THE 11 ~~16
ORDINANCES
OF THE
LEGISLATIVE COUNCIL OF THE COLONY
OF
HONGKONG ,
COMMENCING WITH THE YEAR 1844.
VOL. III .
CONTAINING ORDINANCES No. 1 OF 1874 To No. 22 or 1884, TOGETHER WITH REGULATIONS,
RULES AND ORDERS IN FORCE ON THE 31ST DECEMBER, 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.
DRO
By Authority .
2.
HONGKONG :
PRINTED BY NORONHA & Co., GOVERNMENT PRINTERS.
1891 .
R
H 2
3
1
7
8
8
❤
·
Rec. Sept. 30, 1905.
VOL. III.
¿
ADDENDUM.
At page 1411 under Ordinance No. 14 of 1875 note the following :
The Marriage Ordinance, 1875.
Notice is hereby given that the undermentioned place of Public Worship has in accordance with
section 6 of the said Ordinance been licensed by the Governor for the celebration of marriages in
addition to the places enumerated in Government Notification No. 422 of October 11th, 1890.
Union Church, Victoria.
[ Gazette 10th January, 1891. ]
Note at foot of Ordinance No. 16 of 1875, page 1418, that it has not been II. M.'s pleasure to
disallow Ordinance No 10 of 1890 . See Government Notification Gazette 7th March, 1891.
CORRIGENDUM.
At page 1788, Ord . No. 6 of 1884, section 15 , in the fifth line, for " It " substitute " If.“
> ว
CHRONOLOGICAL TABLE OF THE ORDINANCES
IN
Volume III ( pp. 1307 to 1834 )
showing how the Ordinances have been dealt with .
PAGE
NUMBER OF
AND ITLE . W DEALT WITH. COM
YEAR. MENCE
MENT.
No. 1 of 1874, An Ordinance to empower the Governor to 1
exercise certain Powers under " The Rep. by Ord. No. 8 of 1879, 1307
Merchant Shipping Act, 1873,"
No. 2 of 1874, An Ordinance to enable the Governor in
Council to grant a Pension to John 1309
Simpson, Esquire, Sorter in the General Rep. by Ord . No. 4 of 1887,
Post Office , ....
No. 3 of 1874, An Ordinance to consolidate and amend the
Confirmation never pro
Law relating to Chinese Passenger Ships, 1309
and the conveyance of Chinese Emi claimed : Rep. by Ord.
No. 5 of 1874, ..
grants, ...
No. 4 of 1874, An Ordinance to authorize the Appropriation
of a Supplementary Sum not exceeding Rep. by Ord . No. 4 of 1887, 1332
Thirty-two thousand Dollars to defray
the Charges of the Year 7873,
Sec. 2 rep. (in part) by
Ord. No. 6 of 1879.
Sec. 3 marginal note amend
ed by Ord . No. 1 of 1876 .
Sec. 5 (2 ) rep. by Ord .
No. 1 of 1876, but re
No. 5 of 1874, An Ordinance to consolidate and amend the vived by Ord. No. 3 of
Law relating to Chinese Passenger Ships 1876 .
1333
and the conveyance of Chinese Emi Sec. 5 all rep. by Ord . No.
grants, ... 5 of 1876 .
Sec. 15 (2 ) rep. and sec.
15, (5, 7 & 8) in part
rep. by Ord . No. 6 of
1879 .
All rep. by Ord . No. 1 of
1889, .....
No. 6 of 1874, An Ordinance to apply a Sum not exceeding
Seven hundred and Thirty thousand 1356
Dollars to the Public Service of the Year Rep. by Ord . No. 4 of 1887,
1875,
No. 7 of 1874, An Ordinance to control recruiting in the
Colony of Hongkong for the service of 1358
Foreign States,
Extended to all Naval
No. 1 of 1875, An Ordinance to provide means for enforcing Establishments on shore
good order, and discipline in the Police and sees. 1 , 2, 3 & 4 ) 1359
Force employed in the Royal Naval Yard, amended by Ord . No. 3
of 1879,
:.
IV CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. Сом
YEAR. MENCE
MENT.
No. 2 of 1875, An Ordinance for the better Protection of Made applicable to all )
women and children by
Chinese Women and Female Children, 1360
Ord . No. 7 of 1887.
and for the Repression of certain Abuses Rep. by Ord. No. 19 of
in relation to Chinese Emigration, ....
1889, ...
No. 3 of 1875, An Ordinance to render personation with
intent to deprive any person of any 1362
property felony,
No. 4 of 1875 , An Ordinance to provide a general Register Rep. by Ord . No. 14 of 1875 , 1363
of Marriages celebrated in Hongkong, . S
No. 5 of 1875, An Ordinance to authorize the Appropriation
of a Supplementary Sum not exceeding 1371
Rep. by Ord. No. 4 of 1887,
One hundred and Fifty thousand Dollars
to defray the Charges of the Year 1874,
No. 6 of 1875, An Ordinance to provide for Public and Bank 1372
Holidays , ......
No. 7 of 1875 , An Ordinance to provide for the Devolution
of the Site of St. Paul's College, and to 1373
provide means for altering the Statutes
of the said College, ....
In force 2nd August, 1875.
Proclamation 29th July, 1379
No. 8 of 1875, An Ordinance for licensing small Pas 1875.
senger Steamers and for other purposes, Rep. by Ord. No. 8 of 1879,
No. 9 of 1875 , | An Ordinance for the more effectual Protection | 1381
of Her Majesty's Naval Stores, ...... }
Rep. by Ord . No. 31 of
No. 10 of 1875, An Ordinance for compiling a new Edition 1886, and see Ords. Nos. 1386
of the Ordinances of the Colony, ...
6 & 17 of 1889, ......
In force 18th September,
No. 11 of 1875, An Ordinance to provide for the more con 1875. Proclamation 16th
venient administration of " The Extra September, 1875 : and 1387
dition Acts, 1870 and 1873," see Proclamation 10th
April, 1876, ..
In force 1st January, 1876.
No. 12 of 1875, An Ordinance to consolidate and amend the Proclamation 16th Sep
Ordinances relating to the Assessment tember, 1875. 1390
and Collection of Rates in the Colony, .. Rep. by Ord . No. 21 of
1885, ....
In force 18th September,
No. 13 of 1875 , | An Ordinance for consolidating and amending
1875. Proclamation 16th
the law relating to the speedy recovery of the same month. 1398
of Crown Debts for Rents and for Assess
Sec. 5 amended by Ord.
ments, Fees and Forfeitures, ... No. 3 of 1888,
No. 14 of 1875, An Ordinance to provide a general Register Confirmation proclaimed
and in force from 1st 1401
of Marriages celebrated in Hongkong, ..
March, 1876, ..
No. 15 of 1875, An Ordinance to apply a Sum not exceeding
Seven hundred and Sixty-seven thousand
Dollars to the Public Service of the Year Rep. by Ord. No. 4 of 1887, .. 1411
1876, ....
CHRONOLOGICAL TABLE OF THE ORDINANCES . V
PAGE
NUMBER • OF
AND TITLE . HOW DEALT WITH . Сом
YEAR. MENCE
MENT.
( Sec. 7 rep. by Ord. No. 31
of 1881 .
Sec. 20 amended by Ord .
No. 8 of 1889.
No. 16 of 1875, An Ordinance to amend and consolidate the All rep. by Ord. No. 10 of
laws concerning the jurisdiction of 1890, as from January 1413
Magistrates over indictable offences and 1st, 1891 , subject to H.
for other purposes ,. M.'s right of disallow
ance which has not been
exercised see Govt. Not.
Gazette 7th March,
1891 ,
No. 1 of 1876, An Ordinance to amend the Law relating to
Chinese Passenger Ships and the Con Rep. by Ord. No. 3 of 1876, .. 1418
veyance of Chinese Emigrants, ..
No. 2 of 1876, An Ordinance for divesting the Registrar Rep . by Ord . No. 19 of 1889, 1420
General of his
(The enactments thereby
No. 3 of 1876, An Ordinance to repeal Ordinance No. 1 of revived have been re 1421
1876,
pealed), ....
Never in force : disallowed
No. 4 of 1876 , An Ordinance to authorise " The China
in C.O.D. No. 97 , 25th
Traders' Insurance Company, Limited ," 1422
July, 1876 .
to sub-divide its Shares, ..
Rep. by Ord. No. 1 of 1877,
No. 5 of 1876 , An Ordinance to amend the Law relating to Confirmation proclaimed
Chinese Passenger Ships and the Con 13th July, 1876. 1423
veyance of Chinese Emigrants, .... Rep. by Ord. No. 1 of 1889,
No. 6 of 1876 , An Ordinance to authorize the Appropria
tion of a Supplementary Sum not exceed Rep. by Ord. No. 4 of 1887, 1426
ing Fifty-five thousand Dollars to defray
the Charges of the Year 1875 , ………….
No. 7 of 1876, An Ordinance to apply a Sum not exceeding
Eight hundred and Eight thousand Two 1427
hundred Dollars to the Public Service of Rep. by Ord. No. 4 of 1887 ,
the Year 1877,
No. 8 of 1876, An Ordinance to consolidate and amend the
Ordinances relating to Deportation, Con
ditional Pardons, the Branding and Pun Never confirmed .
ishment of certain Criminals, and the Rep. by Ord. No. 3 of 1429
Ordinance No. 9 of 1857, entitled " An 1881 ,
amended Ordinance for better Securing
the Peace of the Colony,"
Secs. 3, 4, 5, 6 & s. 7 (in
No. 9 of 1876, An Ordinance to consolidate and amend the part) rep. by Ord . No. 27 1432
Law relating to Public Gambling, .... of 1888, and new sections
and words substituted,
In force 23rd July, 1877 .
Proclamation 17th July,
No. 10 of 1876 , An Ordinance to amend the Law relating to 1877. 1434
the Postal Matters of the Colony, ....
Rep. by Ord. No. 12 of
1884,
' .
:
VI CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . Сом
YEAR. MENCE
MENT.
No. 11 of 1876, An Ordinance to regulate the number of Pas
sengers carried by Steam-vessels plying
between Hongkong and Macao, and bet Rep. by Ord. No. 8 of 1879, 1442
ween Hongkong and places on the Canton
River,
No. 1 of 1877 , An Ordinance to amend " The Companies
Ordinance , 1865" and to repeal Ordinance . 20 (in part) rep. by 1443
{ SecOrd. .. }
No. 4 of 1876,
No. 2 of 1877, An Ordinance to authorize the Appropriation
of a Supplementary Sum not exceeding 1456
Rep. by Ord. No. 4 of 1887,
Seventy-four thousand Dollars to defray
the Charges of the Year 1876, ......
No. 3 of 1877, An Ordinance to apply a sum not exceeding
Seven hundred and eighty-three thou 1457
sand Dollars to the Public Service of Rep. by Ord. No. 4 of 1887,
the year 1878, ...... ..
No. 1 of 1878 , | An Ordinance to relieve a certain class of Confirmation proclaimed
Passenger Steamers from the Regulations
of Schedule A of " The Chinese Passen 10th June , 1879 .
Sec. 1 amended by Ord . 1458
gers ' Act, 1855 " and from the Regula No. 2 of 1879.
tions of Schedule E of " The Chinese
All rep. by Ord . No. 1 of
Emigration Consolidation Ordinance,
1889,
1874 " & c. , & c.,
No. 2 of 1878, An Ordinance to amend Ordinance No. 4 of
of
1863, .... Rep. by Ord . No. 18 of 1885, .. 1462
No. 3 of 1878, An Ordinance to amend " The Markets Or
dinance 1858 ," ... Rep. by Ord. No. 17 of 1887, .. 1463
No. 4 of 1878, An Ordinance to authorize the Appropriation
of a Supplementary Sum not exceeding 1464
Rep. by Ord. No. 4 of 1887 , ..
Forty-five thousand Dollars to defray the
Charges of the Year 1877 , ....
No. 5 of 1878 , An Ordinance to apply a sum not exceeding
Seven hundred and seventy-nine thou
sand Dollars to the Public Service of the Rep. by Ord . No. 4 of 1887, .. 1465
Year 1879, ...
Sees. 2, 5 and 6 rep. by Ord.
No. 7 of 1879.
Sec. 13 (in part) rep. by
No. 1 of 1879 , | An Ordinance to amend Ordinance No. 2 of Ord. No. 4 of 1883.
1858 entitled " An Ordinance for Licen
Secs. 7, 11 , 15 and 16 1466
sing and Regulating the Sale of Prepa
amended by Ord . No. 4
red Opium," of 1883.
All rep. by Ord. No. 1 of
1884, .... .... J
No. 2 of 1879, An Ordinance to amend Ordinance No. 1 of
1878, .... Rep. by Ord. No. 1 of 1889 , .. 1471
No. 3 of 1879, An Ordinance to extend Ordinance No. 1 of
1875 to provide means for enforcing good
order and discipline in the Police Force 1471
employed in the Royal Naval Yard to
the other Establishments of the Royal
Navy in this Colony, ..
}
CHRONOLOGICAL TABLE OF THE ORDINANCES . VII
Q
1
PAGE E
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
I
No. 4 of 1879 , An Ordinance to authorize the Appropria
tion of a Supplementary Sum not exceed
ing Sixty-nine thousand, Two hundred Rep. by Ord . No. 4 of 1887, .. 1472
and Forty Dollars and Thirty Cents to I
defray the Charges of the Year 1878, A
F
No. 5 of 1879, An Ordinance to apply a Sum not exceeding
Eight hundred, and Thiry-two thousand
Rep. by Ord. No. 4 of 1887 , .. 1473
and Forty-eight Dollars to the Public
Service of the year 1880 ,
No. 6 of 1879 , An Ordinance to further amend the Law Confirmation proclaimed
relating to Chinese Passenger Ships , and 6th April, 1880. 1474
the Conveyance of Chinese Emigrants,.. Rep. by Ord. No. 1 of 1889,
Sees. 4, 7 (3 ), 9 and 10
No. 7 of 1879 , An Ordinance to amend "The Excise Ordi amended by Ord . No. 4 of
1883, 1475
nance (Opium) 1858-1879 ", All Rep. by Ord. No. 1 of
1884,
1
In force from 17th July, 1
1880. Proclamation 16th
July, 1880.
Sec. 5 (9) amended by Ord.
No. 3 of 1880 .
Sec. 7 (7) amended by Ord.
No. 3 of 1880 and No.
5 19 of 1882 .
In Sec. 13 (3 ) the words
"materially ” and “ ma
terial " rep. by Ord. No.
3 of 1880.
Sec. 15 ( 8 ) (in part) and
(9) rep. by Ord. No. 14
No. 8 of 1879 , An Ordinance to consolidate and amend the of 1884.
laws relating to merchant shipping, the Sec. 16 (7) amended by
duties of the Harbour Master, the control Ord. No. 3 of 1880.
1478
and management of the waters of the Sec. 25 ( 1 ) , (6 ) amended
Colony and the regulation of vessels. by Ord . No. 16 of 1882.
navigating the same, The whole sec. rep. by
Ord. No. 9 of 1883.
Sec. 27 (1 ) amended by
Ord. No. 3 of 1880.
Secs. 33, 34 extended by
Ord. No. 35 of 1889.
Sec. 39 (a. ) (in part) rep.
by Ord. No. 24 of 1889.
Table ( C. ) added to by Ord.
No. 3 of 1887.
Table (F.) cancelled by
Regulations 11th June,
1886, and new Regula
tions substituted 29th
January, 1889, ....
O
VIII CHRONOLOGICAL TABLE OF THE ORDINANCES .
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH. COM
YEAR. MENCE
MENT.
No. 1 of 1880, An Ordinance to authorize the Appropria
tion of a Supplementary Sum of Fifty
one thousand Seven hundred and Seventy Rep. by Ord . No. 4 of 1887 , .. 1564
seven Dollars and Ninety Cents to de
fray the Charges of the Year 1879 , ....
No. 2 of 1880, An Ordinance entitled " The Emigration Confirmation never pro
Ordinances Amendment Ordinance, claimed . 1565
1880," ... ... ... Rep. by Ord . No. 4 of 1887,
No. 3 of 1880, An Ordinance entitled " The Merchant Ship
ping Consolidation Ordinance Amend 1565
ment Ordinance, 1880 ," ...
No. 4 of 1880, An Ordinance for the naturalization of Er
nest John Eitel, Master of Arts, Doctor 1566
of Philosophy, Inspector of Schools,
& c. , & c., .
No. 5 of 1880, An Ordinance to amend Ordinance 9 of 1857 , .. 1566
No. 6 of 1880, An Ordinance entitled, " An Ordinance to
Continued in force until
make temporary provision for securing 1567
April 30th , 1890, by an
the status of French Mail Steamers within nual enactment ,
the Ports of the Colony of Hongkong, ..
No. 7 of 1880, An Ordinance entitled , " The Prisons Disallowed. Proclamation
Regulations Amendment Ordinance, 2nd September, 1881. 1567
1880," .... Rep. by Ord. No. 4 of 1887,
No. 8 of 1880, An Ordinance to apply a sum not exceeding
Eight hundred and Forty-five thousand
Rep. by Ord. No. 4 of 1887 , .. 1568
eight hundred and Thirty-eight Dollars
to the Public Service of the Year 1881 ,
No. 1 of 1881 , An Ordinance entitled The Macao Extra 1569
dition Ordinance , 1881 ," .
No. 2 of 1881 , An Ordinance entitled " The Census Ordi 1583
nance, 1881 ,"
No. 3 of 1881 , An Ordinance entitled " The Penal Ordi Sec. 3 added to by Ord. 1584
nances amendment Ordina 1881 , " .. { No. 9 of 1884, ......
Confirmation never pro
No. 4 of 1881 , An Ordinance entitled the " Banishment and claimed. 1586
Conditional Pardons Ordinance, 1881 ,"
Rep. by Ord . No. 4 of 1887,
No. 5 of 1881 , An Ordinance for the naturalization of Fung | 1589
Ming- shán,
No. 6 of 1881 , An Ordinance for the naturalization of \ 1589
Wong Shè- Tái,
No. 7 of 1881 , An Ordinance for the naturalization of Shi
1589
Shang -kái, ...
No. 8 of 1881 , An Ordinance for the naturalization of 1590
Púng Im , .... S
No. 9 of 1881 , | An Ordinance for the naturalization of Ip 1590
Him-kwong, ....
No. 10 of 1881 , An Ordinance for the naturalization of Ün 1591
Man Ts'oi, ..
