered or
1
compounded for the said debt, but the said debt still remains wholly due and unpaid.
Sworn, & c.
SCHEDULE 9.
"The Bankruptcy Ordinance 1864."
Summons of Judgment Debtor.
These are to will and require you to whom this summous is directed personally to
be and appear before the Chief Justice at the Court House in the City of Victoria ,
Hongkong, on the day of next at
ORDINANCE No. 5 OF 1864 . 651
Bankruptcy and Insolvency.
of the clock precisely to be examined respecting your ability to satisfy a debt of
claimed of you by A.B. of upon and by virtue "I upon a decree
in Equity aler
for the said sum of $ the form
of a judgment of the Court* accordingly.
recovered by the said A.B. against you on the
day of last and of which said sum the sum of $ exclusive
of costs is sworn to be due from you to the said A.B. and the sum of $ for
taxed costs making together the said sum of $ You are to be examined also for
the discovery of property applicable to satisfy the said debt. You are moreover to
observe the notice indorsed hereon , and hereof you are not to fail at your peril .
Given under my hand and the seal ofthe Court this day of
186
( L.S.)
Registrar.
To E. F.
SCHEDULE 10.
Notice to be indorsed on Judgment Debtor Summons.
This summons is served upon you pursuant to the provisions of " The Bankruptcy
Ordinance 1864," and is founded on an affidavit of debt which was filed in the Supreme
Court on the day of 186 . And you are
hereby informed that if after service of this summons or due notice thereof you do not
pay the debt and costs within mentioned , or secure or compound for the same to the
satisfaction of the creditor, then on your appearance to this summons, or if you shall
not appear, having no lawful impediment allowed by the Court, and in either case
without the presentation of a petition for adjudication or other proceeding, the Court
may adjudge you bankrupt.
This summons was issued by of solicitor for the plaintiff
or
This summons was issued in person by the plaintiff who resides at [ here insert a
sufficient description of the plaintiff's residence].
SCHEDULE 11 .
Form of Letter of Attorney.
In the Matter of A. B. a Bankrupt.
SIR, -I [ or we] hereby authorise you to attend the meeting of creditors in this
matter advertised or directed to be holden at on the
day of or any adjournment thereof and then and there for
652 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
me [or us] and in my [or our] name to vote for or against [ here state the resolution or
object ofthe meeting] and in the choice of assignee or assignees of the estate of the
bankrupt.
Witness to the signature of
A. B.
or A. B. for self and partners.
To
SCHEDULE 12.
Sec. 164. Memorandum of Deed or other Instrument to be registered pursuant to
"The Bankruptcy Ordinance 1864."
(1.) Title of deed, whether deed of assignment, composition or inspectorship .
(2. ) Date of deed .
(3.) Date of execution by debtor.
(4. ) Name and description of the debtor as in the deed.
(5.) The names and descriptions of the trustees or other parties to the deed, not
including the creditors.
(6.) A short statement of the nature of the deed .
SCHEDULE 13.
Affidavit required by section 163 of " The Bankruptcy Ordinance
1864," paragraph 6.
I, A. B. [the debtor or some person able to depose thereto ] make oath and say as
follows, that the deed or instrument now produced and marked with the letter A bearing
date the day of and made between [state the
parties to the deed not including the names of the creditors ] being a deed [ describe its nature]
has been executed, or by writing assented to, or approved of, by a majority in number,
representing three-fourths in value of the creditors of me [ the debtor when the debtor
deposes] or of [the debtor where some other person deposes
whose debts amount to fifty dollars and upwards and I [ the debtor where the debtor
deposes ] verily believe that the amount in value of my property, credits, estate and
effects comprised in such deed is [And where another
person deposes he must state that after due inquiry made, to the best ofhis knowledge, inform
ation and belief the amount in value of the property, credits, estate and effects of
the said debtor comprised in such deed is ].
ORDINANCE No. 5 OF 1864. 653
Bankruptcy and Insolvency.
SCHEDULE 14 .
Form of Certificate by Trustee under section 163 of " The Bankruptcy Ordinance 1864."
I the undersigned [ if more than one trustee alter accordingly] being a trustee under
a deed or instrument bearing date the day of and
made between [ state the parties not including the names of creditors] being a deed [ describe
the nature thereof ] do hereby certify that a majority in number representing three-fourths
in value of the said C. D. [ debtor ] whose debts amount to fifty dollars or upwards , have
executed or in writing assented to or approved of such deed or instrument ; and I also
certify that after full inquiry made to the best of my knowledge information and belief
the amount in value of the property, credits estate and effects of the said C. D. [debtor ]
comprised in such deed is [ ].
[Signature of trustee]_
SCHEDULE 15.
Memorandum of Registration required by section 166 of " The Bankruptcy
Ordinance 1864."
" This deed or instrument was brought into the office of the Registrar of the
Supreme Court in bankruptcy for registration on the day of
at the hour of on that day and was duly registered
pursuant to the provisions of ' The Bankruptcy Ordinance 1864.' "
SCHEDULE 16 .
Certificate of Registration of Deed and Protection to Debtor. Sec. 162.
I being the Registrar of the Supreme Court of Hongkong exercising jurisdiction.
in bankruptcy do certify that on the day of and
at the hour of on such day a certain deed or instrument bearing
date the day of and made and executed by
and between [ set forth parties not including the names of the creditors ] being a deed or
instrument [ set forth the nature and effect thereof ] was brought into my office for regis
tration and was duly registered pursuant to the provisions of " The Bankruptcy Ordi
nance 1864."
Given under my hand and seal of the Court at Hongkong, the day of
186 ·
[Seal of the Court. ] A. B.
654 ORDINANCE No. 6 of 1864:
Depositions of Witnesses.
No. 6 of 1864.
Title. An Ordinance to render admissible in certain cases the Depositions of
Witnesses who cannot be produced at the Trial , and to make
Provision for the reception in Evidence of the Statements of the
accused.
[ 30th April, 1864. ]
Preamble. HEREAS the circumstances of this Colony are such as to render it necessary,
W in order to prevent a failure of justice, that more effectual provision should
be made for receiving in evidence in certain cases, the depositions of witnesses which
shall appear to the Court to have been duly taken, as also the statements of the accused :
Be it therefore enacted by His Excellency the Governor of Hongkong , with the advice
of the Legislative Council thereof, as follows :
Section 4 of 1. Section 4 of Ordinance No. 7 of 1857 shall be and the same is hereby repealed .
Ordinance No. 7
of 1857 repealed.
Depositions of 2. Whenever it shall be proved, by the oath of any credible witness , or shall in
persons who have
died or who are any other mauner whatsoever, appear to the satisfaction of the Supreme Court, that
absent or who
from other the Attorney General, or other person conducting a criminal prosecution on behalf of
specified cause
cannot be
produced, as the Crown, is unable to produce, at the trial of the accused, any person as a witness ,
witnesses in
any criminal in consequence of the death of such person, or of his absence from the Colony , or of
prosecution, may,
in certain cases, the impracticability of serving process upon him, or of his being so ill as not to be able
be read in
evidence. to travel, or of his being insane, or of his being kept out of the way by means of the
procurement of the accused, or of his being domiciled in a country , the laws of which
prohibit his absenting himself therefrom , or which he shall refuse to quit after
application made to him in that behalf ; and if it also appear that such person was
examined before a Magistrate, or other officer of Her Majesty to whom the cognizance
of the crime or offence appertained , and that the usual oath , affirmation [ or declaration
was administered : Repealed by Ordinance No. 9 of 1864 and new words substituted] to such
person prior to his examination , and that the examination was taken in the presence
of the accused, and that he or his counsel or attorney had a full opportunity of
cross -examining such person, and that the examination of such person was reduced
into writing and read over to and signed by the person examined , and also by the
Magistrate or other officer of Her Majesty as aforesaid, and that such examination
or a copy thereof is in the custody of the Supreme Court, it shall be lawful for the
Supreme Court and it is hereby required to allow to be read and received in evidence,
in such prosecution , so much of the examination so taken as aforesaid as would have
been admissible, according to the law and practice of the Supreme Court, had the said
person been produced and examined before the said Court, in the ordinary and
accustomed manner.
