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At page 32 - Note that Ordinance No. 10 of 1844 is repealed by Ordinance No. 10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At page 169 - Note that section 36 of Ordinance No. 14 of 1845 is repealed by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At page 248 -Note that Ordinance No. 5 of 1850 is repealed by Ordinance No. 10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At page 451 - Note that section 22 of Ordinance No. 3 of 1860 is repealed by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At page 477- Note that Ordinance No. 13 of 1860 is repealed by Ordinance No.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in foot- note substitute " repealed."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&c. no longer in force.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 s