CHRONOLOGICAL TABLE OF THE ORDINANCES . IX
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . Сом
YEAR. MENCE
MENT.
No. 11 of 1881 , An Ordinance to authorize the Appropriation
of a Supplementary Sum of Twenty
thousand Seven hundred and Forty Rep. by Ord. No. 4 of 1887 , 1591
three Dollars and Ninety-five Cents to
defray the Charges of the Year 1880,
Confirmation never pro
No. 12 of 1881 , An Ordinance entitled the " Banishment and claimed . 1592
Conditional Pardons Ordinance, 1881 , "
Rep. by Ord. No. 4 of 1887,
No. 13 of 1881 , An Ordinance to apply a sum not exceeding
Nine hundred and Eleven thousand , Five
Rep. by Ord . No. 4.of 1887 , 1594
hundred and Ten Dollars to the Public
Service of the Year 1882 , ....
No. 14 of 1881 , An Ordinance entitled the " Companies Or 1596
dinance, 1881 , " ... ...
No. 15 of 1881 , An Ordinance entitled " French Mail Steam
ers Ordinance continuation Ordinance, Rep. by Ord. No. 4 of 1887, 1597
1881 ," .....
No. 1 of 1882, An Ordinance for authorizing the construc Confirmation never pro
tion of certain Tramways within the claimed. 1598
Colony of Hongkong, Rep. by Ord. No. 4 of 1887,
No. 2 of 1882 , An Ordinance for the naturalization of
1639
Chan Teng Cho , ....
No. 3 of 1882, An Ordinance for the naturalization of ' Ng 1639
Li Hing, ... ..
No. 4 of 1882 , An Ordinance for the naturalization " of \ 1640
Yau Chong Peng,
1640
No. 5 of 1882 , An Ordinance for the naturalization of Chan }
No. 6 of 1882 , An Ordinance entitled an Ordinance to amend
Ordinance 6 of 1863, (Regulation of Rep. by Ord. No. 5 of 1883 , 1641
Chairs and Vehicles) , ...
No. 7 of 1882, An Ordinance to amend the Law with re- Rep. by Ord . No. 3 of 1885 ,
1642
ference to Bankers' Books Evidence, ·. ·
Sec. 3 amended by Ord .
No. 8 of 1882, An Ordinance entitled The Banishment and ) No. 4 of 1885 .
1643
m
Conditional Pardons Ordinance, 1882 , .. ) Confirmation proclaimed
e
d
7th July, 1882,
No. 9 of 1882, An Ordinance entitled Bankruptcy Official ) 1646
Assignee Ordinance, 1882 ,
No. 10 of 1882 , An Ordinance for the naturalization of
William Quincey, .. ... 1647
No. 11 of 1882, An Ordinance for the naturalization of Hü
... 1648
Wa,
No. 12 of 1882, An Ordinance for the naturalization of Ho
1648
Shun, ...
X CHRONOL OGICAL TABLE OF THE ORDINANCES .
LOGIC
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR . MENCE
MENT.
No. 13 of 1882 , An Ordinance entitled " French Mail Steam
ers Ordinance continuation Ordinance , Rep. by Ord. No. 4 of 1887. 1648
1882,"...
No. 14 of 1882 , An Ordinance to authorize the Appropriation
of a Supplementary Sum of Forty-nine
thousand and Ninety-two Dollars & Rep. by Ord. No. 4 of 1887. 1649
Sixty-eight Cents to defray the Charges
of the Year 1881 ,
No. 15 of 1882, An Ordinance to apply a sum not exceeding
Nine hundred and Thirty-seven thousand, 1650
Rep. by Ord. No. 4 of 1887.
Nine hundred & Twenty-eight Dollars
to the Public Service of the Year 1883 ,
No. 16 of 1882 , An Ordinance entitled The Merchant Ship
ping Consolidation Ordinance, 1879, Rep. by Ord . No. 9 of 1883 . 1651
Amendment Ordinance, 1882, ....
No. 17 of 1882 , An Ordinance entitled The Supreme Court 1652
(Vacation) Ordinance, 1882, .......
No. 18 of 1882 , An Ordinance entitled " The Volunteer Ord 1653
inance, 1882,
No. 19 of 1882 , An Ordinance entitled "The Merchant Ship
ping Consolidation Ordinance Amend 1654
ment Ordinance, (No. 2 ) 1882 ," .
No. 20 of 1882 , An Ordinance to provide for the vacation of
offices, and the determination of pensions 1655
and allowances held by persons con
victed of crime, ....
No. 21 of 1882, An Ordinance entitled The Hongkong and
Shanghai Bank Ordinance Amendment 1655
Ordinance, 1882,
No. 22 of 1882 , An Ordinance to amend the Supreme Court | 1657
Ordinance, 1873 , ……
...
No. 23 of 1882 , An Ordinance entitled " The Criminal Pro- Sec. 1 (in part) rep. by Ord. 1661
cedure Ordinance , 1882 ," .... { No. 8 of 1884, }
No. 24 of 1882 , An Ordinance entitled " The Jurors & Juries | 1662
Ordinance, 1882 ," Rep . by Ord . No. 18 of 1887 .
In force from 1st March,
No. 1 of 1883 , An Ordinance to consolidate and amend the 1883 : Proclamation 27th 1663
law relating to Distraints for Rent, ....
February, 1883, .....
Disallowed in C.O.D. No.
No. 2 of 1883 , An Ordinance entitled The Mahomedan
71, April 26th, 1883. 1675
Cemetery Ordinance Amendment Ordi
Rep. by Ord. No. 4 of
nance, 1883, 1887,
No. 3 of 1883, An Ordinance entitled the Companies Ordi- } 1675
nance Amendment Ordinance, 1883 , .... (
No. 4 of 1883, An Ordinance entitled the Excise Ordinances
(Opium ) 1858-1879 , Amendment Ordi Rep. by Ord. No. 1 of 1884. 1675
nance, 1883, ....
CHRONOLOGICAL TABLE OF THE ORDINANCES . XI
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . Сом
YEAR. MENCE
MENT.
In force from 2nd April
1883 : Proclamation 24th
No. 5 of 1883 , An Ordinance entitled, The Vehicles and 1677
March, 1883.
Public Traffic Ordinance, 1883, .....
Rep. by Ord. No. 21 of
1887,
Confirmation proclaimed
No. 6 of 1883, An Ordinance for authorizing the construc
3rd November, 1883 . 1679
tion of certain Tramways within the Sec. 4 rep. by Ord . No. 18
Colony of Hongkong, of 1883 .
In force from 13th June,
1883 : Proclamation of
No. 7 of 1883, An Ordinance entitled The Order and Clean
same date. 1745
liness Amendment Ordinance, 1883, ..
Rep. by Ord. No. 24 of
1887,
No. 8 of 1883, An Ordinance entitled The Excise Ordi
nances (Opium) 1858-1879 Amendment Rep. by Ord. No. 1 of 1884, .. 1748
Ordinance 1883, (No. 2 ), .....
No. 9 of 1883 , An Ordinance entitled The Merchant Ship
ping Consolidation Ordinance, 1879, 1748
Amendment Ordinance, 1883,
No. 10 of 1883, An Ordinance entitled The French Mail
Steamers Ordinance continuation Ordi Rep. by Ord. No. 4 of 1887 , .. 1752
nance, 1883, ...
No. 11 of 1883, An Ordinance to authorize the Appropriation
of a Supplementary Sum of One hundred
and Thirty-two thousand Two hundred. Rep. by Ord. No. 4 of 1887 , .. 1753
and Seventy-three Dollars and Five Cents
to defray the Charges of the Year 1882 ,
No. 12 of 1883, An Ordinance to apply a sum not exceeding
One million and Fifty-one thousand, One 1754
Rep. by Ord. No. 4 of 1887 , ..
hundred and Eighty-seven Dollars to the
Public Service of the Year 1884, ....
..
No. 13 of 1883 , An Ordinance for the naturalization of Lai 1755
Fong, ...
No. 14 of 1883 , An Ordinance for the naturalization of Ja 1756
nuario Antonio de Carvalho, .....
No. 15 of 1883 , An Ordinance for the naturalization of Wong 1756
Shing, ..
No. 16 of 1883, An Ordinance for the naturalization of Hen 1757
rique Joaquim Rodrigues, .... }
No. 17 of 1883, An Ordinance to authorise The Honourable
Francis Bulkeley Johnson to construct In force from 1st January,
piers and wharves in the harbour of 1884: Proclamation 29th
1757
Victoria, and to confer upon the said December, 1883.
Francis Bulkeley Johnson certain other Rep. by Ord. No. 4 of 1887,
powers and privileges, ...
No. 18 of 1883, An Ordinance for amending the Tramways 1761
Ordinance, 1883, ..
XII CHRONOLOGICAL TABLE OF THE ORDINANCES.
PAGE
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR. MENCE
MENT.
In force from 27th March,
1884 : Proclamation of
No. 1 of 1884, An Ordinance entitled The Opium Ordi- \ same date. 1762
nance, 1884,. Secs. 27 and 28. extended
by Ord. No. 17 of 1886 .
No. 2 of 1884, An Ordinance for the naturalization of Wil 1778
liam Doberck, ………… .
No. 3 of 1884, An Ordinance to amend Ordinance 3 of 1778
1862, ....
No. 4 of 1884, An Ordinance to authorise Catchick Paul
In force from 31st March,
Chater, Esq. to construct piers and 1884 : Proclamation 29th
wharves in the harbour of Victoria, and to 1779
March, 1884.
confer upon the said Catchick Paul Cha
Rep. by Ord. No. 4 of 1887,
ter certain other powers and privileges ,
No. 5 of 1884, An Ordinance for the naturalization of 1784
Tséung Sz -Kái,
No. 6 of 1884, An Ordinance entitled The Medical Regis- \ 1785
tration Ordinance, 1884, J
No. 7 of 1884, An Ordinance entitled The Dangerous Goods 1791
Ordinance, Amendment Ordinance, 1884, J
No. 8 of 1884 , An Ordinance entitled The Criminal Proce 1791
dure Amendment Ordinance, 1884, .... X
No. 9 of 1884, An Ordinance to amend Ordinance 3 of 1
1881 , .... 1792
No. 10 of 1884, An Ordinance to facilitate the business of Disallowance notified in
1792
Savings Banks, S Gazette 2nd May, 1885, f
No. 11 of 1884, An Ordinance entitled The French Mail
Steamers Ordinance continuation Ordi Rep. by Ord . No. 4 of 1887, .. 1793
nance, 1884,
In force from 5th May, ]
1884 Proclamation of
same date .
Sec. 9 rep. (in part) by
No. 12 of 1884, An Ordinance entitled The Post Office Ordi Ord. No. 11 of 1885.
1794
nance, 1884, .... } Sec. 11 rep. and amended
(in part) by Ord. No. 11
of 1885.
All Rep. by Ord . No. 1 of
1887,
No. 13 of 1884, An Ordinance to amend Ordinance 3 of 1802
1871 ,
No. 14 of 1884 , An Ordinance entitled The Merchant Ship
ping Ordinance, 1879, Amendment Ordi 1802
nance, 1884,
NO
CHRONOLOGICAL TABLE OF THE ORDINANCES . XIII
PAGE 1
NUMBER OF
AND TITLE. HOW DEALT WITH . COM
YEAR . MENCE
MENT.
In force from 1st April, )
1885 Proclamation 5th
March, 1885.
Sec. 9 rep. by Ord . No. 2
1 of 1885.
No. 15 of 1884, An Ordinance entitled The Stamp Ordinance, Sec. 10 rep. (in part) by 1803
1884, Ord. No. 2 of 1885 .
1
Schedule, Articles 8 and
32, amended by Ord. No.
2 of 1885 .
All Rep. by Ord . No. 16 of
1886, J
No. 16 of 1884, An Ordinance entitled The Preservation of
Birds Ordinance 1870, Amendment Or Rep. by Ord. No. 15 of 1885 , .. 1813
dinance 1884, . . .
No. 17 of 1884, An Ordinance to make provision for certain
duties formerly attaching to the Office of 1813
Sheriff,
No. 18 of 1884, An Ordinance to authorise Francis Bulkeley
Johnson to construct piers and wharves No date proclaimedfor the
in the harbour of Victoria, and to confer coming into operation of 1814
upon the said Francis Bulkeley Johnson the Ordinance,
certain other powers and privileges, ....
No. 19 of 1884, An Ordinance to authorise Catchick Paul )
Chater to construct piers and wharves in Nodateproclaimedforthe
the harbour of Victoria , and to confer coming into operation of 1821
upon the said Catchick Paul Chater the Ordinance,
certain other powers and privileges , ....
No. 20 of 1884, An Ordinance to authorize the Appropriation
of a Supplementary Sum of Two hun
dred and Thirty-five thousand Three
hundred and Forty-five Dollars and Rep. by Ord. No. 4 of 1887, .. 1829
Twenty-six Cents to defray the Charges
of the Year 1883,
No. 21 of 1884, An Ordinance to apply a sum not exceeding
One million and Six thousand, Eight S Rep. by Ord. No. 1 of 1885 , 1831
hundred and Eighty -one Dollars to the and No. 4 of 1887 , .... ſ
Public Service of the Year 1885 , ………….
No. 22 of 1884, An Ordinance entitled The Peace Preserva- Rep. by Ord. No. 4 of 1887 , .. 1832
tion Ordinance, 1884,
1
ļ
ALPHABETICAL TABLE OF ORDINANCES
IN
Volume III (pp . 1307 to 1834)
being an Index to the titles of the Ordinances.
SUBJECT MATTER. NUMBER AND YEAR. PAGE .
Appropriation, No. 6 of 1874, 1356
99 No. 15 of 1875, 1411
59 No. 7 of 1876, 1427
39 No. 3 of 1877, 1457
No. 5 of 1878, 1465
99 No. 5 of 1879, 1473
99 No. 8 of 1880,
93 No. 13 of 1881 , 150
No. 15 of 1882, 155
:::
" No. 12 of 1883,
No. 21 of 1884.
Appropriation (Supplementary,) ... No. 4 of 15 :
No. 5 f
39
99
*
19 "" No Fu
93 39 No
***
29 "" 4
99 29 N
99 39
*
99
*
99
32
36
Assessment of P
569
Attornies, &
1362
Banishm
1358
1567
XVI ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Banishment and Conditional Pardons, No. 12 of 1881 , 1592
99 99 "" No. 8 of 1882, 1643
Bank ( Hongkong & Shanghai, ) No. 21 of 1882 , 1655
Bank Holidays, .... No. 6 of 1875 , 1372
Bankers ' Books Evidence,. No. 7 of 1882 , 1642
Bankruptcy (Official Assignee,) No. 9 of 1882 , 1646
Barristers , Attornies, & c., No. 13 of 1884, 1802
Birds (Preservation , ) .. No. 16 of 1884, 1813
Branding of Criminals, No. 8 of 1876 , 1429
Cemetery (Mahomedan,) No. 2 of 1883 , 1675
Census, .... No. 2 of 1881 , 1583
Chairs and Vehicles ( Regulation,) No. 6 of 1882, 1641
Chater's Piers and Wharves, No. 4 of 1884, 1779
99 99 "" No. 19 of 1884, 1821
China Traders' Insurance Company, Limited,. No. 4 of 1876 , 1422
Chinese Emigration ( See Chinese Passengers Ships,)
Chinese Passenger Ships , .... No. 3 of 1874, 1309
99 99 "" No. 5 of 1874, 1333
99 99 99 (Amendment ,) . No. 1 of 1876 , 1418
No. 3 of 1876, 1421
339
99 "" (Repeal,) .
29 99 99 (Amendment,) .... No. 5 of 1876, 1423
99 99 "9 99 No. 1 of 1878, 1458
"" 29 "" No. 2 of 1879 , 1471
97 "" 99 22 No. 6 of 1879, 1474
22 99 29 "" No. 2 of 1880, 1565
Cleanliness (Order and , ) No. 7 of 1883, 1745
Companies, No. 1 of 1877, 1443
29 No. 14 of 1881 , 1596
"" No. 3 of 1883, 1675
Conditional Pardons, No. 8 of 1876, 1429
99 "" No. 4 of 1881 , 1586
99 29 No. 12 of 1881 , 1592
ALPHABETICAL TABLE OF ORDINANCES . XVII
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Conditional Pardons, No. 8 of 1882 , 1643
Contagious Diseases, No. 2 of 1876 , 1420
Crimes, Branding for, No. 8 of 1876, 1429
Crimes, Vacation of Offices for, ... No. 20 of 1882 , 1655
Criminal Procedure, No. 23 of 1882 , 1661
99 در No. 8 of 1884, 1791
Crown Remedies , No. 13 of 1875, 1398
Dangerous Goods, No. 7 of 1884, 1791
Deportation, ( See Banishment and Conditional Pardons .
Distraints for Rent, No. 1 of 1883, 1663
Emigration Abuses ( Chinese Women and Girls,) No. 2 of 1875, 1360
Emigration (Chinese,) No. 3 of 1874, 1309
" "" No. 5 of 1874, 1333
No. 1 of 1876 ,
36
"" 1418
99 39 No. 3 of 1876 , 1421
99 .د No. 5 of 1876 , 1423
185
29 No. 1 of 1878, 1458
99 No. 2 of 1879, 1471
"" No. 6 of 1879, 1474
99 دو No. 2 of 1880, 1565
Evidence (Bankers ' Books,) ... No. 7 of 1882 , 1642
Excise (Opium,) No. 1 of 1879, 1466
99 "" No. 7 of 1879, 1475
99 99 No. 4 of 1883, 1675
99 No. 8 of 1883, 1748
92 "" No. 1 of 1884, 1762
Exportation of Military Stores, .... No. 3 of 1884, 1778
Extradition Acts, ( 1870 and 1873 , ) ... No. 11 of 1875, 1387
Extradition (Macao, ) .. No. 1 of 1881 , 1569
False Personation, No. 3 of 1875 , 1362
Foreign Recruiting, No. 7 of 1874, 1358
French Mail Steamers (Status, ) .... No. 6 of 1880 , 1567
XVIII ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
French Mail Steamers Status, (Continuation, ) No. 15 of 1881 , 1597
99 99 99 99 No. 13 of 1882, 1648
་་ 99 99 95 "" No. 10 of 1883, 1752
99 99 29 .. 99 No. 11 of 1884, 1793
Gambling (Public, ) No. 9 of 1876, 1432
Gaol (Amendment,) .... No. 2 of 1878 , 1462
"" "" (Regulations ,) . No. 7 of 1880, 1567
Good Order and Cleanliness, . . . No. 7 of 1883, 1745
Holidays, No. 6 of 1875, 1372
Hongkong & Shanghai Bank, No. 21 of 1882 , 1655
Johnson's Piers & Wharves , ... No. 17 of 1883 , 1757
99 99 99 No. 18 of 1884 , 1814
Jurors & Juries , No. 24 of 1882 , 1662
Justices of the Peace (See Magistrates. )
Legislative Commissioners , ... No. 10 of 1875 , 1386
Macao Extradition , .... No. 1 of 1881 , 1569
F
! Magistrates, No. 16 of 1875, 1413
1
Mahomedan Cemetery, No. 2 of 1883, 1675
Mail Steamers Status , ( French, ) ...... No. 6 of 1880, 1567
99 "" (Continuation,) No. 15 of 1881 , 1597
99 "" 99 No, 13 of 1882 , 1648
"" 39 "" No. 10 of 1883, 1752
99 .. "" No. 11 of 1884, 1793
Marine Stores ( See Naval Stores. )
Markets , .. No. 3 of 1878, 1463
Marriage, No. 4 of 1875 , 1363
39 No. 14 of 1875, 1401
Merchant Shipping (Unseaworthy Ships,) No. 1 of 1874, 1307
Merchant Shipping (Consolidation,) No. 8 of 1879, 1478
1565
34
39 Amendment, ....
.. No. 3 of 1880,
29 77 22 No. 16 of 1882 , 1651
99 99 No. 19 of 1882, 1654
ALPHABETICAL TABLE OF ORDINANCES. XIX
SUBJECT MATTER. NUMBER AND YEAR. PAGE .