What shall be 3. If the Attorney General, or other person conducting a criminal prosecution ,
deemed primâ
facie proofof on behalf of the Crown, shall, at the trial of any person accused, apply to the Court
examination
having been duly for leave to read as evidence, in such prosecution , the examination of any person, and
taken.
it shall appear from the Registrar or Deputy Registrar or other competent officer of
ORDINANCE No. 6 of 1864. 655
Depositions of Witnesses.
the said Court that the depositions, including the examination of such person, or a
copy thereof are in the custody of the said Court, and if it shall appear from the
perusal of such examination by the Presiding Judge that such examination contains
any statement to the effect, or from which it may fairly and reasonably be inferred, that
such person was examined before a Magistrate or other officer of Her Majesty to whom
the cognizance of the crime or offence appertained , and that the usual oath, affirmation
[or declaration was administered : Repealed by Ordinance No. 9 of 1864 and new words
substituted] to such person, prior to his examination, and that the examination was
taken in the presence of the accused , and that he or his counsel or attorney had a full
opportunity of cross-examining such person, and that the examination of such person
was reduced into writing and read over to the person examined, then, if such examination
purports to be signed by the person examined and by the Magistrate or other officer
by or before whom the same purports to be taken, it shall be lawful to read such
examination in evidence, without further proof of the matters in this section aforesaid,
unless it be proved that such examination was not taken in manner aforesaid, or was
not in fact signed by the person examined or by the Magistrate or officer aforesaid,
purporting to sign the same.
4. No objection to the reception in evidence of the examination of any person No cbjection to
admissibility of
shall be permitted to prevail upon the ground that the particular examination of such examination in
evidence if
person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, depositions
signed by the
if it shall appear, in manner aforesaid, that the depositions wherein such examination Magistrate, &c.,
notwithstanding
particular
was included, were so signed. examination not
so signed.
5. If, after the examination of all the witnesses on the part of the prosecution Ifparty accused
make a statement
before Magis
shall have been completed, before a Magistrate or other officer of Her Majesty to whom trate, &c., same
may be read in
the cognizance of the crime or offence appertained , any statement shall have been made evidence if
certain prelim
by the accused before such Magistrate or officer of Her Majesty as aforesaid , it shall inaries are com
plied with.
be lawful for the Supreme Court, and it is hereby required to allow such statement to
be read and received in evidence in such prosecution upon the Presiding Judge being
satisfied that the following conditions had been in each case complied with :
(1.) That prior to such statement having been made the Magistrate, or other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had read or caused to be read, or, where necessary, had
translated, or cause to be translated to the accused , the depositions
taken against him.
(2.) That prior to such statement having been made the Magistrate, or other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had addressed to the accused these words or words to the
like effect : " Having heard the evidence, do you wish to say anything in
answer to to the charge? You are not obliged to say anything unless
you desire to do so, but whatever you say will be taken down in writing
and may be given in evidence against you upon your trial."
656 ORDINANCES Nos . 6 AND 7 OF 1864 .
Depositions of Witnesses. Compilation of Ordinances.
(3.) That prior to such statement having been made the Magistrate, or other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had given the accused clearly to understand that he had
nothing to hope from any promise of favour, and nothing to fear from
any threat which might have been held out to him to induce him to
make any admission or confession of his guilt, but that whatever he
then said might be given in evidence against him upon his trial
notwithstanding such promise or threat.
(4.) That what the prisoner answered thereto was taken down in writing and
read over to him.
(5.) That the said statement had been kept with, and at the time of the
application to receive the same in evidence was in the custody of the
Supreme Court in the same manner as, the depositions of the witnesses
which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or contained shall prevent the
Attorney General, or other person conducting a criminal prosecution on behalf of the
Crown from giving in evidence any admission or confession or other statement of the
person accused, made at any time, which by law would be admissible as evidence
against such person .
What shall be 6. If the Attorney General, or other person conducting a criminal prosecution,
deemed a primă
facie proof of on behalf of the Crown shall at the trial of any person accused apply to the Court for
statement having
been duly taken, leave to read as evidence in such prosecution the statement of such person, and it shall
&c.
appear from the Registrar or Deputy Registrar or other competent officer of the said
Court that the depositions including the statement of such person or a copy thereof are
in the custody of the said Court, and if such statement shall appear to have been duly
taken and in compliance with the conditions by the last section imposed, then if such
statement purports to be signed by the Magistrate or other officer by or before whom
.
the same purports to be taken , it shall be lawful to read such statement in evidence
without further proof of the matters in the section last aforesaid, unless it be proved
that such statement was not duly taken , or was not in fact signed by the Magistrate or
officer aforesaid purporting to sign the same.
[ All repealed by Ordinance No. 2 of 1889. ]
No. 7 of 1864 .
Title. An Ordinance for compiling a New Edition of the Ordinances
of this Colony.
[ 30th April, 1864. ]
Preamble. HEREAS it is expedient that measures should be adopted for pre
paring a new edition of the Ordinances of this Colony wherefrom
should be omitted all Ordinances or parts of Ordinances as have expired
ORDINANCE No. 7 OF 1864 . 657
Compilation of Ordinances.
by effluxion of time, have had their effect, or have been expressly and
specifically repealed or disallowed : Be it therefore enacted by His Excel
lency the Governor of Hongkong, by and with the advice of the Legislative
Council thereof, as follows:
1. It shall be lawful for the Governor to issue his Commission to two Authority to
Governor to
persons constituting them Commissioners for preparing a new edition of appoint Com
missioners to
the Ordinances of Hongkong and, from time to time, in case of the death , compile and
print the laws
refusal or incapacity to act of either of the said Commissioners , to appoint of Hongkong.
some other person to act in the stead of such Commissioner.
2. The Commissioners are hereby fully authorized and empowered Commis
sioners to
to prepare and arrange for publication the said edition , omitting all such prepare and
laws
Ordinances , clauses and parts of Ordinances as have expired, been repealed , for publica
tion and to
or had their effect ; and , in the said edition , the Commissioners are hereby omit all
expired.
authorized to omit all clauses repealing Ordinances, or parts of Ordinances , repealed
Ordinances,
as well as the Ordinances and parts of Ordinances repealed , and the &c.
schedule of all repealed Ordinances .
3. The Commissioners Commis
shall procure from competent parties in sioners to
England, or elsewhere , estimates of the expense of printing and publishing procure
estimates of
five hundred copies of such edition, and shall submit the same for the expense of
printing
consideration and approval of the Governor, and copies and of
such edition , when
correcting
arranged and prepared for publication , shall be transmitted by the said proof, &e.
Commissioners to such parties as the Governor may appoint to print the
same ; and the said Commissioners shall make such arrangements for
correcting the proof and otherwise insuring the correctness and accuracy
of the publication as may to them appear desirable.
4. Every copy of the said edition shall be stamped with the seal of Every copy to
be stampe d
this Colony, and the copies so stamped shall, in all Courts and upon all with the seal
of the Colony.
occasions whatsoever be taken, deemed and held to be the only lawful
Ordinances of Hongkong , as they existed at the date of the passing of the
last Ordinance inserted therein : Provided always that nothing in this Proviso.
Ordinance contained shall apply to any operation already effected by, or
act done under any Ordinance omitted in the said copies or to any right
O
title, obligation , or liability acquired or accrued under any such Ordinance .
5. The said Commissioners shall, after the printing of the copies Copies to be
delivered to
aforesaid, and as soon as the same shall have been duly stamped, cause Members of
Council and
copies to be delivered to the Members of the Executive and Legislative other public
functionaries.
Councils, and to such other of the public functionaries as the Governor
658 ORDINANCES Nos. 7 AND 8 OF 1864 .
Compilation of Ordinances. Revenue.
Remaining may direct, and the remaining copies shall be placed in the hands of the
copies lodged
with the Trea Colonial Treasurer, to be disposed of at such price as shall be fixed by the
surer for sale.
Commissioners, and the proceeds thereof paid into the Public Treasury.
Provision for 6. It shall be lawful for the Governor to issue bis warrant upon the
remuneration
to clerk and Treasury for such sum as he shall deem a reasonable remuneration for the
expenses of
carrying into clerk to be employed by the said Commissioners , and also for such other
effect this
Ordinance. charges and expenses as shall have been necessarily incurred , laid out and
expended in and about the carrying into effect the provisions of this
Ordinance.
[ Repealed by Ordinance No. 31 of 1886 : Repeal annulled by Ordinance No. 6
of 1889 : Revived as from date of original repeal by Ordinance No. 17 of 1889. ]
No. 8 of 1864.
Title.
An Ordinance to apply a Sum not exceeding Six hundred and thirteen
thousand Dollars to the Public Service of the year 1865.
[ 5th September, 1864. ]
Preamble.
HEREAS the expenditure required for the service of this Colony for the year 1865
six and fod
and twenty-two dollars and eighty cents : Be it enacted and ordained by His Excellency
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
Estimates, 1865. 1. A sum not exceeding six hundred and thirteen thousand dollars shall be and the
same is hereby charged upon the revenue of this Colony for the service of the year 1865,
and the said sum so charged shall be expended as hereinafter specified ; that is to say :—
CIVIL ESTABLISHMENTS : $ C.