Merchant Shipping (Consolidation, ) Amendment,. No. 9 of 1883 , 1748
39 39 99 No. 14 of 1884, 1802
Medical Registration , .... No. 6 of 1884, 1785
Military Stores ( Exportation , ) No. 3 of 1884 , 1778
Naturalization, No. 4 of 1880, 1566
99 No. 5 of 1881 , 1589
99 No. 6 of 1881 , 1589
29 No. 7 of 1881 , 1589
99 No. 8 of 1881 , 1590
99 No. 9 of 1881 , 1590
39 No. 10 of 1881 , 1591
99 Nos. 2 & 3 of 1882, 1639
99 Nos. 4 & 5 of 1882, 1640
"" No. 10 of 1882 , 1647
99 No. 11 of 1882 , 1648
99 No. 12 of 1882, 1648
"9 No. 13 of 1883, 1755
99 No. 14 of 1883 , 1756
No. 15 of 1883, 1756
66
No. 16 of 1883 , 1757
66
1
99 No. 2 of 1884, 1778
99 No. 5 of 1884, 1784
Naval Stores, No. 9 of 1875, 1381
Naval Yard Police, No. 1 of 1875, 1359
19 99 99 No. 3 of 1879, 1471
New Edition of Ordinances, No. 10 of 1875, 1386
Notaries (Public,) .. No. 13 of 1884, 1802
Official Assignee (Bankruptcy,) .... No. 9 of 1882, 1646
Offices, Vacation of, ...
.. No. 20 of 1882 , 1655
Office of Sheriff, .. No. 17 of 1884, 1813
Opium (Excise, ) No. 1 of 1879, 1466
99 99 No. 7 of 1879, 1475
XX ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Opium (Excise,) ·· No. 4 of 1883, 1675
99 99 No. 8 of 1883 , 1748
99 99 No. 1 of 1884, 1762
Order and Cleanliness, No. 7 of 1883, 1745
Ordinances (New Edition,) No. 10 of 1875 , 1386
Passenger Ships (See Chinese Passenger Ships)
•
Passenger Steamers (Small, ) • No. 8 of 1875 , 1379
Passengers Steamers (River,) No. 11 of 1876 , 1442
Peace of the Colony ( Security of,) No. 8 of 1876, 1429
"9 "" No. 5 of 1880, 1566
Peace Preservation, No. 22 of 1884, 1832
Penal Ordinances Amendment, No. 3 of 1881 , 1584
99 99 99 No. 9 of 1884, 1792
Pension to J. Simpson,. No. 2 of 1874, 1309
Piers and Wharves (Johnson's) No. 17 of 1883 , 1757
39 (Chater's) No. 4 of 1884, 1779
29 "" (Johnson's) No. 18 of 1884, 1814
99 99 (Chater's) No. 19 of 1884, 1821
Personation with intent to deprive of property, No. 3 of 1875, 1362
Police (Naval Yard ) , ..... No. 1 of 1875, 1359
"" No. 3 of 1879, 1471
Post Office, No. 10 of 1876, 1434
99 No. 12 of 1884, 1794
Preservation of Birds, No. 16 of 1884, 1813
Preservation of Peace, No. 22 of 1884, 1832
Prison (See Gaol ) .
Procedure (Criminal, ) No. 23 of 1882 , 1661
99 No. 8 of 1884, 1791
Protection of Women and Female Children, No. 2 of 1875 , 1360
Public Traffic,. No. 5 of 1883 , 1677
Public Gambling, No. 9 of 1876 , • 1432
Public Holidays, ... No. 6 of 1875, 1372
I
ALPHABETICAL TABLE OF ORDINANCES. XXI
4
SUBJECT MATTER. NUMBER AND YEAR. PAGE .
Quarantine, No. 9 of 1883 , 1748
Rating,. No. 12 of 1875 , 1390
Recruiting for Foreign States, No. 7 of 1874, 1358
Registrar General, Judicial Functions, No. 2 of 1876 , 1420
Registration of Marriages ,.. No. 4 of 1875, 1363
39 No. 14 of 1875, 1401
Registration (Medical, ) . No. 6 of 1884, 1785
Regulation of Chairs and Vehicles, ... No. 6 of 1882 , 1641
" 99 Opium (Prepared,) No. 1 of 1879, 1466
19 99 99 No. 7 of 1879 , 1475
". 99 River Steamers ( See River Steamers. )
Rents (Crown Remedies for, ) No. 13 of 1875, 1398
99 (Distraints for) ,.. No. 1 of 1883 , 1663
River Steamers , No. 11 of 1876 , 1442
Savings Banks , No. 10 of 1884, 1792
St. Paul's College, .. No. 7 of 1875, 1373
Sheriff's duties, No. 17 of 1884, 1813
Ships (See Merchant Shipping) .
(Chinese Passenger Ships ).
Stamps , No. 15 of 1884, 1803
Steam- Launches , No. 8 of 1875, 1379
Steamers (Status of French Mail), ... No. 6 of 1880, 1567
99 No. 15 of 1881 , 1597
་་ No. 13 of 1882 , 1648
"; No. 10 of 1883, 1752
No. 11 of 1884, 1793
Supreme Court (Vacation,) ... No. 17 of 1882, 1652
"9 99 (Amendment,) No. 22 of 1882, 1657
99 99 (Criminal Procedure,) .. No. 23 of 1882, 1661
?? 29 (Jurors and Juries,) No. 24 of 1882, 1662
.د 29 (Criminal Procedure,) .. No. 8 of 1884, 1791
Traffic, Public, No. 5 of 1883 , 1677
XXII ALPHABETICAL TABLE OF ORDINANCES .
SUBJECT MATTER. NUMBER AND YEAR. PAGE.
Tramways, No. 1 of 1882 , 1598
"" No. 6 of 1883, 1679
ور No. 18 of 1883, 1761
Unseaworthy Ships , No. 1 of 1874, 1307
Vacation of Offices, No. 20 of 1882, 1655
Vacation of Supreme Court, .. No. 17 of 1882 , 1652
Vehicles (Regulation, ) No. 6 of 1882, 1641
99 92 No. 5 of 1883, 1677
Venereal Diseases (See Contagious Diseases).
Volunteers, ... No. 18 of 1882 , 1653
Wharves and Piers (Johnson's) No. 17 of 1883 , 1757
39 99 (Chater's) ... No. 4 of 1884, 1779
"" 99 (Johnson's) No. 18 of 1884, 1814
29 99 (Chater's) No. 19 of 1884, 1821
Women (Protection of, ) No. 2 of 1875, 1360
:
ORDINANCE No. 1 OF 1874. 1307
Merchant Shipping- Unseaworthy Ships.
No. 1 of 1874 .
An Ordinance to empower the Governor to exercise certain Powers under Title.
" The Merchant Shipping Act, 1873. "
[ 5th March, 1874. ]
HEREAS it is expedient to give similar powers to the Governor of Hongkong Preamble.
W to those which are exercised under sections 12 and 13 of " The Merchant
Shipping Act, 1873," by the Board of Trade : Re it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :
1. Where the Governor has received a complaint or has reason to believe that Survey of ships
suspected of
being unsea
any British ship is , by reason of the defective condition of her hull, equipments , or worthy.
[M. S. A. 73,
machinery, or by reason of overloading or improper loading, unfit to proceed to sea Para. 12.1
without serious danger to human life, he may, if he thinks fit, appoint some competent
person or persons to survey such ship, and the equipments, machinery and cargo
thereof, and to report thereon to the Governor.
Any person so appointed may, for the purposes of such survey, require the
unloading or removal of any cargo, ballast, or tackle and shall have all the powers of
an inspector appointed under " The Merchant Shipping Act, 1854."
Any person who (having notice of the intention to hold such survey) wilfully does
or causes to be done any act, by which the person appointed to make such survey is
prevented from or obstructed in ascertaining the condition of the ship , her equipments,
machinery and cargo, shall be liable to a penalty not exceeding fifty pounds.
The Governor may, if he thinks fit, order that any ship be detained for the purpose
of being surveyed under this section, and thereupon the Harbor Master may detain
such ship until her release be ordered either by the Governor or by any Court to which
an appeal is given under this Ordinance.
Upon the receipt of the report of the person making any such survey, the Governor
may, if in his opinion the ship cannot proceed to sea without serious danger to human
life, make such further order as he may think requisite as to the detention of the ship ,
or as to her release, either absolutely or upon the performance of such conditions
with respect to the execution of repairs or alterations, or the unloading or reloading of
cargo, as the Governor may impose. He may also, from time to time, vary or add to
such order.
A copy of any such order and of the report upon which it was founded, and also
of any variation of, or addition to, such order, shall be delivered as soon as possible to
the owner or master of the ship to which it relates .
When a ship has been detained under this section, she shall not be released by
reason of her British register having been closed.
2. If upon the survey of a ship under this Ordinance, she is reported to have Costs of survey.
[M. S. A. 73,
been at the time of the survey, having regard to the nature of the service for which Para. 13.1
1308 ORDINANCE No. 1 or 1874.
Merchant Shipping- Unseaworthy Ships.
she was then intended, unfit to proceed to sea without serious danger to human life,
the expenses incurred by the Governor in respect of the survey shall be paid by the
owner of the ship to the Governor and shall, without prejudice to any other remedy ,
be recoverable by him in the same manner as salvage is recoverable.
If upon such survey the ship is not reported to have been unfit to proceed to sea,
having regard to the nature of the service for which she was intended, the Governor
shall be liable to pay compensation to any person for any loss or damage which he may
have sustained by reason of the detention of the ship for the purpose of survey, or
otherwise in respect of such survey.
Where a complaint has been made to the Governor that a ship is not fit to proceed
to sea, he may, if he thinks fit, before ordering a survey of the ship, require the
complainant to give or provide such security as he may think sufficient for the payment
of the costs and expenses which he may incur in respect of the survey of the ship and
of the compensation which he may be rendered liable to pay for loss or damage caused
by her detention for the purpose of such survey, or otherwise in respect of such survey .
Where a ship has been surveyed under this Ordinance in consequence of a
complaint made to the Governor, if upon such survey being made, it appear that such
complaint was made without reasonable cause, the expenses incurred by the Governor
in respect of the survey of the ship and the amount, if any, which the Governor may
have been rendered liable to pay in respect of any loss or damage caused by her
detention, shall be recoverable by the Governor from such complainant.
All moneys payable by the Governor in respect, or by reason of the survey or
detention of a ship under this Ordinance, shall, subject to the right by this section
provided of recovering such moneys from the complainant, be paid out of moneys to
be provided by the Imperial Parliament.
Appeal from 3. If the owner of any ship surveyed under this Ordinance is dissatisfied with any
decision of
Governor. order of the Governor made upon such survey, he may apply to the Vice-Admiralty
(M. S. A. 73,
Para. 14.]
Court of Hongkong. The Court may, upon such application , if it thinks fit, appoint
one or more competent persons to survey the ship anew, and any surveyor so appointed
shall have all the powers of the person by whom the original survey was made. Such
survey anew shall, if so required by the Governor or the shipowner, be made in the
presence of any person or persons appointed by them respectively to attend at the
survey.
The Court to which such application is made may make such order as to the
detention or release of the ship , as to the payment of any costs and damages which
may have been occasioned by her detention, as to the payment of the expenses of the
original survey, and of the survey anew, and otherwise as to the payment of any costs
of, and incident to, the application , as to the Court may seem just.
[Repealed by Ordinance No. 8 of 1879.]
ORDINANCES Nos. 2 AND 3 OF 1874. 1309
Pension to John Simpson, Esquire. Chinese Emigration.
No. 2 of 1874.
An Ordinance to enable the Governor in Council to grant a Pension to Title.
JOHN SIMPSON, Esquire, Sorter in the General Post Office.
[ 16th April, 1874. ]
HEREAS JOHN SIMPSON, Esquire, desires to resign the office of sorter in the Preamble.
W General Post Office, and it is expedient that such resignation should be
accepted ; And whereas the period of service of the said JOHN SIMPSON is sufficient
to entitle him to a pension, under the regulations in force in Hongkong in that behalf,
of sixty-two pounds and ten shillings per annum, but it is nevertheless deemed expe
dient that a pension of one hundred pounds per annum should be granted to him for
the term of his natural life : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :
1. It shall be lawful for the Governor in Council to grant to the said JOHN Governor in
Council autho
rized to grant
SIMPSON, Esquire, a pension of one hundred pounds per annum under the same John Simpson,
Esq. a pension
regulations and conditions, as if such pension had been granted to him in pursuance of £100 per
annum .
of the Pension Minute of this Colony bearing date the fifth day of May, 1862 : Pro
vided that such pension may commence from the date at which the said JOHN SIMPSON
may have ceased to receive any salary or allowance from or on account of this Colony.
[Repealed by Ordinance No. 4 of 1887. ]
No. 3 of 1874.
An Ordinance to consolidate and amend the Law relating to Chinese Title.
Passenger Ships , and the Conveyance of Chinese Emigrants .
[ 5th May, 1874. ]
HEREAS it is expedient to consolidate and amend the Law relating to Chinese Preamble..
W Passenger Ships, and the Conveyance of Chinese Emigrants : Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
:--
PRELIMINARY.
1. This Ordinance may be cited for all purposes as " The Chinese Emigration Short title.
Consolidation Ordinance, 1874. "
2. In the interpretation of this Ordinance : - Interpretation
clause.
The term " Chinese Passenger Ship " shall include every ship carrying [18 & 19 Vic.
c. 104.)
from any port in Hongkong , and every British ship carrying from any port
in China, or within one hundred miles of the coast thereof, more than twenty
passengers being natives of Asia ;
1310 ORDINANCE No. 3 OF 1874.
Chinese Emigration.
Ord. 3 of1873, The expression " Chinese Emigrant Ship " shall mean any ship not
Sec. 2.]
being a " Chinese Passenger Ship " lying in the waters of the Colony, and
fitting out or intended to be used for the conveyance of Chinese emigrants.
to be embarked at any port or place out of the Colony :
[Ibid.) The term " Fittings " shall include any article capable of being used as
part of the tackle, apparel, furniture, or equipment of a ship ;
[[bid.] The expression " Prohibited Fittings " shall mean any fittings prohibited
by this Ordinance, or by a proclamation of the Governor ;
[Ibid.] The expression " Emigration Officer " shall include any person deputed
or authorized by the emigration officer to execute any power or perform
any duty vested in or imposed upon him by this Ordinance ;
[18 & 19 Vic.,
•
c. 104.] The word " Colony " shall include all Her Majesty's possessions abroad
not being under the Government of the Viceroy of India ;
[Ibid.] The word " Governor " shall signify the person for the time being
lawfully administering the Government of such Colony ;
{[bid.] The term " British Consul " shall include any person lawfully exercising
Consular authority on behalf of Her Majesty in any foreign port ;
[Ibid.] The word " Ship " shall include all sea- going vessels ;
[Ibid.] The term " Commander or Master of any Ship " shall include any
person for the time being in command or charge of the same.
Definition of a voyage within " The Chinese Passengers' Act.”
Definition of 3. Any Chinese passenger ship clearing out or proceeding to sea from any port in
short voyage.
[Ord. 9 of 1856, this Colony, or in China, or within a hundred miles of the coast thereof, on any voyage
Sec. 3.]
or voyages to any other port or ports for the purpose of commencing at or from any
such port or ports as last aforesaid a voyage of more than seven days' duration shall
be deemed to have cleared out or proceeded to sea upon the said last mentioned voyage
from the said last mentioned port within the meaning of " The Chinese Passengers'
Act, 1855."
PART I.
REGULATIONS UNDER " THE CHINESE PASSENGERS ACT."
Notice of Passenger ship being laid on the berth.
Notice ofship 4. The owners or charterers of every Chinese passenger ship, or if absent from the
being laid on as
a Chinese pas Colony their respective agents, shall as soon as such ship is laid on for the conveyance
senger ship to be
given to emigra of Chinese emigrants give notice in writing of the fact to the emigration officer speci
tion officer.
[Ord. 12 of 1868,
Sec. 5.] fying in such notice the name, destination and probable time of departure of such ship,
and in all cases where such intending emigrants are under contracts of service, of the
depôt or depôts in which such intending emigrants are lodging or intended to be
lodged before embarkation.
ORDINANCE No. 3 OF 1874 . 1311
Chinese Emigration.
Licensing of " Chinese Passenger Ships."
5. No Chinese passenger ship, except ships about to proceed on a voyage of not No Chinese
passenger ship to
more than thirty days' duration within the meaning of section 8 of this Ordinance, proceed to sea
without a
licence from the
shall clear out or proceed to sea, and the emigration officer shall not grant the certificate Governor.
[Ord. 4 of 1870,
prescribed by section 4 of " The Chinese Passengers ' Act, 1855 ," unless the master of Sec. 3.]
such ship shall be provided with a licence under the hand of the Governor and the
public seal of the Colony to be obtained in manner hereinafter mentioned .
2. It shall be lawful for the Governor in Council, from time to time, to exempt Power to exempt
certain vessels
from the opera
from the operation of this section, any mail steamers or other vessels which are subject tion of this sec.
Ibid, Sec. 11.]
to the provisions of " The Chinese Passengers' Act, 1855," provided that the Chinese
passengers proceeding in such vessels be free emigrants and under no contract of
service whatever.
3. The owners or charterers of every such Chinese passenger ship, or if absent Time and mode
ofapplication
for licence.
from the Colony their respective agents, shall , before such ship is laid on for the con [Ibid, Sec. 4.]
veyance of Chinese emigrants and before any depôt is opened for their reception, apply
in writing to the Colonial Secretary for a licence under the hand of the Governor and
the public seal of the Colony for the conveyance of such emigrants and shall furnish
all particulars as to the destination of the said ship and as to all other matters relating
to the intended voyage and emigration which may be required of them, and shall also
furnish the like particulars where any exemption is applied for under paragraph 2 of
this section.
4. All such particulars shall, if so ordered, be verified upon oath before the emi Punishment for
furnishing
untrue parti
gration officer or any Justice of the Peace, and every person who shall knowingly culars.
[Ibid, Sec. 5.]
furnish untrue particulars shall be liable to imprisonment with or without hard labor,
for any period not exceeding six calendar months, and to a fine not exceeding one
hundred dollars, either in addition to or in substitution of such imprisonment.
5. The granting of every such licence shall be in the discretion of the Governor Conditions of
licence and
amount offee.
in Council and shall be subject to the payment of a fee of one hundred dollars and to Ibid, Sec. 6.)
such conditions as may from time to time be prescribed under instructions from Her
Majesty's Principal Secretary of State for the Colonies, and the Governor in Council Governor in
Council may
impose condi
may impose such conditions on the granting of such licence as he shall think expedient tions.
in each particular case, provided the same shall not be contrary to or inconsistent
with such instructions .
6. Every licence granted under this section in respect of any Chinese passenger Licence to
specify time of
ship shall specify the period within which such ship shall clear out and proceed to sea : departure ;
proviso for
extension
Provided always that it shall be lawful for the Governor in Council, from time to time, thereof.
[Ibid, Sec. 7.3
to extend such period.
7. In case it shall be shown to the satisfaction of the Governor in Council at any Power to remove
master or other
time before the departure of a Chinese passenger ship that the master, mate, or any officer .
[Ibid, Sec. 8.3
other officer of such ship is unfit for the proper discharge of his duties by reason of
incompetency or misconduct, or for any other sufficient cause, it shall be lawful for the
1312 ORDINANCE No. 3 or 1874.
Chinese Emigration.
Governor, by order under his hand, to discharge and remove such master, mate, or
other officer from the said ship , and thereupon the owners or charterers thereof, or
their agents, shall forthwith appoint a master or mate, or other officer, as the case may
be, to be approved by the emigration officer in the place of the one so discharged and
removed as aforesaid.
8. In any of the following cases, namely :
Power to revoke (a.) If it shall appear to the satisfaction of the Governor in Council at any
and cancel
licence. time before the departure of a Chinese passenger ship that the parti
[Ibid, sec. 9.]
culars furnished in relation thereto under paragraph 3 are untrue, or
that any condition of the said licence has been violated ;
(b.) If any Chinese passenger ship shall fail to clear out and proceed to sea,
within the period specified in the licence granted under this section, or
within such extended period as aforesaid ;
(c.) If the owners or charterers of a Chinese passenger ship shall fail forth
with to appoint a master, mate, or other officer to be approved as
aforesaid, in the place of any master, mate, or other officer discharged
under paragraph 7 ;
It shall be lawful for the Governor in Council to revoke the licence granted under this
section in respect of such Chinese passenger ship, and to order that the said ship be
seized and detained until her emigration papers ( if already granted) be delivered up
to be cancelled.
Breach of condi 9. The breach of any condition of a licence granted under this section shall be
tion of licence.
deemed a breach of a regulation respecting Chinese passenger ships within the meaning
of section 2 of " The Chinese Passengers' Act, 1855."
Application of 10. It shall be lawful for the Governor in Council to apply the whole or any part
penalty for
breach of this
Ordinance of the penalty recoverable in case of the non -observance or non- performance of the
recoverable
under The regulations of this section under the provisions of section 4 of " The Chinese Passengers'
Chinese Passen
gers' Act, 1855." Act, 1855 ," towards the expenses of reconveying to their homes intending emigrants
[Ibid, sec. 10.]
by any vessel in respect of which the licence granted under this section shall have been
revoked in manner hereinbefore provided.
Regulations of 11. Nothing in this section shall be deemed to affect the regulations contained in
schedule 4 of
Chinese Pas schedule A of " The Chinese Passengers' Act, 1855. ”
sengers' Act,
1855," not to be
affected by this
section.
Emigration passage brokers.
No person to act 6. No person shall act as a passenger broker or in procuring passengers for, or in
as a passage
broker without the sale or letting of passages in any Chinese passenger ship, unless he shall, with two
having entered
into a bond and
obtained a sufficient sureties, to be approved by the emigration officer, have entered into a joint
licence.
[Ord . 11 of 1857, and several bond in the sum of five thousand current dollars, to Her Majesty, Her
Sec. 1.]
Heirs and Successors, according to the form contained in schedule A hereunto annexed ,
which bond shall be renewed on each occasion of obtaining such licence as hereinafter
ORDINANCE No. 3 OF 1874. 1313
Chinese Emigration.
mentioned, and shall be deposited with the emigration officer ; nor unless such person
shall have obtained a licence to let or sell passages , nor unless such licence shall be
then in force ; and where different members of the same firm act as passage brokers ,
each person so acting shall comply with the terms of this section.
2. Any person wishing to obtain a licence to act as a passage broker, shall make How passage
broker's licences
may be obtained .
application for the same to the emigration officer, and the emigration officer is hereby [Ibid, sec. 2.]
authorized (if he shall think fit) to grant such licence according to the form in schedule
B hereunto annexed : Provided always, that no such licence shall be granted unless
such bond as hereinbefore mentioned shall have been first entered into : Provided also, Power to Ma
gistrates to order
licences to be
that any Magistrate who shall adjudicate on any offence against this section, is hereby forfeited.
authorized to order the offender's licence to be forfeited, and the same shall thereupon
be forfeited accordingly ; and the said Magistrate making such order shall forthwith
cause notice of such forfeiture, in the form contained in the schedule Chereunto
annexed, to be transmitted to the emigration officer, and such forfeiture shall be
exclusive and independent of any other punishment which may be inflicted upon such
offender under the provisions of this section.
3. Every person obtaining such licence as aforesaid, shall pay to the emigration Fee to be paid
for licences.
officer a fee of two hundred current dollars, which fee the emigration officer is hereby [Ibid, sec. 3.]
empowered and required to demand and receive upon the issuing of any such licence ;
and the emigration officer shall pay all such fees into the Colonial Treasury, to the use
of the Crown.
4. Such licence shall continue in force until the 31st day of December in the year Howlonglicences
are to continue
in which such licence shall be granted , and for fourteen days afterwards, unless sooner in force.
[Ibid, sec. 4.]
forfeited as hereinbefore mentioned .
5. Every passage broker who shall or may receive money from any person, for or Contract tickets
for passages.
in respect of a passage in any Chinese passenger ship, shall give to every such person (Ibid, sec. 5.]
a contract ticket, under the hand of such passage broker, and stamped with his seal or
--
trade mark, each ticket to be printed in a plain and legible type, according to the
form in the schedule D hereunto annexed, and to be accompanied with a translation
thereof in the Chinese language, in plain and legible characters.
6. Every such passage broker before he shall receive or take any money on account Passage brokers
to produce to
emigration
of any such passage, or for the sale or letting of the whole or any part of the accom officer certificate
that they have
modation of or in any Chinese passenger ship proceeding from Hongkong, shall produce chartered the
ship for carrying
to the emigration officer the certificate of the master or owner of the ship, in respect of emigrants.
[Ibid, sec. 6.]
which such passage shall or may have been taken, or the accommodation in which
shall have been so sold or let, to the effect that such ship has been chartered for the
purpose of carrying emigrants, and that he, such passage broker, is authorized to
receive payment for such passage, or for the sale or letting of the accommodation in
such ship ; and such certificate shall be filed in the office of the emigration officer.
1314 ORDINANCE No. 3 OF 1874.
Chinese Emigration.
Passage broker 7. On every occasion of the delivery to any passenger of such contract ticket as
to attend before
emigration aforesaid, the passage broker who shall have engaged to provide such passenger with a
officer for the
purpose of
delivering the passage shall attend with him at the office of the emigration officer, in whose presence
contract tickets
to passengers. the contract ticket shall be delivered to such passenger, and who shall explain to him
[Ibid , sec. 7.]
the true intent and meaning of such contract.
Contract tickets 8. No person shall fraudulently alter or cause to be altered , after it is once issued ,
not to be altered.
[Ibid, sec. 8.] or shall induce any person to part with or gender less or destroy any such contract
ticket, during the continuance of the contract which it is intended to evidence.
Agents not to 9. No licensed passage broker shall, as agent for any person, whether a licensed
act without
written autho broker or not, receive money for or on account of the passage of any passenger on
rity, and to
produce their
authority on board a Chinese passenger ship, without having a written authority to act as such
demand.
[Ibid, sec. 9.] agent, or on the demand of the emigration officer, refuse or fail to exhibit his licence
and such written authority ; and no person whether as principal or agent shall, by any
fraud, or by false representation as to the size of the ship or otherwise, or by any false
pretence whatsoever, induce any person to engage any passage as aforesaid.
Notice of every
contract with 10. Every emigration passage broker who shall contract with any intending
emigrants to be emigrant for a passage in such ship shall forthwith give notice in writing to the
given to emigra
tion officer.
[Ord. 12 of 1868, emigration officer of every such contract specifying the name, age and sex of such
sec. 8.]
emigrant and the name of such ship .
Penalties for 11. All violations or disobediences of, or defaults in compliance with , the provis
offences.
[Ord. 11 of 1857, ions of this section shall be heard and determined summarily under Ordinance No. 10
sec. 10.1
of 1844 ; and on conviction of such offences, the respective offenders shall be sentenced
to pay the several penalties, on in default of the payment thereof, to suffer the
several terms of imprisonment respectively hereinafter specified : --
(a.) For every offence against paragraph 1 , a fine not exceeding four hundred
dollars, or imprisonment for a term not exceeding six months.
(b.) For every offence against paragraph 5 , a fine not exceeding fifty dollars,
or imprisonment for a term not exceeding six weeks .
(c.) For every offence against paragraph 6, a fine not exceeding one hundred
dollars, or imprisonment for a term not exceeding three months.
(d.) For every offence committed by a passage broker against paragraph 7, a
fine not exceeding one hundred dollars, or imprisonment for a term
not exceeding three months.
(e.) For every offence against paragraph 8, a fine not exceeding fifty dollars,
or imprisonment for a term not exceeding two months.
Hospital and medical inspection.
Hospital accom 7. In every Chinese passenger ship , except ships about to proceed on a voyage of
modation to be
provided, [Ord. not more than thirty days' duration within the meaning of section 8 of this Ordinance,
6 of 1859, sec. 1.1
there shall be a sufficient space properly divided off to the satisfaction of the emigration
officer at the port of clearance, to be used exclusively as a hospital or sick bay for the
ORDINANCE No. 3 OF 1874. 1315
Chinese Emigration.
passengers ; this space shall be either under the poop, or in the round -house, or in any
deck-house which shall be properly built and secured to the satisfaction of such emigra
tion officer, or on the upper passenger deck, and not elsewhere, and shall in no case be
of less dimensions than eighteen clear superficial feet for every fifty passengers which
the ship shall carry. Every such hospital shall be fitted with bed places, and supplied and properly
fitted up.
with proper beds, bedding, and utensils, to the satisfaction of the emigration officer at
the port of clearance, and shall throughout the voyage be kept so fitted and supplied.
2. In the measurement of the passenger decks , for the purpose of determining the Space for hospital
to be included in
measurement of
number of passengers to be carried in any such Chinese passenger ship, the space for capacity for
the hospital shall be included. passengers.
[Ibid, sec. 2 ]
3. The Governor is hereby authorized to appoint, at a salary not exceeding two Governor au
thorized to ap
thousand dollars per annuin a medical officer whose duty it shall be to inspect intend point a medical
officer.
[Ord. 12 of 1868,
ing emigrants and to supervise all matters and things in any way relating to the sec. 9.]
comfort and well- being of such emigrants before their departure and on their voyage,
and such salary shall be in lieu of all fees .
4. No Chinese passenger ship shall clear out or proceed to sea on any voyage of Medical examina
tion before sail
more than seven days duration, until the proper medical officer as provided shall have ing. [Ord. 6, of
1859, sec. 3. ]
certified to the emigration officer, and the said emigration officer shall not grant his
certificate unless he is satisfied, that none of the passengers or crew appear, by reason
of any bodily or mental disease, unfit to proceed or likely to endanger the health or
safety of other persons about to proceed in such vessel ; and a medical inspection of
the passengers for the purposes of giving such certificate shall take place either on
board the vessel, or, at the discretion of the said emigration officer, at such time and
place on shore, before embarkation, as he may appoint ; and the master, owner, or
charterer of the ship, shall pay to the emigration officer a sum at the rate of twenty-five
current dollars, for every hundred persons so examined, and such emigration officer
shall pay the same into the Treasury to the use of the Crown.
5. The medical inspection of emigrants under contracts of service shall take place Medical inspec
tion of emigrants
on shore before embarkation as well as on board the said ship after embarkation , and under contract
of service.
the emigration officer shall not grant the certificate required by "The Chinese Passen [Ord. 12 of 1868,
sec. 10.1
gers' Act, 1855 " unless he shall be satisfied that such double inspection has been duly
made, or has been dispensed with by the sanction of the Governor .
6. It shall not be lawful for any emigrant under contract of service to embark in No emigrant to
embark or be
received on board
any Chinese passenger ship or for the master or other person on board of a Chinese without a permit.
[Ibid, sec. 11.]
passenger ship to permit any such emigrant to embark therein, unless such emigrant
shall produce an embarkation permit from the emigration officer, who shall not grant
the same unless he shall be satisfied that such emigrant has undergone on shore the
medical inspection required by law to be made before embarkation .
7. The medical inspection of emigrants required to be made after their embarka Emigration
officer to appoint
time for medical
tion in any Chinese passenger ship shall take place at such time as the emigration inspection after
officer shall appoint . embarkation.
[Ibid, sec. 12.]
1316 ORDINANCE No. 3 OF 1874 .
Chinese Emigration.
Chinese medical 8. Any Chinese medical practitioner properly qualified to the satisfaction of the
practitioners
may be Surgeons Colonial Surgeon shall be eligible with approval of the Governor for the office of Surgeon
of Chinese
passenger ships. of a Chinese passenger ship within the terms of schedule A of " The Chinese Passengers'
Ibid, sec. 14.1
Act, 1855."
Regulations for voyages of not more than thirty days' duration .
Modified regula 8. All ships clearing out or proceeding to sea upon voyages of not more than
tions for voyages
of not more than
thirty days' thirty days' duration, shall be subject to the modified regulations contained in schedule
duration.
[See Ord. 8 of E of this Ordinance which as regards such ships shall be substituted for those contained
1871.]
in schedule A of " The Chinese Passengers' Act , 1855 , " but nothing in this section
contained shall be deemed to relieve Chinese passenger ships from the operation of the
said Act, except so far as the same is by the said schedule expressly modified.
Voyages de 2. The voyages specified in schedule F to this Ordinance annexed , are hereby
clared to be of
not more than
thirty days' declared to be voyages of not more than thirty days ' duration, subject as regards
duration.
Ibid, sec. 4.] steamers to the conditions as to their rate of speed and as regards sailing vessels to the
conditions as to the periods of the year during which the voyage shall be performed ,
in the said schedule respectively expressed and contained.
Not to affect 3. This section shall not be construed as affecting any Chinese passenger ship
ships not within
the Chinese which is about to proceed to sea on a voyage of not more than seven days' duration.
Passengers' Act.
Depôts for emigrants under contract of service.
Depôts to be 9. The owners or charterers of every Chinese passenger ship which is about to
provided for the
lodging of
emigrants. convey emigrants under.contracts of service shall, as soon as such ship is laid on for
[Ord. 12 of 1868,
scc. 4.] the conveyance of such emigrants, provide a depôt or depôts to be approved of by the
emigration officer wherein every intending emigrant by such ship may lodge as
hereinafter provided , and every such depôt shall be maintained and every emigrant
lodging therein shall be supported at the expense of such owners or charterers.
Emigrants to 2. Every intending emigrant by such Chinese passenger ship shall lodge , at the
lodge in depôt
three clear days
before embarka least three clear days previously to his embarkation , in the depôt provided by the
tion.
Ibid, sec. 6.] owners or charterers of such ship.
Supervision of 3. Every such depôt as aforesaid shall be under the supervision of the emigration
depôts.
Ibid, sec. 7.
officer who may inspect the same at such times as he shall think fit, and there shall be
at all times free ingress and egress allowed to all persons to and from such depôts ,
from 6 A.M. to 6 P.M.
Orders in Council relating to quantity of water.
Orders in Conn 10. All Orders of Her Majesty the Queen in Council relating to the quantity of
ci' to apply to
Chinese passen
ger ships. water to be carried by passenger ships having a certain description of condensing
Ubid, sec. 15.J
apparatus shall apply to Chinese passenger ships .
ORDINANCE No. 3- oF 1874 . 1317
Chinese Emigration .
No Chinese passenger ship unless propelled by steam to clear between
April and September.
11. No Chinese passenger ship, unless a vessel propelled by steam, bound to any No Chinese
passenger ship
port westward of the Cape of Good Hope or to any port in Australia, New Zealand , to clear between
April and Sep
tember. Ibid,
Oceania, or Tasmania shall be permitted to clear from any port in the Colony between sec. 16.1]
the months of April and September inclusive.
Unwilling emigrants.
12. It shall be lawful for the emigration officer at any time when he is satisfied Emigration
officer may land
any emigrant
that any emigrant who is unwilling to leave the port has been obtained by any fraud , who is unwilling
to leave the port
violence, or other improper means, to land such emigrant and procure him a passage and who has
been procured
back to his native place or that from which he was taken , and also to defray the cost of by any fraud, &c.