The Governor, ..... 240.00
Colonial Secretary, 6,360.00
Colonial Treasurer , 4,776.00
Auditor General ,...... 8,252.00
Clerk of Councils, 72.00
Surveyor General, 16,102.80
Postmaster General, 18,168.00
Registrar General, .... 1,680.00
Harbour Master and Emigration Officer, 9,040.00
Carried forward, ........ $ 64,690.80
ORDINANCES Nos. 8 AND 9 OF 1864. 4659
Revenue. Revision of Ordinances.
Brought forward, ...
…………………………. 64,690.80
JUDICIAL ESTABLISHMENT, 6,560.00
ECCLESIASTICAL ESTABLISHMENT,. 702.00
EDUCATIONAL ESTABLISHMENT, 9,608.00
MEDICAL ESTABLISHMENT, 14,360.00
POLICE MAGISTRATES ,………... 4,282.00
POLICE,.... 147,938.00
GAOLS , ... . 44,826.00
CHARITABLE ALLOWANCES , ... 480.00
TRANSPORT, ...... 1,500.00
WORKS AND BUILDINGS , ........ 168,590.00
ROADS , STREETS , AND BRIDGES , …………... 52,500.00
MISCELLANEOUS SERVICES, 4,286.00
MILITARY CONTRIBUTION, 92,000.00
TOTAL , …………………..$612,322.80
[ Repealed by Ordinance No. 4 of 1887.]
No. 9 of 1864 .
An Ordinance to authorize the Commissioners appointed to Title.
compile a New Edition of the Ordinances to make certain
alterations therein.
[ 5th September, 1864. ]
E it enacted by His Excellency the Governor of Hongkong, with
BE
the advice of the Legislative Council thereof as follows :
1. It shall be lawful for the Commissioners appointed to compile a Power to
Commis
new edition of the Ordinances to make therein the alterations hereinafter sioners to
make certain
mentioned , that is to say; alterations in
the new
commence edition of the
( 1. ) Wherever there shall occur at or near the Ordinances.
ment of any Ordinance the words : " Be it enacted and ordained by
His Excellency the Governor of Hongkong and its dependencies
with the advice of the Legislative Council thereof, " or words to that
effect, to substitute therefor the words following: " Be it enacted
by His Excellency the Governor of Hongkong with the advice of
the Legislative Council thereof."
660 ORDINANCE No. 9 OF 1864.
Revision of Ordinances.
(2. ) Whenever by reason of the omission of the preliminary
part of an Ordinance it shall not appear by whom the enactment
was made, to insert the words : "Be it enacted by His Excellency
the Governor of Hongkong with the advice of the Legislative
Council thereof, as follows :"
(3. ) Whenever the preamble, the enacting words, and the matter
of the first section of any Ordinance are continuous and numbered
as section 1 , to separate them thus :
Whereas , & c.
Be it enacted by His Excellency the Governor of Hong
kong with the advice of the Legislative Council thereof as
follows :
1. & c.
(4. ) Whenever there shall occur at or near the commence
ment of any section the words : " And be it further enacted that,"
or words to that effect, to omit such words.
(5. ) Whenever in the title, preamble, or subsequent part of an
Ordinance there occur unnecessarily the words : " within the Island
of Hongkong and its dependencies , " "in Hongkong," " of Hong
kong," " within the said Colony," or words to the like effect , to omit
such words.
(6. ) Whenever a section of any Ordinance is divided into para
graphs, to number such paragraphs and enclose such number within
brackets .
(7. ) Whenever the words " Chief Justice of the Supreme Court "
or the like occur in any Ordinance, to omit the words " of the Su
preme Court," or the like.
(8. ) Whenever the words " the said , " or " such " shall in any
Ordinance unnecessarily precede words descriptive of any Court,
public officer, or the like , to substitute therefor the word " the. ”
Part of sec 2. There shall be expunged from section 7 of Ordinance No. 8 of
tion 7 of Or
dinance No. 1841 the words following : " and any overplus of such last mentioned
8 of 1844, to
be expunged . moiety or half part shall be paid to the said Chief Magistrate for the
purposes aforesaid," and there shall be inserted in lieu thercof the words
ORDINANCE No. 9 OF 1864 . 661
Revision of Ordinances.
following: " and if such last mentioned moiety or any portion thereof
shall not be claimed within six months , then the same shall be disposed
of as the first mentioned moiety. "
3. Ordinance No. 6 of 1858 is hereby repealed , and Ordinance No. Ordinance
No. 6 of 1858
9 of 1857 , section 5 is hereby amended by inserting after the concluding repealed, and
Ordinance
words of the said section the words following, that is to say : " Provided No. 9 of 1857
sec. 5
always that the hours hereinbefore specified in that behalf may be from amended.
time to time altered by His Excellency the Governor in Executive
Council, and every such alteration when so made shall be forthwith
notified in English and Chinese in the Hongkong Government Gazette . "
4. Ordinance No. 7 of 1859 is hereby repealed , and Ordinance No. Ordinance
No. 7 of 1859
8 of 1858 section 28 is hereby amended by substituting for the words : repealed, and
Ordinance
"he shall also if His Excellency in Council shall so decide, be deported No. 8 of 1858 ,
sec. 28
to any place in the Chinese Empire or elsewhere " in paragraph 9 , the amended .
words following : " be deported to his native country , or with the consent
of such offender, to any other place if His Excellency the Governor
shall so decide."
5. Ordinance No. 7 1862 is hereby amended by inserting after Ordinance
No. 7 of 1862
section 32 the following new section : amended.
"33. The Judge of the Court of Summary Jurisdiction shall "Judge to
frame rules
frame rules and orders for regulating the practice of the said Court , and orders."
its times of sitting and the forms of proceedings therein , and from
time to time shall amend such rules , orders and forms, and such
rules, orders and forms or amended rules , orders and forms certified
under the hand of such Judge shall be submitted to the Legisla
tive Council who may allow, disallow or alter the same, and the
rules, orders and forms or amended rules, orders and forms so
allowed or altered shall , from a day to be named by the said Coun
cil, be in force in the said Court ; "
And also by renumbering the remaining section of the same Ordinance
as section 34.
1
6. "The Bankruptcy Ordinance 1864 " shall be amended by re " The Bank
Ordi
pealing section 56 and by inserting in lieu thereof the words and figures rupeyri
nance 1864"
amended.
following, that is to say:
"56. The Court may order such portion of the pay, half pay, Portion of
pay, half pay,
salary, emolument, or pension of any bankrupt as the chief officer salary, or
662 ORDINANCE No. 9 OF 1864 .
Compilation of Ordinances.
pension of of the department to which such bankrupt may belong or may have
bankrupt to
be applicable belonged, or under which such pay, half pay, salary, emolument, or
to creditors
with sanction pension may be enjoyed by such bankrupt may officially sanction to
of chief officer
of depart be paid to the assignee , to be applied in payment of the debts of
ment.
such bankrupt."
"The Bank. 7. "The Bankruptcy Ordinance 1864 " shall be further amended
ruptcy Ordi
nance 1864" by repealing section 189 and by inserting in lieu thereof the words and
further
amended. figures following, that is to say:
Affi lavits, "189. No affidavit , declaration or affirmation shall be used in
declarations,
&c., before any matter or proceeding under this Ordinance unless the same
whom to be
sworn to be shall have been sworn or made in manner following , that is to say:
available .
"(1. ) In this Colony before the Court or before any officer
appointed by the Court for that purpose or before a Magistrate. "
" (2. ) In any Colony, Island , Plantation or place under the
Dominion of Her Majesty, before any Court, Judge , or person law
fully authorized to take and receive affidavits, declarations or affir
mations."
(3. ) In any Foreign Parts out of Her Majesty's Dominions
before a Judge or Magistrate, his signature being authenticated by
the Official Seal of the Court to which he is attached , or by a
public notary , or before a British Minister, Consul or Vice-Consul. "
" The Bank 8. "The Bankruptcy Ordinance, 1864," shall be further amended
ruptcy Ordi
nance 1864” by inserting after section 193 the words following :
amended.
"As to Costs. "
Court may "191. The Court may give costs in all cases in which it shall
give costs.
appear right and just. "
66
As to concealed Property, &c."
And also by renumbering the remaining sections of the same Ordinance
to the end, beginning with 191 which shall be renumbered 192 , and so
on in due arithmetical order.
Sections 2 9. Ordinance No. 6 of 1864 shall be amended by expunging from
and 3 of Or
dinance No. sections 2 and 3 of the same Ordinance the words " or declaration was
6 of 1864
amended. administered ," and by substituting therefor in each scction the words
"declaration or warning was administered to , made by or given to . " .
ORDINANCE No. 10 of 1864. 663
Bills of Sale.