[Ibid, sec. 18.]
his maintenance whilst awaiting a return passage, and all such expenses with all legal
costs incurred shall be recoverable by the emigration officer before any Police Magis
trate from the emigration passage broker of the vessel in which such emigrant was
shipped or intended to be shipped.
2. Whosoever shall unlawfully either by force or fraud take away or detain against Punishment for
improperly
his will any man or boy with intent to put him on board a Chinese passenger ship and obtaining
emigrants.
[Ibid, sec. 19.]
whosoever shall with any such intent receive, harbor, or enter into any contract for
foreign service with any such mau or boy knowing the same to have been by force or
fraud taken and obtained as in this paragraph before mentioned, shall be guilty of
felony and being convicted thereof shall be liable, at the discretion of the Court, to be
kept in penal servitude for any term not exceeding seven years and not less than three
years, or to be imprisoned for any term not exceeding two years with or without hard
labor.
Penalties for breach of Ordinance.
13. The owners or charterers of any Chinese passenger ship and any emigration Punishment of
persons coin
mitting any
passage broker and any intending emigrant by a Chinese passenger ship and any breach ofthis
Ordinance.
master or other person in charge of a Chinese passenger ship who shall fail to comply [Ibid, sec. 21.1
with or commit any breach of the provisions of part I of this Ordinance so far as they
may respectively be bound thereby, and any person granting or knowingly uttering
any forged certificate, permit, notice, or other document under this Ordinance shall ,
without prejudice to any other proceeding, civil or criminal, be liable upon summary
conviction before a Magistrate to a fine not exceeding five hundred dollars, or to
imprisonment with or without hard labor for any term not exceeding six months.
PART II.
EMIGRATION FROM PORTS OUT OF THE COLONY .
Emigrant ship fittings.
14. Before beginning to fit out any ship intended to be used for the conveyance Notice to
emigration
of Chinese emigrants to be embarked at any port or place out of the Colony, a notice officer.
[Ord. 3 of 1873,
sec. 4.]
to that effect shall be given in writing to the emigration officer, and such notice shall
1318 ORDINANCE No. 3 OF 1874.
Chinese Emigration.
be signed by the owner and master of such ship, or in the event of the owner not being
resident within the Colony, by the agent and master thereof, and in case such notice
shall not have been given , the owner and master, or the agent and master of such ship ,
as the case may be, shall be guilty of an offence against this section , and shall be liable
to the punishment hereinafter prescribed : Provided always that where there shall be
no agent of an absent owner in the Colony, the notice may be signed by the master
alone.
Report to 2. The master of every ship arriving within the waters of the Colony and which.
emigration
officer.
[Ibid, sec. 5.] shall be fitted out for the conveyance of Chinese emigrants shall, within twenty- four
hours, report the same to the emigration officer, and in case he shall neglect so to do,
he shall be deemed guilty of an offence against this section, and shall be liable to the
punishment hereinafter prescribed.
Powers and 3. The fittings of every ship mentioned in paragraphs 1 and 2 of this section shall
duties of
emigration be subject to the approval of the emigration officer, who is hereby empowered , at all
officer.
[/bid, sec. 6.]
reasonable times, to go on board and search and inspect such ship and her fittings, and
to order any fittings which shall in his opinion be objectionable, to be forthwith
removed ; and any person who shall in any way impede or attempt to impede the
emigration officer in the execution of this duty, shall be guilty of an offence against this
section, and shall be liable to the punishment hereinafter prescribed .
Certificate of 4. No such ship shall clear out or proceed to sea until the master thereof shall
emigration
officer. have received from the emigration officer a certificate in the form contained in schedule
Ibid, sec. 7.]
H to this Ordinance, and every such certificate shall be liable to a stamp duty of
twenty-five dollars.
Barricades and 5. All barricades and gratings apparently intended to be used, or which are capable
gratings prohi
bited.
[Ibid, sec. 8.] of being used for the purpose of confining Chinese emigrants below decks, or within
any particular part of a ship shall be deemed to be prohibited fittings within the
meaning of this section.
Other prohibited 6. It shall be lawful for the Governor, from time to time, by proclamation to be
fittings.
[Ibid, sec. 9.] inserted in the Gazette to prohibit the use or carriage in any ship of any other
description of fittings therein specified , and every such prohibition shall have the same
force or effect as if it were expressly enacted in this section .
Seizure and 7. All prohibited fittings wherever found within the Colony shall be seized and
forfeiture
thereof. shall be forfeited to the Crown in manner hereinafter mentioned.
[Ibid, sec. 10.1
Unlawful pos 8. Whoever shall, without lawful excuse (the proof of which shall lie on the
session, &c. of
prohibited accused) , manufacture, purchase, sell , or have in his possession any prohibited fittings ,
fittings.
[Ibid. sec. 11.]
shall be guilty of an offence against this section , and shall be liable to the punish
ment hereinafter prescribed.
Taking probi 9. The owner, agent, or master of any ship intended for the conveyance of Chinese
bited fittings
on board or
refusal to remove emigrants to be embarked at any port or place out of the Colony who shall knowingly
the same.
[Ibid, sec. 12.] permit any prohibited fittings to be taken on board such ship, or to remain therein.
ORDINANCE No. 3 OF 1874. 1319
Chinese Emigration.
after the same have been taken on board , or who shall refuse to remove forthwith any
fittings which the emigration officer shall have ordered to be removed shall be guilty of
an offence against this Ordinance, and shall be liable to the punishment hereinafter
prescribed, and all such last mentioned fittings shall, in case of such refusal as aforesaid,
be seized and forfeited to the Crown as in the case of prohibited fittings.
10. If any such ship shall leave or attempt to leave the waters of the Colony Ship leaving
without certiti
cate or with
without the certificate required by paragraph 4, or shall leave or attempt to leave the prohibited
fittings.
waters of the Colony, having on board any prohibited fittings, or any fittings which the [Ibid, sec. 13.)
emigration officer shall have ordered to be removed , or any other fittings of a similar kind
and description, in every such case the master of such ship , and the owner or agent if
proved to have sanctioned such leaving or attempting to leave as aforesaid , shall be
deemed guilty of an offence against this section , and shall be liable to the punishment
hereinafter prescribed , and all such fittings shall be seized and forfeited to the Crown ,
whether the same be prohibited fittings or not.
Frandulent use
11. If any person shall make or attempt to make any fraudulent use of a certificate of a certificate.
[Ibid, sec. 14.]
granted under this section, or shall forge, counterfeit, alter, or crase the whole or any
part thereof, or shall use or attempt to use any spurious or fraudulent certificate, the
person so offending, and every person aiding and abetting in such offence, shall be
liable to the punishment hereinafter prescribed.
12. All cases of violation or disobedience of, or default in compliance with the Trial of offences.
[Ibid, sec. 15.]
provisions of this section, may be heard and determined summarily by two Magistrates
sitting together, who shall constitute a Court for this purpose : Provided that if at
the close of the investigation, the accused shall apply for a trial by jury, or the
Magistrates shall be of opinion that the case ought to be so tried, they may commit
the accused for trial at the Supreme Court.
13. On conviction of such offences, the respective offenders shall be liable to the Punishments of
offences.
following punishments : [Ibid, sec. 16.]
(a.) For every offence against paragraphs 1 , 2 , 3, 8 and 9 of this section , a
fine not exceeding five hundred dollars, and imprisonment with or
without hard labor for any term not exceeding six months, or either
of such punishments, at the discretion of the Court.
(b.) For every offence against paragraphs 10 and 11 of this section, a fine
not exceeding one thousand dollars, and imprisonment with or without
hard labor for any term not exceeding one year, or either of such
punishments, at the discretion of the Court.
Provided always that where a fine shall be imposed for any offence against paragraphs
10 and 11 , the Court may sentence the offender, in default of payment of such fine, to
imprisonment with or without hard labor for any term not exceeding one year in lieu
of such fine, and such imprisonment shall commence from the expiration of any term
of imprisonment to which the offender may have been sentenced in addition to the fine.
1320 ORDINANCE No. 3 of 1874 .
Chinese Emigration .
Proceedings for 14. The Supreme Court and the said Court of Magistrates shall have full power
forfeiture of
fittings. and authority to hear and determine all cases of seizure of fittings , and upon proof of
(Ibid, sec. 17.]
the legality of the seizure, to declare the said fittings to be forfeited to the Crown ,
and no fittings seized under this section, shall be deemed to be forfeited to the Crown,
except under the sentence of one or the other of the said Courts.
Powers of Police 15. Nothing in this section contained shall be deemed to affect the powers vested
authorities.
Ibid, sec. 18.] in a Superintendent or Irspector of Police by section 7 of Ordinance No. 14 of 1845.
Limitation of
actions, &c. 16. Any suit, or prosecution against any person for anything done in pursuance
Had, sec. 19., or execution or intended execution of this section shall be commenced within three
months after the thing done and not otherwise.
Notice in writing of every such suit and of the cause thereof shall be given to the
intended defendant ore month at least before the commencement thereof.
In any such action the defendant may answer that the act complained of was
done in pursuance, or execution , or intended execution of this section and give this
section and the special matter in evidence at any trial to be had thereupon .
The plaintiff shall not recover if tender of sufficient amends is made before action
brought, or if after action brought a sufficient sum of money is paid into Court by or
on behalf of the defendant.
If judgment is given for the defendant , or the plaintiff becomes nonsuit, or
discontinues the action after an answer has been put in , the defendant shall recover
his full costs and shall have the like remedy for the same as any defendant has by law
for costs in other cases.
If judgment is given for the plaintiff, he shall not have costs against the defendant
unless the Judge before whom the trial is had certifies his approbation of the action.
Prosecution to 17. No proceeding shall be instituted for any offence against the provisions of
Le by Attorney
General.
[Ibid, sec. 20.] this section, or for any forfeiture thereunder, except at the suit or prosecution of, or
with the consent of the Attorney General.
Rules as to Chinese emigrant ships.
Interpretation 15. In the construction of this section , if not inconsistent with the context, the
elause.
[Ordinance 5 following terms and expressions shall have the meanings hereinafter respectively
of 1873, sec. 2.]
assigned to them, that is to say :
" Building." 66
' Building, " in relation to a ship, shall include the doing any act towards
or incidental to the construction of a ship, and all words having relation to
building shall be construed accordingly ;
Equipping." " Equipping, " in relation to a ship, shall include the furnishing a ship
with any tackle, apparel, furniture, provisions, arms, munitions, or stores,
or any other thing which is used in or about a ship for the purpose of fitting
or adapting her for the sea , and all words relating to equipping shall be
construed accordingly ;
ORDINANCE No. 3 OF 1874 . 1321
Chinese Emigration.
" Ship and Equipment, " shall include a ship and everything in or "Ship and
Equipment."
belonging to a ship. Ibid, sec. 3.]
2. No Chinese emigrant ship shall clear out or proceed to sea from this Colony Licences under
this section.
unless the master of such ship shall be provided with a licence under this section .
3. No person shall do any of the acts hereinafter specified in paragraph 8 of this Licence from
Governor.
Ibid, sec. 4.
section , without a licence from the Governor, or unless the owner, agent, or master of
the ship in respect of which such act shall be done shall have obtained such licence .
4. Every such licence shall be under the hand of the Governor and the public Form and
conditions of
licence.
seal of the Colony and the granting thereof shall be in the discretion of the Governor, Ibid, sec. 5.)
and shall be subject to the payment of such fee to the Crown, and to such conditions
as may, in each particular case, be prescribed by the Governor in Council.
5. Application for such licence shall be made in writing to the Colonial Secretary, Mode of
application for
licence.
and shall be transmitted through the emigration officer, and the owner, agent, or Ibid, sec. 6.]
master of the Chinese emigrant ship in respect of which such licence is applied for,
shall furnish all particulars as to the destination of the ship, and as to all matters
relating to the intended voyage and emigration which may be required of him.
6. All such particulars shall, if so ordered , be certified upon oath before any Justice Punishment
for furnishing
untrue
of the Peace, and every person who shall knowingly furnish untrue particulars shall be particulars.
[Ibid, sec. 7.]
liable to imprisonment with or without hard labor, for any period not exceeding six
calendar months , and to a fine not exceeding one hundred dollars, either in addition
to or in substitution of such inprisonment.
7. If it shall appear to the satisfaction of the Governor at any time before the Power to revoke
and cancel
licence .
departure of a Chinese emigrant ship : Ibid, sec. 8.
(a.) That the particulars furnished in relation thereto are untrue ; or
(b.) That further particulars have been discovered since the granting of the
licence ; or
(c.) That any condition of the licence has been violated, —
It shall be lawful for the Governor in Council to revoke or vary the licence granted
under this section in respect of such Chinese emigrant ship and to order that the said
ship be seized and detained until the said licence be delivered up to be cancelled, or
varied.
8. If any person does any of the following acts within the Colony without having Building
repairing,
obtained a licence from the Governor under this section , or without any such licence equipping,
despatching,
selling, hiring,
as aforesaid having been granted to the owner, agent, or master of the ship in respect &c., &c., with
ont licence.
of which such act shall be done , or in contravention of the terms of any such licence if [Ibid, sec. 9.]
granted, that is to say:
(a .) Builds, alters or repairs, or agrees to build, alter or repair, or causes to
be built, altered or repaired, any ship , with intent or knowledge , or
having reasonable cause to believe that the same will be employed in
the conveyance of Chinese emigrants to be embarked at any port or
place out of the Colony ; or
1322 ORDINANCE No. 3 OF 1874.
Chinese Emigration.
(b. ) Fits out, mans, navigates, equips, uses, lets or takes on freight or hire.
any ship , or commands, or serves on board any ship, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or
(c.) Despatches, or causes or allows to be despatched any ship, with intent
or knowledge, or having reasonable cause to believe that the same will
be employed in manner aforesaid ; or
(d.) Holds or takes any share or interest in, or makes any advances of money
to any ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or
(e.) Despatches or causes or allows to be despatched, or commands or serves
on board any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place out of
the Colony for the purpose of being conveyed therefrom as emigrants
in the same or any other ship ; or
(
f) Being the master of Chinese a emigrant ship clears out and proceeds to
sea in such ship,
Penalty. Such person shall be deemed to have committed an offence against this section, and
the following consequences shall ensue :
(a .) The offender shall be liable to imprisonment with or without hard labor
for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punishments , at the discretion of
the Court ;
(b .) The ship in respect of which any such offence is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown.
Punishment of 9. Any person who aids, abets, counsels, or procures the commission of any
accessories.
[Ibid, sec. 10.] offence against this section , shall be liable to be tried and punished as a principal
offender.
Seizure, search, 10. The Governor upon being satisfied that there are reasonable grounds for
and detention of
suspected ships. suspecting that a ship within the waters of the Colony has been, or is being built,
[Ibid, sec. 11.j
altered, repaired, or equipped , or is about to be despatched and taken out to sea
contra to the provisions of this section , or that any other offence against the said
provisions has been committed , rendering the said ship liable to forfeiture, may issue
a warrant in the form contained in schedule I to this Ordinance ; and upon such
warrant, the said ship may be seized and searched and detained until it has been
either condemned or released by process of law, or in the manner hereinafter
mentioned .
ORDINANCE No. 3 OF 1874 . 1323
Chinese Emigration.
11. Any officer so authorized to seize, search and detain any ship under this Powers of officers
authorized to
section may, for the purpose of enforcing such seizure, search and detention , call to seize ships.
[Ibid, sec. 12. ]
his aid any constable or officers of police, and may apply for assistance to any officers
of Her Majesty's Army or Navy, or Marines, or to the Harbor Master, or any officer
having authority by law to make seizures of ships, and may put any persons on board
such ship to take charge of the same, and to enforce the provisions of this section , and
any officer so authorized as aforesaid, may use force, if necessary, for the purpose of
enforcing such seizures, search and detention, and if any person is killed , maimed, or
hurt by reason of his resisting such officer in the execution of his duties, or any person
acting under his orders, or at his request, such officer so seizing, searching and detaining
the ship, or other person , shall be freely and fully indemnified as well against the
Queen's Majesty, Her Heirs and Successors, as against all persons so killed , maimed,
or hurt .
12. The owner of the ship seized and detained under this section, or his agent , Petition to Court.
[Ibid, sec. 11.]
may apply by petition to the Supreme Court for its release .
13. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the Citation of
owners.
owners or their agents in the Colony by a notice which may be in the form contained [Ibid, sec. 15.)
in schedule K to this Ordinance, to appear before the Supreme Court to show cause
why the said ship should not be condemned and forfeited to the Crown for breach of
the provisions of this section, and in case there shall be no owner of the said ship in
the Colony, nor any agent of such owner, the said notice shall be published twice in
the Gazette, and such publication shall be equivalent to personal service of the citation.
14. On the day appointed for the Proceedings
ǝ hearing of any petition for the release of the thereon.
ship, or for the appearance of the owners or their agents in the Colony in obedience to [Ibid, sec. 16. ]
a citation to show cause why the same should not be forfeited , the Court shall proceed
to enquire into the matter and to make such orders as may be necessary to put the
matter of the seizure and detention of the ship in course of trial between the owner
and the Crown.
The Court may, if it shall think fit, direct a written statement or answer or any
additional pleading to be filed, and may, in its discretion , receive evidence orally or by
affidavit, or partly orally and partly by affidavit, and may determine all questions of
fact as well as of law, or may, of its own motion , or on the application of either party,
direct a jury to be empanelled for the determination of any question of fact.
The Court may frame issues of law and of fact, and generally may exercise the
same powers and authorities as on the trial of any other suit, cause, or matter, within
its ordinary jurisdiction.
The Court may also, during or before the said proceedings, grant warrants for
the entering and searching of any ship or tenement within the jurisdiction , and the
seizure of any papers or documents which may be found therein respectively, or may
summon any person to appear before the Court, and to produce any papers and
documents and may interrogate such persons on oath touching the subject matter of
the inquiry .
1324 ORDINANCE No. 3 OF 1874.
Chinese Emigration .
Evidence of 15. Whenever any person shall have been convicted before the Supreme Court of
convictions.
[Ibid, sec. 17.] an offence against this section, the evidence taken upon the trial of such offender shall
Regulations as be received in evidence in any proceedings instituted for the forfeiture or release of
to proceedings
against the the ship in respect of which such offence shall have been committed ; but it shall not
offender and
against the ship. be necessary to take proceedings against an offender because proceedings are instituted
for the forfeiture, or to take proceedings for the forfeiture because proceedings are
taken against the offender.