No. 10 of 1864.
An Ordinance for preventing Frauds upon Creditors by Secret Bills of Title.
Sale of Personal Chattels .
[ 5th September, 1864. ]
HEREAS it is expedient that the several matters embraced by Ordinance No. 5 Preamble.
WH of 1856 should be provided for by separate and distinct Ordinances : Be it
enacted by His Excellency the Governor of Hongkong with the advice of the Legislative
Council thereof, as follows :
1. So much of section 2 of Ordinance No. 5 of 1856 as relates to the Imperial Part of section 2
of Ordinance No.
5 of 1856 re
Enactment entitled " An Act for preventing Frauds upon Creditors by Secret Bills of pealed.
Sale of personal Chattels " shall be repealed, except as to the proceedings which may
have been taken thereunder before the passing of this Ordinance.
2. Every bill of sale of personal chattels made after the passing of this Ordinance, Bills of sale to be
void unless the
either absolutely or conditionally, or subject or not subject to any trusts, and whereby same or a copy
thereof be filed
within twenty
the grantee or holder shall have power, either with or without notice, and either imme one days.
diately after the making of such bill of sale, or at any future time, to seize or take
possession of any property and effects comprised in or made subject to such bill of sale,
and every schedule or inventory which shall be thereto annexed or therein referred to,
or a true copy thereof and of every attestation of the execution thereof shall together
with an affidavit, affirmation or declaration of the time of such bill of sale being made
or given and a description of the residence and occupation of the person making or
giving the same, or , in case the same shall be made or given by any person under or in
the execution of any process, then a description of the residence and occupation of the
person against whom such process shall have issued, and of every attesting witness to
such bill of sale, be filed with the Registrar of the Supreme Court within twenty- one
days after the making or giving of such bill of sale, otherwise such bill of sale shall, as
against all assignees of the estate and effects of the person whose goods or any of them
are comprised in such bill of sale under the laws relating to bankruptcy, or under any
assignment for the benefit of the creditors of such person, and as against all sheriffs
officers and other persons seizing any property or effects comprised in such bill of sale
in the execution of any process of any Court of Law or Equity authorizing the seizure
of the goods of the person by whom or of whose goods such bill of sale shall have been
made, and against every person on whose behalf such process shall have been issued ,
be null and void to all intents and purposes whatsoever, so far as regards the property
in or right to the possession of any personal chattels comprised in such bill of sale
which at or after the time of such bankruptcy or of the execution by the debtor of such
assignment for the benefit of his creditors or of executing such process (as the case
may be), and after the expiration of the said period of twenty-one days, shall be in the
possession or apparent possession of the person making such bill of sale, or of any
person against whom the process shall have issued under or in the execution of which
such bill of sale shall have been made or given as the case may be.
664 ORDINANCE No. 10 of 1864.
Bills of Sale.
Defeasance or 3. If such bill of sale shall be made or given subject to any defeasance or condi
conditions of
every bill of sale tion or declaration of trust not contained in the body thereof such defeasance or con
to be written on
the same paper.
dition or declaration of trust shall, for the purposes of this Ordinance be taken as
part of such bill of sale and shall be written on the same paper on which such bill of
sale shall be written , before the time when the same or a copy thereof respectively
shall be filed , otherwise such bill of sale shall be null and void to all intents and purposes
as against the same person and as regards the same property and effects , as if such bill
of sale or a copy thereof had not been filed according to the provisions of this Ordi
nance.
Registrar to keep 4. The Registrar shall cause every bill of sale, and every such schedule and in
a book contain
ing particulars ventory as aforesaid, and every such copy filed in his said office under the provisions.
of each bill of
sale.
of this Ordinance to be numbered , and shall keep a book in his said office in which he
shall cause to be fairly entered an alphabetical list of every such bill of sale, contain
ing therein the name, addition and description of the person making or giving the same,
or in case the same shall be made or given by any person under or in the execution of
process as aforesaid, then the name, addition and description of the person against
whom such process shall have issued , and also of the person to whom or in whose favor
the same shall have been given, together with the number and the dates of the execution
and filing of the same, and the sum for which the same has been given , and the time
or times (if any) when the same is thereby made payable according to the form contained
in the schedule to this Ordinance, which said book and every bill of sale or copy thereof
filed in the said office may be searched and viewed by all persons at all reasonable times
paying to the Registrar for every search against one person the sum of fifty cents and
no more.
A fee of one 5. A fee of one dollar shall be paid for filing and entering every such bill of sale,
dollar for filing
bill of sale and and the Registrar shall account therefor in like manner as is now done with respect to
Registrar to ac
count for the
same. other fees received by him by virtue of his said office.
Office copies or 6. Any person shall be entitled to have an office copy or an extract of every bill of
extracts to be
given on paying sale or of the copy thereof filed as aforesaid, upon paying for the same at the like rate
as for copies of
judgment.
as for office copies of judgments .
Satisfaction may 7. It shall be lawful for the Chief Justice to order a memorandum of satisfaction
be entered .
to be written upon any bill of sale or copy thereof respectively as aforesaid, if it shall
appear to him that the debt (if any) for which such bill of sale is given as security
shall have been satisfied or discharged .
Interpretation of 8. In construing this Ordinance the following words and expressions shall have
termis.
the meanings hereby assigned to them, unless there be something in the subject or
context repugnant to such constructions ; (that is to say) the expression " Bill of Sale"
shall include bills of sale, assignments , transfers , declaration of trust without transfer
and other assurances of personal chattels , and also powers of attorney, authorities or
licences to take possession of personal chattels as security for any debt, but shall not
include the following documents, that is to say, assignments for the benefit of the
creditors of the person making or giving the same, marriage settlements, transfers, or
ORDINANCE No. 10 OF 1864. 665
Bills of Sale.
assignments of any ship or vessel or any share thereof ; transfers of goods in the
ordinary course of business of any trade or calling ; bills of sale ofgoods in Foreign Parts
or at sea ; bills of lading ; India warrants ; warehouse keeper's certificates ; warrants or
orders for the delivery of goods or any other documents used in the ordinary course of
business as proof of the possession or control of goods, or authorizing or purporting to
authorize either by endorsement or by delivery the possessor of such document to
transfer or receive goods thereby represented .
The expression " personal chattels " shall mean goods , furniture, fixtures and other
articles capable of complete transfer by delivery and shall not include chattel interests
in real estate nor shares or interest in the stock, funds, or securities of any Government,
or in the capital or property of any incorporated or joint stock company nor choses in
action nor any stock or produce upon any farm or lands which by virtue of any covenant
or agreement or of the custom of the country, ought not to be removed from any farm
where the same shall be at the time of the making or giving of such bill of sale.
Personal chattels shall be deemed to be in the " apparent possession " of the person
making or giving the bill of sale so long as they shall remain or be in or upon any
house, mill, warehouse, building works, yard, land, or other premises occupied by him,
or as they shall be used and enjoyed by him, in any place whatsoever, notwithstanding
that formal possession thereof may have been taken by, or given to any other person.
SCHEDULE .
which
Execu
When
g
given
Sum
made
Filin
payable
how
Date
Date
and
for
Name, &c ., of the Whether bill of sale,
of
of
or
.
.
person making or assignment, transfer,
tion
giving the bill of Name, &c., of the or what other assur
.
person to whom
sale, or of the ance, and whether
.
person divested of made or given. absolute or conditional,
property. and number.
[ Repealed by Ordinance No. 12 of 1886. ]
666 ORDINANCE No. 11 of 1864 .
Jury.
No. 11 of 1864 .
Title. An Ordinance for consolidating and amending the Laws relative to
Jurors and Juries .
[ 13th September, 1864. ]
Preamble. HEREAS the laws relative to the summoning of jurors and the formation of
W juries are numerous and complicated, and it is expedient to consolidate and
simplify the same, and in some respects to amend the said laws : Be it enacted by His
Excellency the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
Ordinances 1. The several Ordinances and parts of Ordinances set forth in schedule ( A) to
repealed.
this Ordinance annexed , are hereby repealed to the extent to which the same are by
such schedule expressed to be repealed , except as to the now existing " Jurors' List,"
which shall continue in force until the first day of March now next ensuing , and except
as to anything done or fine incurred before the coming into operation of this
Ordinance.
All questions of 2. All questions of fact, whether of a civil or criminal nature, upon which issue
fact except &c.,
to be decided by shall be taken in the course of any proceeding in the Supreme Court, or before [the
a jury of seven.
sheriff: Repealed by Ordinance No. 24 of1882 and the word " any" substituted] Commissioner
or other officer of the same, and all questions of idiotcy , lunacy and unsoundness of
mind shall, except in cases otherwise provided for, be tried by a jury of seven men,
Verdict of 3. In the event of any of the jurors dissenting from the residue, the verdict of
majority to be
verdict ofjury
unless in capital a majority shall be held and deemed to all intents and purposes to be the verdict of
cases where
unanimity is the jury ; Provided always, that if any person be arraigned for any offence visited by
requisite.
the law with capital punishment, then and in such case the jury must be unanimous
in their verdict of guilty, but if such majority should find such person guilty of a
less crime than the capital one, then sentence of law shall follow the verdict of the
majority.