Burden of proof. 16. The fact of a ship being apparently fitted and equipped , or in course of being
[Ibid, sec. 18.3
fitted and equipped within the waters of the Colony for the conveyance of Chinese
emigrants shall, if the owner, agent, or master shall not have obtained a licence from
the Governor under this section , or under section 5 of this Ordinance, be primâ facie
evidence that such ship is intended for the conveyance of Chinese emigrants to be
embarked at some port or place out of the Colony.
Release of ship 17. If on the hearing of the said proceedings for the forfeiture or release of a ship
by the Court.
[Ord. 5 of 1873. seized under this section , it shall be established to the satisfaction of the Court that
sec. 19, and Ord.
10 of 1873, sec. 1.] the offence charged has not been committed in respect of such ship against the pro
visions of this section rendering such ship liable to forfeiture, the ship shall be released
and restored to the owners thereof or their agents.
Condemnation 18. If on the hearing of the proceedings , it shall be established to the satisfaction
. ofship.
Ord. 5 of 1873, of the Court that the offence charged has been committed in respect of such ship
sec. 20, & Ord. 10
of 1873, sec. 2.] rendering the same liable to forfeiture under this section, the Court shall declare such
ship to be forfeited to the Crown .
Penalty in lieu 19. It shall be lawful for the Court to impose such a pecuniary penalty as to the
offorfeiture.
[Ord. 5 of 1873, Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship
sec. 21.]
to be detained until the penalty is paid, and to cause any penalty so imposed to be
applied in the same manner in which the proceeds of the said ship, if condemned by
order of the Court and sold, would have been applicable.
Costs. 20. The costs of all proceedings for the forfeiture or release of a ship, shall be in
[Ibid, sec. 22.]
the discretion of the Court.
Indemnity. 21. If the Court be of opinion that there was not reasonable and probable cause
Ubid, sec. 23.]
for the seizure or detention, and if no such cause appear in the course of the proceedings ,
the Court shall have power to declare that the owner is to be indemnified by the pay
ment of costs and damages in respect of the seizure or detention , the amount thereof
to be assessed by the Court, and any amount so assessed shall be payable by the
Treasury out of the general revenues of the Colony.
Sale of forfeited 22. Every ship forfeited to the Crown for breach of the provisions of this section
ship.
[Ibid, sec. 24.) may be sold by public auction or private contract, and may be transferred to the pur
chaser by bill of sale under the hand of the Governor, and the seal of the Colony, and
the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the
Crown.
ORDINANCE No. 3 OF 1874 . 1325
Chinese Emigration.
23. The Governor may, at any time, release any ship seized and detained under Release of ship
by Governor.
this section , notwithstanding her forfeiture by the sentence of the Supreme Court, on [Ibid, sec 13.3
the owner or agent giving security to the satisfaction of the Governor that the ship
.
shall not be employed contrary to this section, or may release the ship without such
.
security if the Governor think fit so to release the same .
24. Subject to the provisions of this section providing for the award of damages Indemnity to
officers.
in certain cases in respect of the seizure or detention of a ship by the Court, no (Ibid, sec. 25.1
damages shall be payable, and no public officer, or other person acting under his order
or at his request , shall be responsible, either civilly or criminally, in respect of the
seizure or detention of any ships in pursuance of this section .
25. No proceedings, other than the issue of a warrant for the seizure of a ship , Prosecution to
be by Attorney
General.
or for the apprehension of an offender, shall be instituted for any offence against the [Ibid, sec. 26.)
provisions of this section , except at the suit or prosecution of, or with the consent of
the Attorney General.
PART III.
MISCELLANEOUS .
Repealing clause.
16. The following Ordinances and sections of Ordinances are hereby repealed : Repealing clause.
Ordinance 9 of 1856, Section 3
"" 11 of 1857,
The whole.
99 6 of 1859 , }
39 1 of 1862, Section 27.
99 12 of 1868,
19 4 of 1870,
"" 8 of 1871,
91 13 of 1872, The whole.
"" 3 of 1873,
39 5 of 1873,
"" 10 of 1873,
But this repeal shall not affect :
(a.) Anything duly done before this Ordinance comes into operation ;
(b.) Any right acquired or liability accrued before this Ordinance comes into
operation ;
(c.) Any penalty, forfeiture, or other punishment incurred or to be incurred
.
in respect of any offence committed before this Ordinance comes into
operation ;
(d.) The institution of any legal proceeding, or any other remedy for
ascertaining, enforcing or recovering any such liability, penalty,
forfeiture or punishment as aforesaid .
1326 ORDINANCE No. 3 OF 1874.
Chinese Emigration .
Suspending clause.
Suspending 17. This Ordinance shall not come into operation until Her Majesty's confirmation
clause.
thereof shall have been proclaimed by the Governor in the Colony.
SCHEDULES .
(A, )
Form ofemigration passage broker's annual bond, with two sureties to le approved by the
emigration officer, under section 6 paragraph 1 .
KNOW ALL MEN by these presents, that we 4* B of, &c., C D
of, &c., and E F of, &c., are held and firmly bound unto Her Most
Gracious Majesty Queen Victoria, in the sum of five thousand current dollars, to be paid to Her said
Majesty, Her Heirs and Successors ; to which payment well and truly to be made we bind ourselves,
and every of us jointly and severally, our heirs, executors, and administrators, and the heirs, executors,
and administrators of each of us, and each and every of them, firmly by these presents, sealed with our
seals.
Dated this day of in the year one thousand eight hundred and
WHEREAS by the Chinese Emigration Consolidation Ordinance, 1874," it is amongst other things
enacted ; that no person whatever shall carry on the business of a passage broker in Hongkong, in
respect of any emigrant ship, or shall be in anywise concerned in the sale or letting of passages in any
such ship, unless such person , with two good and sufficient sureties to be approved of by the emigration
officer, shall have previously entered into a joint and several bond to Her Majesty, Her Heirs and
Successors, in the sum of five thousand current dollars : And whereas the said C. D. and E. F. have
been approved of by the emigration officer as sureties for the said A. B.
Now the condition of this obligation is, that if the above bounden 4. B. shall well and truly
observe and comply with all the requirements of the said recited Ordinance, so far as the same relate to
passage brokers ; and further, shall well and truly pay all fines, forfeiturcs, and penalties,—and also all
sums of money, by way of subsistence money, or of return passage money, and compensation to any
passenger, or on his account;-and also all costs which the above-bounden A. B. may at any time be
adjudged to pay, under or by virtue of any of the provisions of the above recited Ordinance, or of the
Act of the Imperial Parliament 18th and 19th Victoria, cap. 104 , intituled " An Act for the Regulation
of Chinese Passenger Ships ; " then , and in such case, this obligation to be void,-otherwise to remain
in full force.
Signed, sealed, and delivered , by the above-bounden A. B. , C. D. , and E. F., in the presence of.†
* Insert personal and family names in full, with the occupation and address of each of the parties.
Insert the names and addresses in full of the witnesses.
(B.)
Form of emigration passage broker's licence, under section 6 paragraph 2.
A. B. of* having shown to the satisfaction of me, the undersigned, that he hath given
bond to Her Majesty, as by the " Chinese Emigration Consolidation Ordinance, 1874," required : I,
the undersigned, do hereby license and authorize the said A. B. to carry on the business of a passage
broker in Hongkong, in respect of passengers on board emigrant ships proceeding from Hongkong, until
the end of the present year, and fourteen days afterwards, unless this licence shall be sooner determined
by forfeiture for misconduct on the part of the said A. B. as in the aforesaid Ordinance is provided.
Given under my hand and seal this day of one thousand eight hundred and
Signature (L.S.)
Emigration Officer.
* The personal and family names in full of the person applying for the licence, with his address and trade cr cccupation
must be correctly inserted.
ORDINANCE No. 3 OF 1874 . 1327
Chinese Emigration.
(C.)
Form of Notice to be given to the emigration officer offorfeiture ofa licence, under
section 6 paragraph 2.
SIR, -This is to give you notice, that the licence granted on the day of
187 9 to A. B. of t to act as an emigration passage broker, was on the day of
now last past duly declared by me (or us), the undersigned Justice (or Justices) of the
Feace to be forfeited .‡
Signatures
Place and date 187
To the EMIGRATION OFFICER,
Victoria, Hongkong.
† The personal and family names in full, with the address and trade or occupation of the party, to be here inserted.
Here state severally the reasons of forfeiture.
(D. )
Form of contract passage ticket, under section 6 paragraph 5.
I hereby engage that the Chinese named at foot hereof shall be provided with a passage to, and
shall be landed at, the port of in " in the ship or vessel called the "
with not less than 72 cubic feet and 12 superficial feet for berth accommodation (or in case of ships
under section 8, 54 cubic feet and 9 superficial feet) , and shall be victualled according to schedule
A to " The Chinese Passengers ' Act, 1855 ," annexed , during the voyage, and the term of detention at
any place before its determination , for the sum of dollars, and I hereby acknowledge to have
received the sum of dollars in full payment.
Male. Female.
Name of Passenger. Occupation. Native Place.
Age. Age.
Signature.
Passage Broker.
Victoria , Hongkong, the day of 187
I hereby certify, that I have explained and registered the above contract passage ticket.
Signature.
Emigration Officer.
Victoria, Hongkong, the day of 187 .
1328 ORDINANCE No. 3 OF 1874.
Chinese Emigration.
(E. )
Regulations referred to in paragraph 1 of section 8 respecting Chinese passenger ships.
No ship to depart 1. No ship shall clear out or proceed to sea unless the master thereof shall have received from an
without certificate,
emigration officer a copy of these regulations and a certificate in the form contained in schedule G
annexed thereto, nor until the master shall have entered into the bond prescribed by section 4 of " The
Chinese Passengers' Act, 1855."
Accommodation 2. The following conditions as to the accommodation of passengers shall be observed to the
of passengers.
satisfaction of the emigration officer :
Ventilation, space 1. The space appropriated to the passengers between decks shall be properly ventilated, and
and height between
decks. shall contain at the least 9 superficial and 54 cubical feet of space for every adult on board ;"
that is to say, for every passenger above twelve years of age, and for every two passengers
between the ages of one and twelve years. The height between decks shall be at least six
feet.
Male and female 2. The accommodation for female passengers between decks shall be separate from that
passengers.
provided for male passengers.
Space on upper 3. A space of four superficial feet per adult shall be left clear on the upper deck for the use of
deck.
the passengers .
sick bay, &c. 4. A reasonable space shall be set apart properly divided and fitted up as a sick bay , and
sufficient latrines both as to condition and number shall be provided in suitable parts of
the ship .
Deck passengers. 3. The emigration officer may, in his discretion, permit deck passengers to be carried, upon such
conditions, as may, from time to time, be prescribed under instructions from one of Her Majesty's
Principal Secretaries of State, and until and subject to such instructions, upon the conditions following --
:
Awning. 1. A suitable awning with screens shall be provided on deck, sufficient for the protection of the
passengers from the sun and from pain.
Space. 2. The space appropriated to such deck passengers shall contain at the least sixteen superficial
feet for every adult , that is to say, for every passenger above twelve years of age, and for
every two passengers between the ages of one and twelve.
Reserved space. 3. In case deck passengers shall be carried in addition to other passengers for whom accom
modation between decks shall be provided , the space to be appropriated for deck passengers
shall be reckoned exclusively of the space of four superficial feet per adult required to be
left clear on the upper deck for the use of such other passengers.
Provisions. 4. The following conditions as to provisions shall be observed to the satisfaction of the emigration
officer :
>cale. 1. Provisions, fuel and water shall be placed on board of good quality, properly packed and
sufficient for the use and consumption of the passengers, over and above the victualling
of the crew during the intended voyage, according to the following scale :
For every passenger per diem : —
not less than
Rice or bread stuffs, fbs. 1
and
.. ……… .
Dried or salt fish,..……………………………… 99 01
Chinese condiments and curly stuff, .... Oz.
Fresh vegetables, which will keep for short voyages , such as sweet [ lbs. 11
osatces, turnips, carrots, and pumpkins, J
Firewool, 27 2
Water (to be carried in tanks or sweet casks) , ......... ******...... gallon 1
ORDINANCE No. 3 CF 1874. 1329
Chinese Emigration.
Articles of food
2. The last preceding condition as to provisions shall be deemed to have been complied with , mentioned in scale
in any case where by the special authority of the emigration officer, any other articles of nay be varied.
food shall have been substituted for the articles enumerated in the foregoing scale, as being
equivalent thereto.
3. The passengers may supply their own provisions for the voyage and proper accommodation Passengers' own
supplies.
for the stowage, and sufficient cabooses for the cooking of such provisions must be allowed.
Contents of
5. The emigration officer shall not give his certificate unless he shall be satisfied : certificate.
1. That the ship is sea-worthy, and properly manned, equipped , fitted, and ventilated ; and has
not on board any cargo likely, from its quality, quantity, or mode of stowage, to prejudice
the health or safety of the passengers .
2. That suitable medicines and medical stores, provisions, fuel and water have been placed on
board, of good quality, properly packed and sufficient in quantity to supply the passengers
on board during the intended voyage.
3. That all the requirements of section 8 of this Ordinance have been complied with.
6. The emigration officer may, in his discretion , (subject in Hongkong to an appeal to the Governor) Power to withhold
certificate.
withhold his certificate in all cases where the intended passengers or any of them are under contracts
of service.
7. The emigration officer may, if he shall think fit, before granting his certificate, employ any duly Emigration officer
may employ
medical men,
qualified medical practitioner, master mariner, marine surveyor, or other person whose professional marine surveyors,
and others.
assistance and advice he may require for the purpose of ascertaining whether the requirements of section
8 of this Ordinance have been duly complied with, and the costs and charges of obtaining such assistance
and advice, shall be defrayed by the owners or charterers of the ship, whether the emigration officer
shall grant his certificate or not.
8. The emigration officer shall, from time to time, fix a reasonable scale of fees and charges to be Fees ofprofessional
persons employed.
approved by one of Her Majesty's Principal Secretaries of State, for the remuneration of any professional
persons who may be employed by him under the last preceding regulation, and pending the approval or
disapproval of such scale, the fees and charges therein specified shall be payable, as if the same had
been approved in manner aforesaid.
9. The owners or charterers of every ship shall pay such fees for the remuneration of the emigration Fees of emigration
officer.
officer, as may, from time to time, be ordered under instructions from one of Her Majesty's Principal
Secretaries of State, and until and subject to such instructions, the following fees shall be payable in
addition to all fees chargeable under regulation 10 : —
Upon the application for a certificate,. .$25
Upon the granting of the certificate,......... ....
..$25
Provided always that no fees shall be payable to the emigration officer of Hongkong, but in lieu thereof
the following stamp duties are hereby imposed , that is to say :
Upon every application for a certificate under article 2 of the regulations
contained in schedule B of the said Ordinance, a stamp duty of.........$ 1
Upon every certificate granted under article 1 of the said regulations, a
stamp duty of........... ......$1
And " The Stamp (Amendment) Ordinance, 1868," shall be read as if the stamp duties hereby imposed
were inserted in the schedule thereof.
10. In case default shall be made by the owners or charterers of the ship in the payment of any Power to detain
ship for non
fees and charges to which they may be liable under section 8 of this Ordinance, the ship may be detained payment of fees.
bythe British Consul , or if in Hongkong by the Governor, until such fees and charges shall have been
paid.
11. The emigration officer may withold his certificate or revoke the same at any time before the In case of false
particulars, ship
may be detained
departure of the ship if it shall appear to his satisfaction that any particulars contained in the application and certificate
in writing which shall have been made for the same or any other particulars which may have been cancelled.
furnished to him by or on behalf of the owners, charterers, or master of the ship in relation thereto, arc
1330 ORDINANCE No. 3 OF 1874 .
Chinese Emigration.
untrue, and that the conditions of section 8 of this Ordinance have not been complied with ; and in
every such case it shall be lawful for the British Consul, or if in Hongkong for the Governor, to seize
and detain the ship until the certificate, if already granted , shall have been delivered up to be cancelled.
Treatment of 12. The master of every British ship shall, during the whole of the intended voyage, make issues of
passengers at sa
provisions, fuel and water, according to the aforesaid dietary scale, to all the passengers except such as
shall have supplied themselves therewith, and shall not make any alteration except for the manifest
advantage of the passengers, in respect of the space allotted to them as aforesaid, or in respect of the
means of ventilation , and shall not ill-use the passengers, or require them (except in case of necessity)
to help in working the vessel ; and shall issue medicines and medical comforts, as shall be requisite, to
the best of his judgment, and shall call at such ports as may be mentioned in the emigration officer's
clearing certificate for fresh water and other necessantes ; and shall carry the passengers without
unnecessary delay to the destination to which they have contracted to proceed .
Production of 13. The master of every British ship shall within 24 hours after his arrival at the port of destination
emigration papers
at port of and at any port of call, produce his emigration papers to the British Consul (if any) at such port or in
destination.
case such port shall be in Her Majesty's dominions to any officer appointed or authorized by the Local
Government in that behalf. It shall be lawful for such Consul or other officer to enter and inspect such
ship, and in case the master shall obstruct or refuse to assist him in the discharge of such duty, or shall
without reasonable cause fail to produce his emigration papers as aforesaid, he shall be liable to a fine
of five hundred dollars, and the ship may be detained by the British Consul, or if in Her Majesty's
dominions, by the Local Government, until such fine shall have been paid and the emigration papers
shall have been given up.
British Consul 16. In all ports and places where no emigration officer shall have been appointed , the British Consul
deemed emigration
officer where no shall, until such appointment, and at all times pending the vac: ney of such office, be deemed to be th
such officer is
appointed. emigration officer for the purposes of these regulations.
( F. )
Under section 8 paragraph 2.
▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬
FOR STEAMERS
Whose steam power shall be sufficient without the aid of sails to propel them at the
rate of five statute miles in the hour.
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any port in Formosa,
to
Calcutta. Labuan.
Pegu. Sarawak.
Sumatra. Manila.
Java. Bangkok.
The Straits Settlements. Japan.
FOR SAILING VESSELS
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any port in Formosa,
to
From October to March, both inclusive. From April to September, both inclusive.
Sumatra. Labuan.
Java. Manila.
The Straits Settlements . Bangkok.
Labuan.
Manila.
Bangkok.
ORDINANCE No. 3 OF 1874 . 1331
Chinese Emigration .
(G. )
Emigration officer's certificate, under section 8.