Who qualified to 4. Every male person between the ages of twenty-one and sixty years , being of
serve as jurors.
sound mind, and not afflicted with deafness , blindness, or other infirmity, who shall be
a good and sufficient person resident within the Colony, shall be qualified and liable to
serve as a juror : Provided , that no Member of the Colonial Councils, nor person
holding any office or situation of emolument under the Crown, nor salaried Foreign
Functionaries of Foreign Governments not carrying on business, nor any barrister,
physician, attorney, or surgeon actually practising as such within the Colony, nor any
chemist or druggist carrying on his business therein, nor any clergyman or dissenting
minister, nor any officer employed in the Military or Naval Service of Her Majesty,
nor any person ignorant of the English language, shall be, or be deemed liable to serve
as a juror.
ORDINANCE No. 11 OF 1864. 667
Jury.
5. Every person on demand by the sheriff, or some person duly authorized by Names of res
idents tobe given
to sheriff on
him, shall deliver in writing to the sheriff or authorized person as aforesaid, his demand for the
purpose of form
Christian or other names , and the surname or names at full length , under penalty of ng jury st.
his refusing or neglecting so to do of a sum not exceeding one hundred dollars.
[ Repealed by Ordinance No. 24 of 1882 and new section substituted. ]
6. Such fine shall be imposed and levied at the discretion and under order of the Penalty how
levied.
Supreme Court, on complaint made by the sheriff [ "Registrar" as amended by Ordinance
No. 24 of 1882] to the said Court in that behalf.
7. All fines so levied shall be paid into the hands of the Registrar of the Supreme Disposal of fines.
Court, and by him accounted for to the Colonial Treasurer.
8. The sheriff shall make a list in alphabetical order of all men who shall be Sheriff to make
out jury list and
transmit same
qualified to serve as jurors, setting forth the Christian or other names and surnames to Registrar, who
shall forward the
of each at full length , together with his place of abode, and shall sign and transmit a same through
the clerk of the
copy of such list to the Registrar of the Supreme Court, who shall thereupon cause a Councils to the
Governor and
copy of such list to be posted for the term of one fortnight on or in some conspicuous Legislative
Councilfor
approval or
part of the Court House, to the end that the inhabitants of the Colony may, as the alteration.
case shall be, apply by notice in writing to the Registrar, requiring that their names
may be respectively either added to or struck off from the said list, upon cause duly
assigned in such notice ; and the Registrar immediately after the expiration of the time
for posting such list, shall forward the same, and such notices as may be so served on
him, to the clerk of the Legislative Council, to the end that the Governor with the
advice of the Council (and he and they are hereby empowered so to do) may strike off
or add such name or names from among those of the said inhabitants as to the said
Governor and Council may appear fit, and the said list when so approved of, or altered ,
shall be returned to the Registrar by the clerk of the Council and called the " Jurors'
List." [Repealed by Ordinance No. 24 of 1882 and new section substituted. ]
9. Every jury list in force within the Colony shall contain the surnames of all Jury list.
men who shall be qualified and liable to serve on juries, together with the Christian or
other names by which such persons are usually known, whether such names shall have
been delivered in writing in accordance with the provisions in section five, [ Amended
by Ordinance No. 24 of 1882] or have been inserted therein [ by the sheriff, or : Repealed
ly Ordinance No. 24 of1882] by the Governor and Legislative Council.
10. If the sheriff or other minister, or officer, shall wilfully insert or omit in the Penalty on sheriff
for neglect of
list of jurors the name of any man which ought not to be so inserted or omitted duty.
C
according to the list of jurors so to be made out as aforesaid, or shall fail to sign and
transmit a correct copy of such list to the Registrar as hereinbefore directed , or shall
otherwise fail well and truly to do and perform all and every the acts, matters and
things, hereby required to be by him performed , such sheriff or other minister, or
officer, shall be fined at the discretion of the Court . [ Repealed by Ordinance No. 24 of
1882. ]
668 ORDINANCE No. 11 of 1864 .
Jury.
Jurylist to be in
use for one year. 11. On or before the first day of February in each year, the sheriff shall make out
and transmit a fresh jury list , in manner and form as hereinbefore directed ; and such
fresh jury list, when so transmitted, and approved of or altered as aforesaid, shall be
brought into use the first day of March then next following, and shall continue to be
used for one year. [ Repealed by Ordinance No. 24 of 1882. ]
Manner of form
ing panel. 12. When the jury list shall be completed and returned to the Registrar, he shall
1
cause the names therein to be written on separate cards and placed in a ballot box to
be kept for that purpose, and whenever it shall be requisite to summon a jury, the
sheriff shall attend at the Registrar's office and, in the presence of him or his deputy,
["a Deputy Registrar shall in the presence of the Registrar" as amended by Ordinance 1
No. 24 of 1882] draw from the said box eighteen, and at criminal sessions, thirty
of the said names to form a panel, and the cards so drawn shall thereupon be locked
up in a separate box therein to remain until the entire of the names in the ballot box
shall be exhausted by subsequent panels, when all the names of the jurors shall be
returned to the ballot box, if required, for the purposes of the current year, and in
such case the names shall again be redrawn in manner aforesaid . [ Proviso added by
Ordinance No. 7 of 1868.]
For summoning
juries. 13. The sheriff [" The Registrar " as amended by Ordinance No. 24 of 1882] shall ,
before the sitting of any Court whereat a jury shall be necessary, issue summonses ac
cording to the form in the schedule ( B ,) hereunto annexed, requiring the attendance
thereat of the persons so drawn from the ballot box, and every such summons shall be
personally served upon , or left at the usual place of abode of the person so summoned
two clear days before the day appointed for the sitting of the Court.
Panel.
14. The sheriff shall also, at the same time, cause to be delivered to the Registrar,
Deputy Registrar or clerk of the Court, a panel containing the names, places of abode,
and additions, of the persons so summoned . [ Repealed by Ordinance No. 24 of 1882 and
new section substituted . ]
Penalty for
non-attendance, 15. If any juror having been duly served with such summons , shall fail to attend ,
or being present shall not appear when called , or after appearance shall withdraw
himself without the permission of the Court, the Court shall, unless some reasonable
excuse be proved on oath or affidavit or otherwise to the satisfaction of the Court, set
upon the person so making default such fine, not exceeding the sum of one hundred
dollars, as to the said Court shall seem meet.
Jury to be
balloted for. 16. At the sitting of the Court the names of all the jurors summoned shall be
written on separate pieces of card of equal size and put into a box, and the Registrar,
Deputy Registrar or clerk of the said Court shall, in open Court, draw therefrom until
sevenjurors appear, who , after all just causes of challenge allowed, shall remain as fair and
indifferent, and the same shall be done whenever it shall be necessary to form anew jury.
Governor and
Council to mark 17. When and so often as the list of jurors shall have been transmitted by the
the names of
not less than Registrar in manner aforesaid to the Governor and Legislative Council, he and they
twenty-four.
[See Ord. No. 8 2 shall mark off, and designate with the term, " Special Juror," not less than twenty
1-72 ]
four of the names contained in the list, and the names of such special jurors shall be
1
1
ORDINANCE No. 11 or 1864. 669
Jury.
formed into a separate list ; and if either the plaintiff or the defendant in any suit or persons in the
general jury list,
action , or the prosecutor or defendant in any indictment or information other than for who shall be
liable to serve
treason or felony, shall be desirous of having such suit or action , indictment or infor as special jurors.
[See Ord, No. 8
of 1872.]
mation, tried by a special jury, (such special jury to consist of seven men so marked or
designated as aforesaid ,) it shall be lawful for the Court to order and appoint a special
jury to be struck by the Registrar, and summoned in the manner provided with respect
to common jurors ; Provided that the party applying for such special jury, and who shall
have obtained a rule or order of the Court for that purpose, shall , on entering the cause
for trial, deposit with the Registrar or other officer of the Court, a sum sufficient to cover
the expenses of the special jury ; otherwise the rule or order of Court to be of no
effect . And it is hereby further provided, that special jurors shall be exempt from
serving on any common jury, and that the verdict of every special jury shall be subject
to the said provisions respecting majorities, as if it were a common jury.
18. Nothing herein contained shall prevent the Court from exempting in its Power to the
Court to exempt
discretion any person or persons from serving as a juror on any trial, or from removing jurors.
their names from the list of jurors , on cause being shewn for so doing.
19. No person who shall be put upon his trial either for treason , felony, or No challenge
except for cause.
misdemeanour, shall be allowed to challenge any of the jurors except for cause.
20. Whenever there shall be a deficiency of jurors, it shall be lawful for the Court, Talesman .
at the prayer of either of the parties in the cause, with or without the consent of the
opposite party, to put upon the jury so many good and lawful men of the bystanders,
as shall be sufficient to make up the full number thereof.
21. The names of the persons sworn as common jurors in manner aforesaid , shall As to newjury
for new cases.
be marked on the list ; and those names so drawn shall be kept apart by themselves
until all the names in the ballot box shall have been drawn : Provided always, that if
any case shall be brought on to be tried in the Court before the jury in any other case
shall have brought in their verdict, it shall be lawful for the Court to order another
jury to be drawn from the residue of the said cards for the trial of the case which shall
be so brought on to be tried : Provided also , that where no objection shall be made on
behalf of the plaintiff or prosecutor, or on behalf of the defendant or prisoner, it shall
be lawful for the Court to try any case with the same jury that shall have previously
tried, or been drawn to try any other case , or to order the name of any person on such
jury, whom both parties may consent to withdraw or who may be justly challenged or
excused by the Court, to be set aside and another name to be drawn from the box, and
to try the case with the residue of such original jury, and with such person or persons
whose name or names shall be so drawn and who shall appear and be approved as
indifferent, and so as often and as long an any case remains to be tried.
22. After the jury in any case shall have been sworn , or charged with any prisoner How jury when
sworn or charged
with any
they shall be kept in some convenient place in Court apart by themselves until the prisoner, to be
kept.
Chief Justice or other presiding Judge has summed up the evidence and has left the
case with the jury, and if any such jury shall desire to withdraw for the purpose, of
considering their verdict, then they shall be kept by an officer of the Court in some
670 ORDINANCE No. 11 OF 1864.
Jury.
convenient place apart by themselves until they are agreed upon their verdict, or be
discharged therefrom by the Court ; and the officer shall be sworn that he will suffer
none to have access to them, or speak to them, and that he will not speak to them himself
except to ask whether they are agreed upon their verdict, or to communicate between
them and the Court. [ Repealed by Ordinance No. 7 of 1868 and new section substituted.
Repealed also by Ordinance No. 8 of 1872 and fresh section substituted. ]
Howjury to be 23. Whenever it may be necessary for the Court to adjourn the further sitting
kept when
necessary to of the Court during the trial of any case, it shall be competent to the Court to direct
adjourn the
Court.
the jury to be removed to some convenient place in the neighbourhood of the Court
during the said adjournment, under the charge of a proper officer of the Court.
[Proviso added by Ordinances Nos. 7 of 1868 and 8 of 1872. ]
Provision in case 24. If during the trial of any action, indictment, or information, any one or any
of death or
disability ofjuror. two of the said jurors shall be disabled by death, illness, or bodily infirmity from serving
on the jury, it shall be lawful for the Court in its discretion to order the trial of such
action, indictment or information, to be proceeded with in like manner as if the full
number of jurors had continued to serve on the jury, and any verdict returned by the
remaining jurors, or by a majority, shall be of equal validity and bave the same force
and effect as if it had been returned by a jury consisting of the full number of seven
jurors Provided always that in capital cases the remaining jurors must be unanimous
in their verdict in order to warrant sentence of capital punishment being passed on the
prisoner ; but if he be found guilty of a crime less than the capital one on which he is
arraigned, then sentence shall follow the finding of such majority ; Provided always,
that it shall be lawful for the Court, instead of proceeding with the trial with the
remaining jurors, to cause a new jury to be impanelled , sworn and charged with any
prisoner ; and the action, indictment or information shall be tried as if such first jury
had not been impanelled.
In case jury 25. Whenever the jury in any case has withdrawn, and been kept apart for the
cannot agree
upon verdict. purpose of considering their verdict, and shall not have returned the same before all
the other cases for trial at the same sittings or sessions shall have been disposed of,
and when it shall sufficiently appear to the Court that the said jury cannot agree upon
a verdict, and that there is not such a majority as aforesaid agreeing, the Court shall
discharge such jury, and shall cause a newjury to be impanelled and sworn and charged
with any prisoner, and the action, indictment or information shall be tried as if such
first jury had not been impanelled.
Verdict. 26. The verdict of the jury or majority as hereinbefore mentioned shall in all
cases be given by the foreman, in open Court, and in the presence of all the jury, and if
a criminal proceeding in the presence of the prisoner, and shall thereupon be recorded
by the Registrar of the Court ; and the Registrar shall, before taking the verdict , ask
if they are all or by what majority agreed thereon , and whether they find for the plaintiff
or for the defendant, and in the case of a prisoner, whether they find such prisoner
66
"Guilty " or " Not Guilty," and the jury shall either pronounce a general verdict for
the plaintiff or defendant, or of " Guilty " or " Not Guilty, " or else shall return a special
ORDINANCE No. 11 OF 1864. 67
Jury.
verdict finding the facts of the case : Provided always, that the jury may acquit any
prisoner of a part of the charge against him, and find him guilty of the remainder.
27. On all inquests to be held by the coroner, no greater number than three jurors Coroner's jury
to consist of
three.
shall be necessary. [ Repealed by Ordinance No. 17 of 1888.]
28. When any person shall have been duly summoned to attend as a juror by Any person duly
summoned as a
juror not
the coroner, and shall fail or neglect to attend at the time and place specified in such attending liable
to a penalty not
summons, it shall be lawful for the coroner to cause such person to be openly called in exceeding fifty
dollars.
his Court three times, to appear and serve as a juror, and upon the non-appearance of
such person, and proof that such summons has been served upon him, or left at his
usual place of abode, to impose such fine upon the person so making default not
exceeding fifty dollars as to the coroner shall seem fit ; and the coroner shall make Coroner to make
ont certificate
ofname, &c., of
out and sign a certificate, containing the name and surname, the residence and trade or the defaulter to
be transmitted to
calling of every person so making default, together with the amount of the fine which a Police
Magistrate.
shall have been imposed and the cause of such fine, and shall transmit such certificate
to one of the Police Magistrates , who shall cause a copy of such certificate to be served How copy of
certificate to be
served and
upon the person so fined, by having it left at his usual place of residence, or by penalty levied.
sending the same through the Post Office, addressed as aforesaid , and thereupon such
Magistrate shall cause such fine to be levied according to the provisions of Ordinance
No. 10 of 1844 , in the same manner as if the said fine had been imposed by himself.
[ Repealed by Ordinance No. 17 of 1888.]
29. This Ordinance may be cited for all purposes as " The Jury Law Consolidation Short title.
Ordinance, 1864 ." --
SCHEDULE ( A.)
ORDINANCES TO BE REPEALED.
Date of Ordinance. Title of Ordinance. Extent of Repeal.
No. 5 of 1847. An Ordinance for regulating Juries at Coroner's
Inquests ..... The whole Ordinance.
No. 4 of 1851. An Ordinance to repeal the Ordinances No. 7 of
1845, entitled " An Ordinance for the Regulation of
Jurors and Juries," and No. 4 of 1849, passed for the
amendment thereof, and to consolidate and amend the
Enactments relating to Jurors and Juries .... The whole Ordinance.
No. 3 of 1855. An Ordinance to remove doubts as to the legality
of the Jury List to be in force from the first day of March
1855 , and for enabling the Sheriff to render names with
greater accuracy in future Lists ........ The whole Ordinance.
No. 7 of 1857. An Ordinance for amending •the Laws relating to
Juries and Evidence ....... So much of section
9 as relates to section
5 of Ordinance No. 4
of 1851 , and to sec
tions 6 and 7 of the
same Ordinance.
No. 3 of 1858. An Ordinance for the Supreme Court Section 7.
No. 2 of 1860. An Ordinance to amend the Law relating to Jurors
and Witnesses Sections 5 & 6.
No. 4 of 1862. An Ordinance to amend Ordinance No. 4 of 1851,
and to increase the Jury l'anel to thirty The whole Ordinance.
1
672 ORDINANCES Nos . 11 AND 12 OF 1864 .
Jury. Bills of Exchange and Promissory Notes.
SCHEDULE ( B.)
SUMMONS TO JURORS.
Mr. A.B.
You are hereby summoned to appear as a juror at the Supreme Court to be holden at
in this Colony on the day of next at the hour of o'clock in the
forenoon, and there to attend from day to day until you shall be discharged from the Court.
(Signed) C.D..