I. [ A. B. ] &c. , emigration officer at the port of do hereby certify as follows :
1. That the Chinese passenger ship , A. B., master, of the port of
is within the provisions of section 8 of an Ordinance of the Legislature of Hongkong,
entitled " The Chinese Emigration Consolidation Ordinance, 1874," and that the said
ship is authorized to proceed to sea from the port of
for the port of
2. That the said ship is authorized to carry adults and that there are on board
passengers [ if any are deck passengers add : of whom are
deck passengers ], making in all adults, namely : men women
male children female children, such children being between the
ages of one and twelve years.
3. That the space set apart and to be kept clear for the use of such passengers is as follows :
On the upper deck superficial feet being [ describe space ] and in the between
decks superficial feet being [ describe space] .
4. That the ship is sea-worthy, and properly manned, equipped, fitted, and ventilated ; and
has not on board any cargo likely, from its quality, quantity, or mode of stowage to
prejudice the health or safety of the passengers. The means of ventilating the passengers'
accommodation between decks are as follows : [ describe means. ]
5. That suitable medicines and medical stores, provisions, fuel and water have been placed on
board, of good quality, properly packed and sufficient in quantity to supply the passengers
on board during the intended voyage.
6. That all the conditions and requirements of the said section have been duly complied with.
7. That the aforesaid passengers [or in case of a part only, state the number,] are emigrants
under contracts of service and that I have inspected the contracts between them and their
intended employers (the terms of which are annexed to this certificate) and consider them
reasonable ; and that no fraud appears to have been practised in collecting such emigrants.
8. That the master of the ship is to put into for water and fresh vegetables.
A. B.,
Emigration officer at the
port of
Dated the day of
187
N.B. Where none of the passengers are emigrants under contracts of service the following paragraph
shall be substituted for paragraph 7.
"7. That the whole of the said passengers are free passengers under no contract of service
whatever."
(H.)
Emigration officer's certificate, under section 14.
I, (A.B.) , emigration officer of Hongkong, do hereby certify, that I have inspected the fittings of
the 27 of which
ship " is master, bound for
and that there are no prohibited or objectionable fittings on board.
A. B.
Dated at Hongkong , the day of 187 .
1332 ORDINANCES Nos . 3 AND 4 OF 1874.
Chinese Emigration. Revenue.
(I. )
Form of warrant, under paragraph 10 ofsection 15.
Hongkong To
to wit. ་
Whereas it has been made to appear to my satisfaction that there are reasonable grounds for suspect
ing that an offence has been committed against the provisions of the above section in respect of the ship
9 now lying in the waters of this Colony, rendering the said ship liable to forfeiture.———
This is therefore to command you in Her Majesty's name forthwith to seize the said ship wherever
she may be lying within the waters of this Colony, and to search the said ship and her equipment, and
to detain the same in your charge and custody until the forfeiture or release thereof, according to law,
for which this shall be your warrant.
Given under my hand and the seal of the Colony, this day of
in the year of our Lord, 187
L. S.
Governor and Commander in Chief, &c.
(K.)
Form of citation, under paragraph 14 of section 15.
IN THE SUPREME COURT OF HONGKONG.
The day of 187 .
In re The "
Take notice that under and in pursuance of " The Chinese Emigration Consolidation Ordinance, 1874,"
you are hereby cited to appear before the Supreme Court on the day of
to show cause why the above-named ship and her equipment should not be forfeited to the Crown for
breach of the provisions of the said Ordinance.
To the owners of
""
the ship 66
or their agents.
[ Confirmation never proclaimed. Repealed by Ordinance No. 5 of 1874. ]
No. 4 of 1874.
Title. An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Thirty-two thousand Dollars to defray the Charges of
the Year 1873 .
[ 10th August, 1874. ]
Preamble. HEREAS it has become necessary to make further provision for the public service
W of the Colony for the year 1873 , in addition to the charge upon the revenue for
the service of the said year already provided for in the estimates submitted to the
Legislative Council : Be it enacted by the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :
ORDINANCES Nos. 4 AND 5 OF 1874. 1333
Revenue. Chinese Emigration.
1. A sum not exceeding thirty-two thousand dollars shall be and the same is hereby Supplementary
Estimates, 1873.
charged upon the revenue of this Colony for the service of the year 1873, the said sum
so charged being expended as hereinafter specified ; that is to say :
ESTABLISHMENTS .
CIVIL : c.
Governor, 250.00
Clerk of Councils, 0.85
Registrar General, 248.58
Harbor Master, ……………………………… 1,961.84
JUDICIAL , 741.90
MEDICAL,....... 964.86
FIRE BRIGADE , 3,153.80
TOTAL ESTABLISHMENTS , ...... 7,321.83
SERVICES EXCLUSIVE OF ESTABLISHMENTS.
COLONIAL TREASURER, 26.31
HARBOR MASTER, .... 363.50
WORKS AND BUILDINGS, 18,854.39
ROADS, STREETS AND BRIDGES , 2,953.65
MISCELLANEOUS SERVICES ,........ 2,059.63
TOTAL,..... ..... $31,579.31
[ Repealed by Ordinance No. 4 of 1887.]
• No. 5 of 1874 .
An Ordinance to consolidate and amend the Law relating to Chinese Title.
Passenger Ships, and the Conveyance of Chinese Emigrants .
[ 7th September, 1874. ]
HEREAS it is expedient to consolidate and amend the law relating to Chinese Preamble.
W passenger ships, and the conveyance of Chinese emigrants : Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :-
PRELIMINARY .
1. This Ordinance may be cited for all purposes as " The Chinese Emigration Short title.
Consolidation Ordinance, 1874."
2. In the interpretation of this Ordinance : - Interpretation
clause.
The term " Chinese Passenger Ship " shall include every ship carrying 18 & 19 Vic ..
c. 101.
from any port in Hongkong, and every British ship carrying from any port
in China, or within one hundred miles of the coast thereof, more than twenty
passengers being natives of Asia ;
1334 ORDINANCE No. 5 OF 1874 .
Chinese Emigration.
[Ord. 3 of 1873, [ The expression " Chinese Emigrant Ship " shall mean any ship not being a
sec. 2.]
" Chinese Passenger Ship " lying in the waters of the Colony, and fitting out or
intended to the used for the conveyance of Chinese emigrants to be embarked at any
port or place out of the Colony ; Rep. by Ord. No. 6 of 1879. ]
[Ibid.]
( The term " Fittings " shall include any article capable of being used as
part of the tackle, apparel, furniture, or equipment of a ship ;
[Ibid.] The expression " Prohibited Fittings " shall mean any fittings prohibited
by this Ordinance, or by a proclamation of the Governor ;
[Ibid.] The expression " Emigration Officer " shall include any person deputed
or authorized by the emigration officer to execute any power or perform
any duty vested in or imposed upon him by this Ordinance ;
[18 & 19 Vic., The word " Colony " shall include all Her Majesty's possessions abroad
c. 104.]
not being under the Government of the Viceroy of India ;
[Ibid.] The word " Governor " shall signify the person for the time being
lawfully administering the Government of such Colony ;
[Ibid. The term " British Consul " shall include any person lawfully exercising
Consular authority on behalf of Her Majesty in any foreign port ;
[Ibid.] The word " Ship " shall include all sea -going vessels ;
[ bida] The term " Commander or Master of any Ship " shall include any
person for the time being in command or charge of the same.
Definition of a voyage within " The Chinese Passengers' Act."
Definition of 3. Any Chinese passenger ship clearing out or proceeding to sea from any port in
[short: struck out
by Ord. No. 1 of this Colony, or in China, or within a hundred miles of the coast thereof, on any voyage
1876] voyage.
[Ord. 9 of 1856, or voyages to any other port or ports for the purpose of commencing at or from any
sec. 3.]
such port or ports as last aforesaid a voyage of more than seven days' duration shall
be deemed to have cleared out or proceeded to sea upon the said last mentioned voyage
from the said first mentioned port within the meaning of " The Chinese Passengers'
Act, 1855."
PART I.
REGULATIONS UNDER 66 THE CHINESE PASSENGERS ACT ."
Notice of passenger ship being laid on the berth.
Notice of ship
being laid on as 4. The owners or charterers of every Chinese passenger ship, or if absent from the
a Chinese pas
senger ship to be Colony their respective agents , shall as soon as such ship is laid on for the conveyance
given to emigra
tion officer. of Chinese emigrants give notice in writing of the fact to the emigration officer speci
[Ord. 12 of 1868,
sec. 5.] fying in such notice the name, destination and probable time of departure of such ship ,
and in all cases where such intending emigrants are under contracts of service, of the
depôt or depôts in which such intending emigrants are lodging or intended to be
lodged before embarkation.
ORDINANCE No. 5 OF 1874. 1335
Chinese Emigration.
Licensing of " Chinese Passenger Ships."
5. No Chinese passenger ship, except ships about to proceed on a voyage of not No Chinese
passenger ship to
more than thirty days' duration within the meaning of section 8 of this Ordinance, preceed to sea
without a
licence from the
shall clear out or proceed to sea, and the emigration officer shall not grant the certificate Governor.
[Ord. 4 of 1870,
prescribed by section 4 of " The Chinese Passengers' Act, 1855," unless the master of sec. 3.]
[For amendments
such ship shall be provided with a licence under the hand of the Governor and the see Ord. No. 1 of
1876 which was
public seal of the Colony to be obtained in manner hereinafter mentioned . repealed by Ord.
No. 3 of 1876.]
2. It shall be lawful for the Goyernor in Council, from time to time, to exempt Power to exempt
certain vessels
from the opera
from the operation of this section , any mail steamers or other vessels which are subject tion of this
section.
to the provisions of " The Chinese Passengers' Act, 1855 ," provided that the Chinese [Ibid, sec. 11.]
passengers proceeding in such vessels be free emigrants and under no contract of
service whatever. [ Repealed by Ord. No. 1 of 1876 but revived by Ord. No. 3 of 1876.]
Time and mode
3. The owners or charterers of every such Chinese passenger ship, or if absent of application
for licence.
from the Colony their respective agents, shall, before such ship is laid on for the con [Ibid, sec. 4.]
veyance of Chinese emigrants and before any depôt is opened for their reception , apply
in writing to the Colonial Secretary for a licence under the hand of the Governor and
the public seal of the Colony for the conveyance of such emigrants and shall furnish
all particulars as to the destination of the said ship and as to all other matters relating
to the intended voyage and emigration which may be required of them, and shall also
furnish the like particulars where any exemption is applied for under paragraph 2 of
section.
4. All such particulars shall , if so ordered , be verified upon oath before the emi Punishment for
furnishing
gration officer or any Justice of the . Peace, and every person who shall knowingly untrue parti
culars.
[Ibid, sec. 5.1
furnish untrue particulars , shall be liable to imprisonment with or without hard labor,
for any period not exceeding six calendar months, and to a fine not exceeding one
hundred dollars, either in addition to or in substitution of such imprisonment.
5. The granting of every such licence shall be in the discretion of the Governor Conditions of
licence and
in Council and shall be subject to the payment of a fee of one hundred dollars [ See amount of fee.
[Ibid, sec. 6.]
Ords. Nos. 1 and 3 of1876] and to such conditions as may, from time to time, be prescribed
under instructions from Her Majesty's Principal Secretary of State for the Colonies , Governor in
Council may
and the Governor in Council may impose such conditions on the granting of such licence impose condi
tions.
as he shall think expedient in each particular case, provided the same shall not be
contrary to or inconsistent with such instructions.
6. Every licence [ See Ords. Nos. 1 and 3 of 1876] grauted under this section in Licence to
specify time of
respect of any Chinese passenger ship shall specify the period within which such ship departure ;
proviso for
extension
shall clear out and proceed to sea : Provided always that it shall be lawful for the thereof.
[Ibid, sec. 7.3
Governor in Council, from time to time, to extend such period.
7. In case it shall be shown to the satisfaction of the Governor in Council at any Power to remove
master or other
time before the departure of a Chinese passenger ship that the master, mate, or any officer.
[Ibid, sec. 8.]
other officer of such ship is unfit for the proper discharge of his duties by reason of
incompetency or misconduct , or for any other sufficient cause, it shall be lawful for the
1336 ORDINANCE No. 5 OF 1874 .
Chinese Emigration.
1.
Governor, by order under his hand, to discharge and remove such master, mate, or
other officer from the said ship, and thereupon the owners or charterers thereof, or
their agents, shall forthwith appoint a master or mate , or other officer, as the case may
be, to be approved by the emigration officer, in the place of the one so discharged and
removed as aforesaid.
8. In any of the following cases, namely :
Power to revoke (a .) If it shall appear to the satisfaction of the Governor in Council, at any
and cancel
Ecence. time before the departure of a Chinese passenger ship , that the parti
[ bid, sec. 9.]
culars furnished in relation thereto under paragraph 3 are untrue, or
that any condition of the said licence has been violated ;
(b.) If any Chinese passenger ship shall fail to clear out and proceed to sea ,
within the period specified in the licence granted under this section, or
within such extended period as aforesaid ;
(c.) If the owners or charterers of a Chinese passenger ship shall fail forth
with to appoint a master, mate, or other officer to be approved as
aforesaid, in the place of any master, mate, or other officer discharged
under paragraph 7 ;
It shall be lawful for the Governor in Council to revoke the licence granted under this
section in respect of such Chinese passenger ship, and to order that the said ship be
seized and detained until her emigration papers (if already granted ) be delivered up
to be cancelled.
Breach of condi 9. The breach of any condition of a licence granted under this section shall be
tion of licence.
deemed a breach of a regulation respecting Chinese passenger ships within the meaning
of section 2 of " The Chinese Passengers' Act, 1855. "
Application of 10. It shall be lawful for the Governor in Council to apply the whole or any part
penalty for
breach of this
Ordinance of the penalty recoverable in case of the non-observance or non- performance of the
recoverable
under " The regulations of this section under the provisions of section 5 of " The Chinese Passengers'
Chinese Passen
gers' Act, 1855," Act, 1855," towards the expenses of reconveying to their homes intending emigrants
[ bid , sec. 10.]
by any vessel in respect of which the licence granted under this section shall have been
revoked in manner hereinbefore provided .
Regulations of 11. Nothing in this section shall be deemed to affect the regulations contained in
schedule A of
Chinese Pas schedule A of " The Chinese Passengers' Act, 1855. ”
sengers' Act,
1855," not to be
affected by this [The whole of section 5 repealed by Ordinance No. 5 of 1876. ]
section.
Emigration passage brokers.
No person to act 6. No person shall act as a passenger broker, or in procuring passengers for, or in
as a passage
broker without the sale or letting of passages in any Chinese passenger ship, unless he shall, with two
having entered
into a bond and
obtained a sufficient sureties , to be approved by the emigration officer, have entered into a joint
ficence.
[Ord. 11 of 1857, and several bond in the sum of five thousand current dollars , to Her Majesty, Her
sec. 1.]
Heirs and Successors, according to the form contained in schedule A hereunto annexed ,
which bond shall be renewed on each occasion of obtaining such licence as hereinafter
ORDINANCE No. 5 OF 1874. 1337
Chinese Emigration.
mentioned , and shall be deposited with the emigration officer ; nor unless such person
shall have obtained a licence to let or sell passages , nor unless such licence shall be
then in force ; and where different members of the same firm act as passage brokers,
each person so acting shall comply with the terms of this section.
How passage
2. Any person wishing to obtain a licence to act as a passage broker, shall make broker's licences
may be obtained .
application for the same to the emigration officer, and the emigration officer is hereby [Ibid , sec. 2.]
authorized (if he shall think fit) to grant such licence according to the form in schedule
B hereunto annexed : Provided always, that no such licence shall be granted unless
such bond as hereinbefore mentioned shall have been first entered into : Provided also, Power to Ma
gistrates to order
licences to be
that any Magistrate who shall adjudicate on any offence against this section , is hereby forfeited.
authorized to order the offender's licence to be forfeited , and the same shall thereupon
be forfeited accordingly ; and the said Magistrate making such order shall forthwith
cause notice of such forfeiture, in the form contained in the schedule C hereunto
annexed, to be transmitted to the emigration officer, and such forfeiture shall be
exclusive and independent of any other punishment which may be inflicted upon such
offender under the provisions of this section.
3. Every person obtaining such licence as aforesaid , shall pay to the emigration Fee to be paid
for licences.
officer a fee of two hundred current dollars, which fee the emigration officer is hereby [Ibid, sec. 3.]
empowered and required to demand and receive upon the issuing of any such licence ;
and the emigration officer shall pay all such fees into the Colonial Treasury, to the use
of the Crown .
4. Such licence shall continue in force unt the 31st day of December in the year Howlonglicences
are to continue
in which such licence shall be granted , and for fourteen days afterwards, unless sooner in force.
[Ibid, sec. 4.]
forfeited as hereinbefore mentioned.
5. Every passage broker who shall or may receive money from any person , for or Contract tickets
for passages.
in respect of a passage in any Chinese passenger ship, shall give to every such person [Ibid, sec. 5.]
a contract ticket, under the hand of such passage broker, and stamped with his seal or
trade mark, each ticket to be printed in a plain and legible type, according to the
form in the schedule D hereunto annexed, and to be accompanied with a translation
thereof in the Chinese language, in plain and legible characters.
6. Every such passage broker before he shall receive or take any money on account Passage brokers
to produce to
emigration
of any such passage, or for the sale or letting of the whole or any part of the accom officer certificate
that they have
modation of or in any Chinese passenger ship proceeding from Hongkong, shall produce chartered the
ship for carrying
to the emigration officer the certificate of the master or owner of the ship, in respect of emigrants.
[Ibid, sec. 6.)
which such passage shall or may have been taken, or the accommodation in which
shall have been so sold or let , to the effect that such ship has been chartered for the
purpose of carrying emigrants, and that he, such passage broker, is authorized to
receive payment for such passage, or for the sale or letting of the accommodation in
such ship ; and such certificate shall be filed in the office of the emigration officer.
1338 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
Passage broker 7. On every occasion of the delivery to any passenger of such contract ticket as
to attend before
emigration aforesaid, the passage broker who shall have engaged to provide such passenger with a
officer for the
parpose of
delivering the passage shall attend with him at the office of the emigration officer, in whose presence
contract tickets
to passengers . the contract ticket shall be delivered to such passenger, and who shall explain to him
[Loid, sec. 7.]
the true intent and meaning of such contract .
Contract tickets 8. No person shall fraudulently alter or cause to be altered , after it is once issued ,
not to be altered.
[Ibid, sec. 8.]
or shall induce any person to part with or render useless or destroy any such contract
ticket, during the continuance of the contract which it is intended to evidence.