[" Registrar" as
-amended * Sheriff.
by
Ordinance No. 24 of
1882 ] N.B.- The penalty for disobedience hereto is any sum not exceeding one hundred dollars.
[ All sections remaining unrepealed repealed by Ordinance No. 18 of 1887 except
sections 27 and 28 which were subsequently repealed as above noted.]
No. 12 of 1864.
Title. An Ordinance to facilitate the Remedies on Bills of Exchange and Prom
issory Notes by the Prevention of frivolous or fictitious Defences
to Actions thereon.
[ 13th September, 1864. ]
Preamble. HEREAS it is expedient that the several matters embraced by Ordinance No.
[See Ord. No. 13
of 1873 s. 81.] W 5 of 1856 should be provided for by separate and distinct Ordinances : Be it
enacted by His Excellency the Governor of Hongkong, with the advice of the Legisla
---
tive Council thereof, as follows :
Part of sec. 2 of 1. So much of section 2 of Ordinance No. 5 of 1856, as relates to the Imperial
Ordinance No.
5 of 1856, re Enactment entitled " The Summary Procedure on Bills of Exchange Act, 1855, " shall
pealed.
be repealed, except as to the proceedings in any action upon a bill of exchange or
promissory note commenced before the passing of this Ordinance.
All actions upon 2. All actions upon bills of exchange or promissory notes commenced within
bills of exchange,
&c. may be by six months after the same shall have become due and payable may be by writ of
writ of summons
as form in
schedule (A) .• summons in the special form contained in schedule (A) to this Ordinance annexed and
indorsed as therein mentioned , and it shall be lawful for the plaintiff, on filing an
affidavit of personal service of such writ within the jurisdiction of the Court, or an
Plaintiff on filing order for leave to proceed and a copy of the writ of summons and the indorsements
affidavit of per
sonal service thereon, in case the defendant shall not have obtained leave to appear and have
may at once
sign final judg
ment as form in appeared to such writ according to the exigency thereof at once to sign final judgment
schedule (B).
in the form contained in schedule (B) to this Ordinance annexed, for any sum not
exceeding the sum indorsed on the writ, together with interest, at the rate specified
(if any) to the date of the judgment, and a sum for costs to be fixed by the Registrar
subject to the approval of the Chief Justice, unless the plaintiff claim more than such
fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff
may upon such judgment issue execution forthwith.
ORDINANCE No. 12 OF 1864. 673
Bills of Exchange and Promissory Notes.
3. The Chief Justice shall upon application within the period of twelve days Defendant shew
ing a defence
upon the merits
from such service, give leave to appear to such writ, and to defend the action , on the to have leave to
appear .
defendant paying into Court the sum indorsed on the writ, or upon affidavits satis
factory to the Chief Justice which disclose a legal or equitable defence, or such facts
as would make it incumbent on the holder to prove consideration, or such other facts
as the Chief Justice may deem sufficient to, support the application, and on such
terms, as to security or otherwise, as to the Chief Justice may seem fit.
4. After judgment the Chief Justice may under special circumstances set aside Chief Justice
may under
the judgment, and , if necessary stay or set aside execution, and may give leave to special circum
stances set aside
judgment.
appear to the writ and to defend the action , if it shall appear to be reasonable to him
so to do, and on such terms as to him may seem just.
5. In any proceedings under this Ordinance it shall be competent to the Chief Chief Justice
may order bill
Justice to order the bill or note sought to be proceeded upon, to be forthwith deposited to be deposited
with Registrar.
with the Registrar, and further to order that all proceedings shall be stayed until the
plaintiff shall have given security for the costs thereof.
6. The holder of every dishonoured bill of exchange or promissory note shall Remedyfor
recovery of ex
penses of noting
have the same remedies for the recovery of the expenses incurred in noting the same non-acceptance.
for non-acceptance or non- payment , or otherwise by reason of such dishonour, as he
has under this Ordinance for the recovery of the amount of such bill or note.
7. The holder of any bill of exchange or promissory note may, if he think fit , Holder may
issue one sum
issue one writ of summons according to this Ordinance against all or any number mons against
all or any of the
parties to bill,
of the parties to such bill or note, and such writ of summons shall be the commence
ment of an action or actions against the parties therein named respectively, and all
subsequent proceedings against such respective parties shall be in like manner, so far
as may be, as if separate writs of summons had been issued .
8. The provisions of " The Common Law Procedure Act, 1852 ," and of "The Incorporation of
Common Law
Procedure Acts
Common Law Procedure Act, 1854," and all rules made under or by virtue of either and Rules.
of the said Acts shall, so far as the same are by other Ordinances extended to this
Colony and may be made applicable, extend and apply to all proceedings to be had or
taken under this Ordinance.
9. In citing this Ordinance in any instrument, document or proceeding, it shall Short title.
be sufficient to use the expression "The Summary Procedure on Bills of Exchange
Ordinance, 1864. "
SCHEDULES REFERRED TO IN THE FOREGOING ORDINANCE.
(A. )
VICTORIA, BY THE GRACE OF GOD, &c.
To C. D. of
We warn you, that unless within twelve days after the service of this writ on you, inclusive of the
day of such service, you obtain leave from the Chief Justice to appear, and do within that time appear
in the Supreme Court in an action at the suit of A. B. The said A. B may proceed to judgment and
execution.
Witness, &c.
674 ORDINANCE No. 12 or 1864.
Bills of Exchange and Promissory Notes.
Memorandum to be subscribed on the Writ.
N.B.- This writ is to be served within six calendar mont's from the date hereof, or if renewed.
from the date of such renewal, including the day of such date anl not afterwards,
Indorsement to be made on the Writ before Service thereof,
This writ was issued by E. F. of attorney for the plaintiff.
[ Or this writ was issued in person by A. B. who resides at [ here insert an accurate description of the
plaintiffs' residence] .
Indorsement.
The plaintiff claims [ ] dollars principal and interest [ or dollars
balance of principal and interest due to him as the payee [ or indorsee ] of a bill of exchange or promis
sory note of which the following is a copy. [ Here copy bill of exchange or promissory note, and all
indorsements upon it] .
And if the amount thereof be paid to the plaintiff or his attorney within days
from the service hereof, further proceedings will be stayed.
———
Notice,
Take notice, that if the defendant do not obtain leave from the Chief Justice within twelve days
after having been served with this writ inclusive of the day of such service to appear thereto , and do
within such time cause an appearance to be entered for him in the Supreme Court, the plaintiff will be
at liberty at any time after the expiration of such twelve days to sign final judgment for any sum not
exceeding the sum above claimed, and the sum of dollars for costs and issue execution
for the same.
Leave to appear may be obtained on an application at the Chief Justice's Chambers supported by
affidavit showing that there is a defence to the action on the merits, or that it is reasonable that the
defendant should be allowed to appear in the action.
Indorsement to be made on Writ after Serrice thereof.
This writ was served by X. Y. on L. M. (the defendant the defendants) on
Monday the day of 186 .
By X. Y.
(B. )
IN THE SUPREME COURT OF HONGKONG, /
On the day of A.D. 186
Hongkong (to wit) A. B. in his own person [ or by his attorney]
sued out a writ against C. D. indorsed as follows:
[Here copy indorsement of Plaintiff's claim}
And the said C. D. has not appeared
Therefore it is considered that the said A. B. recover against the said C. D. dollars
together with dollars for costs of suit.
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 13 of 1864 . 675
Mercantile Law Amendment.
No. 13 of 1864.
An Ordinance to amend the Laws of Trade and Commerce, Title.
[ 13th September, 1864. ]
HEREAS it is expedient that the matters embraced by Ordinance Preamble.
WH
No. 3 of 1857 should be provided for by separate and distinct
Ordinances : Be it
Be enacted by His Excellency the Governor of Hong
it enacted
kong, with the advice of the Legislative Council thereof, as follows :
1. So much of Ordinance No. 3 of 1857 as relates to " The Mercantile Part of Ordi
nance No. 3
of 1857 re
Law Amendment Act , 1856 " ( Imperial ) shall be and the same is hereby
pealed .
repealed , except as to anything done before, or any proceeding pending
at, the time of the passing of this Ordinance.
Protection to
2. No writ of fieri facias or other writ of execution, and no writ persons ac
of attachment against the goods of a debtor, shall prejudice the title to quiring title
to goods
such goods acquired by any person bonâ fide and for a valuable considera before seizure,
&c. under
tion before the actual seizure or attachment thereof by virtue of such writ, writ against
seller.
provided such person had not at the time when he acquired such title ,
notice that such writ or any other writ by virtue of which the goods of
such owner might be seized or attached , had been delivered to and
remained unexecuted in the hands of the sheriff.
3. In all actions and suits in either Court of Record in this Colony Specific deliv
ery of goods.
for breach of contract to deliver specific goods for a price in money on
the application of the plaintiff and by leave of the Judge before whom the
cause is tried, the jury or ( if the case be tried without a jury , ) the Judge
shall, ifthey or he find the plaintiff entitled to recover , find by their verdict
or his decision, as the case may be, what are the goods in respect of the
non -delivery of which the plaintiff is entitled to recover and which remain
undelivered ; what (if any ) is the sum the plaintiff would have been liable
to pay for the delivery thereof; what damages ( ifany ) , the plaintiff would
have sustained if the goods should be delivered under execution , as
hereinafter mentioned , and what damages , if not so delivered ; and there
upon if judgment shall be given for the plaintiff, the Court at its discre
tion , on the application of the plaintiff shall have power to order execu
tion to issue for the delivery, on payment of such sum, ( if any ) as shall
have been found to be payable by the plaintiff as aforesaid, of the said
goods without giving the defendant the option of retaining the same upon
paying the damages assessed ; and such writ of execution may be for the
delivery of such goods ; and if such goods so ordered to be delivered , or
676 ORDINANCE No. 13 OF 1864 .
Mercantile Law Amendment.
any part thereof cannot be found, and unless the Court shall otherwise
order, the sheriff or other officer of such Court of Record shall distrain
the defendant by all his lands and chattels in the Colony , till the defendant
deliver such goods, or at the option of the plaintiff, cause to be made of
the defendant's goods the assessed value or damages , or a due proportion
thereof; provided that the plaintiff shall, either by the same or a separate
writ of exccution, be entitled to have made of the defendant's goods the
damages, costs, and interest in such action or suit .
Consideration 4. No special promise to be made by any person, after the passing
for guarantee
need not of this Ordinance to answer for the debt, default, or miscarriage ofanother
appear by
writing. person , being in writing, and signed by the party to be charged therewith ,
or some other person by him thereunto lawfully authorized , shall be
deemed invalid to support an action , suit, or other proceeding to charge
the person by whom such promise shall have been made, by reason only
that the consideration for such promise does not appear in writing, or by
necessary inference from a written document.
Guarantee to 5. No promise to answer for the debt, default , or miscarriage of
or for a firm
to cease upon another made to a firm consisting of two or more persons , or to a single
a change in
the firm ex person trading under the name of a firm , and no promise to answer for
cept in spe
cial cases. the debt, default, or miscarriage of a firm consisting of two or more
persons, or of a single person trading under the name of a firm, shall be
binding on the person making such promise in respect of anything done
or omitted to be done after a change shall have taken place in any one or
more of the persons constituting the firm, or in the person trading under
the name of a firm , unless the intention of the parties, that such promise
shall continue to be binding notwithstanding such change, shall appear
either by express stipulation or by necessary implication from the nature
of the firm or otherwise.
A surety who 6. Every person who , being surety for the debt or duty of another,
discharges
the liability or being liable with another for any debt or duty, shall pay such debt or
to be entitled
to assignment perform such duty, shall be entitled to have assigned to him , or to a
of all secu
rities held by trustee for him, every judgment, specialty, or other security which shall
the creditor.
be held by the creditor in respect of such debt or duty, whether such
judgment, specialty, or other security shall or shall not be deemed at law
to have been satisfied by the payment of the debt or performance of the
duty, and such person shall be entitled to stand in the place of the cred
itor, and to use all the remedies, and , if need be, and upon a proper in
demnity, to use the name of the creditor, in any action or other proceed
ORDINANCE No. 13 OF 1864 . 677
Mercantile Law Amendment.
ing, at Law or in Equity , in order to obtain from the principal debtor, or
any co- surety , co -contractor, or co -debtor, as the case may be, indemnifi
cation for the advances made and loss sustained by the person who shall
have so paid such debt or performed such duty, and such payment or
performance so made by such surety shall not be pleadable in bar of any
such action or other proceeding by him : Provided always, that no co
surety, co- contractor, or co - debtor, shall be entitled to recover from any
other co-surety , co- contractor, or co -debtor, by the means aforesaid, more
than the just proportion to which, as between those parties themselves ,
such last mentioned person shall be justly liable.
7. No acceptance of any bill of exchange, whether inland or foreign, made after Acceptance of
any bill of ex
the 14th day of February 1857, shall be sufficient to bind or charge any person , unless change to be in
writing.
the same be in writing on such bill, or if there be more than one part of such bill, on
one of the said parts, and signed by the acceptor or some person duly authorized by him.
[ Repealed by Ordinance No. 9 of 1885. ]
8. All actions of account or for not accounting, and suits for such Limitation of
actions for
accounts, as concern the trade of merchandise between merchant and " Merchants
Accounts."
merchant, their factors or servants , shall be commenced and sued within
six years after the cause of such actions or suits ; and no claim in respect
of a matter which arose more than six years before the commencement of
such action , or suit, shall be enforceable by action or suit, by reason only
of some other matter of claim comprised in the same account having arisen
within six years next before the commencement of such action or suit .
9. No person or persons who shall be entitled to any action or suit Absence or
imprisonment
with respect to which the period of limitation within which the same shall of a creditor
not to be a
be brought is fixed by the Act 21 Jac. 1. c . 16. s. 3 , or by the Act 4 disability.
Anne, c . 16. s . 17 , or by the Act 53 Geo . 3. c . 127. s . 5 , or by the Act 3
and 4 Will. 4. c. 27. ss . 40 , 41 , and 42 , and c. 42. s . 3 , or by the Act 16
and 17 Vict. c . 113. s . 20 , shall be entitled to any time within which to
commence and sue such action or suit beyond the period so fixed for the
same by the enactments aforesaid , by reason only of such person , or some
one or more of such persons, being at the time of such cause of action or
suit accrued absent from the Colony, or in the cases in which by virtue
of any of the aforesaid enactments imprisonment is now a disability, by
reason of such person or some one or more of such persons being impris
oned at the time of such cause of action or suit accrued.
10. Where such cause of action or suit with respect to which the Period of
limitation to
period of limitation is fixed by the enactments aforesaid or any of them run as to
678 ORDINANCE No. 13 OF 1864.
Mercantile Law Amendment.
joint debtors lies against two or more joint debtors , the person or persons who shall
in Colony
though some be entitled to the same shall not be entitled to any time within which to
absent.
commence and sue any such action or suit against any one or more of
such joint debtors who shall not be absent from the Colony at the time
such cause of action or suit accrued, by reason only that some other one
or more of such joint debtors was or were at the time such cause of action
accrued so absent, and such person or persons so entitled as aforesaid
shall not be barred from commencing and suing any action or suit against
the joint debtor or joint debtors who was or were so absent at the time the
cause of action or suit accrued after his or their return to this Colony, by
reason only that judgment was already recovered against any one or more
of such joint debtors who was not or were not absent at the time aforesaid .
Imperial Acts 11. In reference to the provisions of the Imperial Acts 9 Geo. 4. c.
extended to
acknowledg 14. ss . 1. and 8 , and the 16 and 17 Vict. c. 113. s . 24, an acknowledg
ments by
agents. ment or promise made or contained by or in a writing signed by an agent
of the party chargeable thereby , duly authorized to make such acknow
ledgment or promise , shall have the same effect as if such writing had
been signed by such party himself.
Part payment 12. In reference to the provisions of the Imperial Acts 21 Jac . 1. c.
by one con
tractor, &c., 16. s . 3, and of the Act 3 and 4 Will. 4. c. 42. s . 3 , and of the Act 16 &
not to pre
vent bar by 17 Vict. c. 113. s . 20, when there shall be two or more co- contractors or
certain Statu
tes of Limi co-debtors, whether bound or liable jointly only or jointly and severally.
tations in
favor of or executors or administrators of any contractor, no such co-contractor or
another
contractor. co-debtor, executor, or administrator, shall lose the benefit of the said
enactments, or any of them, so as to be chargeable in respect or by reason
only of payment of any principal , interest , or other money, by any other
or others of such co - contractors or co - debtors , executors , or administrators.
Rules and re 13. It shall be lawful for the Chief Justice to make rules and regu
gulations may
be made and lations, and to frame writs and proceedings for the purpose of giving effect
writs and
proceedings to this Ordinance , and from time to time to amend such rules , orders and
framed for
the purposes forms, and such rules , orders or forms , or amended rules , orders and
of this Ordli
nance. forms shall be submitted to the Legislative Council, who may allow ,
disallow, or alter the same, and the rules, orders and forms so allowed or
altered , shall be of the same force and effect as if they had been specially
inserted herein .
Short title. 14. In citing this Ordinance it shall be sufficient to use the expres
sion " The Mercantile Law Amendment Ordinance 1864. "
4.216.9
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