Agents not to 9. No licensed passage broker shall, as agent for any person, whether a licensed
act without
written autho broker or not, receive money for or on account of the passage of any passenger on
rity, and to
produce their
anthority on board a Chinese passenger ship, without having a written authority to act as such
demand.
ilbid, sec. 9.1 agent, or on the demand of the emigration officer, refuse or fail to exhibit his licence
and such written authority ; and no person whether as principal or agent shall, by any
fraud, or by false representation as to the size of the ship or otherwise, or by any false
pretence whatsoever, induce any person to engage any passage as aforesaid.
Notice of every 10. Every emigration passage broker who shall contract with any intending
contract with
emigrants to be emigrant for a passage in such ship shall forthwith give notice in writing to the
given to emigra
tion officer.
Ord. 12 of 1868, emigration officer of every such contract, specifying the name, age and sex of such
sec. 8.]
emigrant and the name of such ship .
Penalties for 11. All violations or disobediences of, or defaults in compliance with, the provi
offences.
[Ord. 11 of 1857, sions of this section shall be heard and determined in a summary way ; and on con
sec. 19. ]
viction of such offences, the respective offenders shall be sentenced to pay the several
penalties, or in default of the payment thereof, to suffer the several terms of imprison
ment respectively hereinafter specified :
(a.) For every offence against paragraph 1 , a fine not exceeding four hundred
dollars, or imprisonment for a term not exceeding six months .
(b.) For every offence against paragraph 5 , a fine not exceeding fifty dollars,
or imprisonment for a term not exceeding six weeks .
(c.) For every offence against paragraph 6 , a fine not exceeding one hundred
dollars, or imprisonment for a term not exceeding three months.
(d .) For every offence committed by a passage broker against paragraph 7, a
fine not exceeding one hundred dollars, or imprisonment for a term
not exceeding three months.
(e.) For every offence against paragraph 8, a fine not exceeding fifty dollars,
or imprisonment for a term not exceeding two months.
Hospital and medical inspection.
Hospital accom 7. In every Chinese passenger ship, except ships about to proceed on a voyage of
modation to be
provided, [Ord. not more than thirty days' duration within the meaning of section 8 of this Ordinance ,
6 of 1859, sec. 1.]
there shall be a sufficient space properly divided off to the satisfaction of the emigration
officer at the port of clearance, to be used exclusively as a hospital or sick bay for the
ORDINANCE No. 5 OF 1874. 1339
Chinese Emigration.
passengers ; this space shall be either under the poop, or in the round-house, or in any
deck-house which shall be properly built and secured to the satisfaction of such emigra
tion officer, or on the upper passenger deck, and not elsewhere , and shall in no case be
of less dimensions than eighteen clear superficial feet for every fifty passengers which
the ship shall carry. Every such hospital shall be fitted with bed places, and supplied and properly
fitted up.
with proper beds , bedding , and utensils , to the satisfaction of the emigration officer at
the port of clearance, and shall throughout the voyage be kept so fitted and supplied.
2. In the measurement of the passenger decks, for the purpose of determining the Space forhospital
to be included in
number of passengers to be carried in any such Chinese passenger ship, the space for measurement of
capacity for
the hospital shall be included. passengers.
(Ibid, sec. 2.]
3. The Governor is hereby authorized to appoint, at a salary not exceeding two Governor au
thorized to ap
thousand dollars per annum, a medical officer whose duty it shall be to inspect intend point a medical
officer.
[Ord. 12 of 1868,
ing emigrants and to supervise all matters and things in any way relating to the sec. 9.]
comfort and well-being of such emigrants before their departure and on their voyage,
and such salary shall be in lieu of all fees.
4. No Chinese passenger ship shall clear out or proceed to sea on any voyage of Medical examina
tion before sail
more than seven days' duration , until the proper medical officer as provided shall have ing. [Ord. 5, of
1869, sec. 3. ]
certified to the emigration officer, and the said emigration officer shall not grant his
certificate unless he is satisfied, that none of the passengers or crew appear by reason
of any bodily or mental disease, unfit to proceed or, likely to endanger the health or
safety of other persons about to proceed in such vessel ; and a medical inspection of
the passengers for the purposes of giving such certificate shall take place either on
board the vessel, or, at the discretion of the safd emigration officer, at such time and
place on shore, before embarkation, as he may appoint ; and the master, owner, or
charterer of the ship, shall pay to the emigration officer a sum at the rate of twenty-five
current dollars, for every hundred persons so examined, and such emigration officer
shall pay the same into the Treasury to the use of the Crown .
5. The medical inspection of emigrants under contracts of service shall take place Medical inspec
tion of emigrants
under contract
on shore before embarkation as well as on board the said ship after embarkation and of service.
[Ord. 12 of 1868,
the emigration officer shall not grant the certificate required by " The Chinese Passen sec. 10.1
gers ' Act, 1855 " unless he shall be satisfied that such double inspection has been duly
made, or has been dispensed with by the sanction of the Governor.
6. It shall not be lawful for any emigrant under contract of service to embark in No emigrant to
embark or be
received on board
any Chinese passenger ship, or for the master or other person on board of a Chinese without a permit.
[Ibid, sec. 11.]
passenger ship to permit any such emigrant to embark therein, unless such emigrant
shall produce an embarkation permit from the emigration officer, who shall not grant
the same unless he shall be satisfied that such emigrant has undergone on shore the
medical inspection required by law to be made before embarkation .
7. The medical inspection of emigrants required to be made after their embarka Emigration
officer to appoint
time for medical
tion in any Chinese passenger ship shall take place at such time as the emigration inspection after
officer shall appoint. embarkation.
[Ibid, sec. 12.]
1340 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
Chinese medical 8. Any Chinese medical practitioner properly qualified to the satisfaction of the
practitioners
may be Surgeons Colonial Surgeon shall be eligible, with approval of the Governor, for the office of surgeon
of Chinese
passenger ships.
[Ibid, sec. 14.3 of a Chinese passenger ship within the terms of schedule A of " The Chinese Passengers'
Act, 1855."
Regulations for voyages of not more than thirty days' duration.
Modified regula 8. All ships clearing out or proceeding to sea upon voyages of not more than
tions for voyages
of not more than thirty days' duration, shall be subject to the modified regulations contained in schedule
thirty days'
duration.
[See Ord. 8 of E of this Ordinance which as regards such ships shall be substituted for those contained
1871.]
in schedule A of " The Chinese Passengers' Act , 1855 ," but nothing in this section
contained shall be deemed to relieve Chinese passenger ships from the operation of the
said Act, except so far as the same is by the said schedule expressly modified .
Voyages de 2. The voyages specified in schedule F to this Ordinance annexed, are hereby
clared to be of
not more than
thirty days' declared to be voyages of not more than thirty days' duration , subject as regards
duration.
[Ibid, sec. 4.] steamers to the conditions as to their rate of speed and as regards sailing vessels to the
conditions as to the periods of the year during which the voyage shall be performed,
in the said schedule respectively expressed and contained .
Not to affect 3. This section shall not be construed as affecting any Chinese passenger ship
ships not within
"The Chinese
Passengers' Act." which is about to proceed to sea on a voyage of not more than seven days' duration .
Depôts for emigrants under contract of service.
Depôts to be 9. The owners or charterers of every Chinese passenger ship which is about to
provided for the
lodging of
emigrants. convey emigrants under contracts of service shall, as soon as such ship is laid on for
[Ord. 12 of 1868,
sec. 4.] the conveyance of such emigrants, provide a depôt or depôts, to be approved of by the
emigration officer, wherein every intending emigrant by such ship may lodge as
hereinafter provided, and every such depôt shall be maintained and every emigrant
lodging therein shall be supported at the expense of such owners or charterers.
Emigrants to 2. Every intending emigrant by such Chinese passenger ship shall lodge, at the
lodge in depôt
three clear days
before embarka least three clear days previously to his embarkation, in the depôt provided by the
tion.
[Ibid, sec. 6.] owners or charterers of such ship.
Supervision of 3. Every such depôt as aforesaid shall be under the supervision of the emigration
depots.
[Ibid, sec. 7.]
officer who may inspect the same at such times as he shall think fit, and there shall be
at all times free ingress and egress allowed to all persons to and from such depôts,
from 6 A.M. to 6 P.M.
Orders in Council relating to quantity of water.
Orders in Conn 10. All Orders of Her Majesty the Queen in Council relating to the quantity of
cil to apply to
Chinese pas en
ger ships. water to be carried by passenger ships having a certain description of condensing
(Ibid, sec. 15.)
apparatus stall apply to Chinese passenger ships.
ORDINANCE No. 5 OF 1874 . 1341
Chinese Emigration.
No Chinese passenger ship unless propelled by steam to clear between
April and September.
11. No Chinese passenger ship , unless a vessel propelled by steam, bound to any No Chinese
passenger ship
port westward of the Cape of Good Hope or to any port in Australia, New Zealand , to clear between
April and Sep
Oceania, or Tasmania shall be permitted to clear from any port in the Colony between tember. Ibid,
sec. 16.]
the months of April and September inclusive.
Unwilling emigrants.
12. It shall be lawful for the emigration officer at any time when he is satisfied Emigration
officer may land
that any emigrant who is unwilling to leave the port has been obtained by any fraud, any emigrant
who is unwilling
to leave the port
violence, or other improper means, to land such emigrant and procure him a passage and who has
been procured
back to his native place or that from which he was taken, and also to defray the cost of by any fraud, &c.
[Ibid, sec. 18.]
his maintenance whilst awaiting a return passage, and all such expenses with all legal
costs incurred shall be recoverable by the emigration officer before any Police Magis
trate from the emigration passage broker of the vessel in which such emigrant was
shipped or intended to be shipped.
2. Whosoever shall unlawfully either by force or fraud take away or detain against Punishment for
improperly
his will any man or boy with intent to put him on board a Chinese passenger ship and obtaining
emigrants.
whosoever shall with any such intent receive, harbor, or enter into any contract for [Ibid, sec. 19 ]
foreign service with any such man or boy knowing the same to have been by force or
fraud taken and obtained as in this paragraph before mentioned, shall be guilty of
felony and being convicted thereof shall be liable, at the discretion of the Court, to be
kept in penal servitude for any term not exceeding seven years and not less than three
years, or to be imprisoned for any term not exceetling two years with or without hard
labor.
Penalties for breach of Ordinance.
13. The owners or charterers of any Chinese passenger ship and any emigration Punishment of
persons com
mitting any
passage broker and any intending emigrant by a Chinese passenger ship and any breach ofthis
Ordinance.
master or other person in charge of a Chinese passenger ship who shall fail to comply [Ibid, sec. 21.]
with or commit any breach of the provisions of part I of this Ordinance so far as they
may respectively be bound thereby, and any person granting or knowingly uttering
any forged certificate, permit, notice, or other document under this Ordinance shall ,
without prejudice to any other proceeding, civil or criminal, be liable upon suinmary
conviction before a Magistrate to a fine not exceeding five hundred dollars, or to
imprisonment with or without hard labor for any term not exceeding six months.
PART II.
EMIGRATION FROM PORTS OUT OF THE COLONY.
Emigrant ship fittings.
14. Before beginning to fit out any ship intended to be used for the conveyance Notice to
emigration
of Chinese emigrants to be embarked at any port or place out of the Colony, a notice officer.
[Ord . 3 of 1873,
sec. 4.]
to that effect shall be given in writing to the emigration officer, and such notice shall
1342 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
be signed by the owner and master of such ship , or in the event of the owner not being
resident within the Colony, by the agent and master thereof, and in case such notice
shall not have been given, the owner and master, or the agent and master of such ship ,
as the case may be, shall be guilty of an offence against this section , and shall be liable
to the punishment hereinafter prescribed : Provided always that where there shall be
no agent of an absent owner in the Colony, the notice may be signed by the master
alone.
Report to 2. The master of every ship arriving within the waters of the Colony and which
emigration
officer. shall be fitted out for the conveyance of Chinese emigrants shall, within twenty- four
[Ibid, sec. 5.]
hours, report the same to the emigration officer, and in case he shall neglect so to do,
he shall be deemed guilty of an offence against this section , and shall be liable to the
punishment hereinafter prescribed.
Powers and 3. The fittings of every ship mentioned in paragraphs 1 and 2 of this section shall
duties of
emigration be subject to the approval of the emigration officer, who is hereby empowered, at all
officer.
[Ibid, sec. 6.]
reasonable times, to go on board and search and inspect such ship and her fittings , and
to order any fittings which shall in his opinion be objectionable, to be forthwith
removed ; and any person who shall in any way impede or attempt to impede the
emigration officer in the execution of this duty, shall be guilty of an offence against this
section, and shall be liable to the punishment hereinafter prescribed .
Certificate of 4. No such ship shall clear out or proceed to sea until the master thereof shall
emigration
officer.
[Ibul, sec. 7.] have received from the emigration officer a certificate in the form contained in schedule
H to this Ordinance, and every such certificate shall be liable to a stamp duty of
twenty-five dollars.
Barricades and 5. All barricades and gratings apparently intended to be used, or which are capable
gratings pro
hibited.
[Ibid, sec. 8.] of being used for the purpose of confining Chinese emigrants below decks, or within
any particular part of a ship shall be deemed to be prohibited fittings within the
meaning of this section .
Other prohibited 6. It shall be lawful for the Governor , from time to time, by proclamation to be
fittings.
[Ibid , sec. 9.] inserted in the Gazette to prohibit the use or carriage in any ship of any other
description of fittings therein specified , and every such prohibition shall have the same
force or effect as if it were expressly enacted in this section.
Seizure and
forfeiture 7. All prohibited fittings wherever found within the Colony shall be seized and
thereof. shall be forfeited to the Crown in manner hereinafter mentioned.
Libid, sec. 10.]
Unlawful pos 8. Whoever shall, without lawful excuse (the proof of which shall lie on the
session, &c. of
prohibited accused), manufacture, purchase, sell, or have in his possession any prohibited fittings,
fittings.
[Ibid, sec. 11.]
shall be guilty of an offence against this section , and shall be liable to the punish
ment hereinafter prescribed .
Taking pro
hibited fittings 9. The owner, agent, or master of any ship intended for the conveyance of Chinese
on board, or
refusal to remove emigrants to be embarked at any port or place out of the Colony who shall knowingly
the same.
[Ibid, sec. 12.] permit any prohibited fittings to be taken on board such ship, or to remain therein
ORDINANCE No. 5 OF 1974. 1343
Chinese Emigration.
after the same have been taken on board , or who shall refuse to remove forthwith any
fittings which the emigration officer shall have ordered to be removed , shall be guilty of
an offence against this Ordinance, and shall be liable to the punishment hereinafter
prescribed, and all such last mentioned fittings shall, in case of such refusal as aforesaid,
be seized and forfeited to the Crown as in the case of prohibited fittings.
10. If any such ship shall leave or attempt to leave the waters of the Colony Ship leaving
without certifi
cate or with
without the certificate required by paragraph 4, or shall leave or attempt to leave the prohibited
fittings.
waters of the Colony, having on board any prohibited fittings, or any fittings which the [Ibid, sec. 13.]
emigration officer shall have ordered to be removed , or any other fittings of a similar kind
and description, in every such case the master of such ship, and the owner or agent if
proved to have sanctioned such leaving or attempting to leave as aforesaid , shall be
deemed guilty of an offence against this section, and shall be liable to the punishment
hereinafter prescribed , and all such fittings shall be seized and forfeited to the Crown ,
whether the same be prohibited fittings or not.
11. If any person shall make or attempt to make any fraudulent use of a certificate Frandulent use
ofa certificate.
Ibid, sec. 14.
granted under this section, or shall forge, counterfeit, alter, or erase the whole or any
part thereof, or shall use or attempt to use any spurious or fraudulent certificate , the
person so offending, and every person aiding and abetting in such offence, shall be
liable to the punishment hereinafter prescribed .
12. All cases of violation or disobedience of, " or default in compliance with the Trial of offences.
Ibid, sec. 15.J
provisions of this section, may be heard and determined summarily by two Magistrates
sitting together, who shall constitute a Court for this purpose : Provided that if at
the close of the investigation , the accused shall apply for a trial by jury, or the
Magistrates shall be of opinion that the case ought to be so tried, they may commit
the accused for trial at the Supreme Court.
13. On conviction of such offences, the respective offenders shall be liable to the Punishments of
offences.
following punishments : [Ibid, sec. 16 !
(a.) For every offence against paragraphs 1 , 2, 3, 8 and 9 of this section , a
fine not exceeding five hundred dollars, and imprisonment with or
without hard labor for any term not exceeding six months, or either
of such punishments, at the discretion of the Court.
(b.) For every offence against paragraphs 10 and 11 of this section , a fine
not exceeding one thousand dollars, and imprisonment with or without
hard labor for any term not exceeding one year, or either of such
punishments, at the discretion of the Court.
Provided always that where a fine shall be imposed for any offence against paragraphs
10 and 11 , the Court may sentence the offender, in default of payment of such fine, to
imprisonment with or without hard labor for any term not exceeding one year in lieu
of such fine , and such imprisonment shall commence from the expiration of any term
.
of imprisonment to which the offender may have been sentenced in addition to the fine.
1344 ORDINANCE No. 5 OF 1874 .
Chinese Emigration.
Proceedings for 14. The Supreme Court and the said Court of Magistrates shall have full power
forfeiture of
fittings. and authority to hear and determine all cases of seizure of fittings , and upon proof of
Ibid, sec. 17.J
the legality of the seizure, to declare the said fittings to be forfeited to the Crown,
and no fittings seized under this section , shall be deemed to be forfeited to the Crown,
except under the sentence of one or the other of the said Courts.
Powers of Police
authorities. 15. Nothing in this section contained shall be deemed to affect any powers lawfully
[Ibid, sec. 18.] vested in a Superintendent or Inspector of Police.
Limitation of
actions, &c. 16. Any suit, or prosecution against any person for anything done in pursuance
Thid, sec. 19.] or execution or intended execution of this section shall be commenced within three
months after the thing done and not otherwise.
Notice in writing of every such suit and of the cause thereof shall be given to the
intended defendant one month at least before the commencement thereof.
In any such action the defendant may answer that the act complained of was
done in pursuance, or execution , or intended execution of this section, and give this
section and the special matter in evidence at any trial to be had thereupon .
The plaintiff shall not recover if tender of sufficient amends is made before action
brought, or if after action brought a sufficient sum of money is paid into Court by or
on behalf of the defendant.
If judgment is given for the defendant , or the plaintiff becomes nousuit, or
discontinues the action after an answer has been put in, the defendant shall recover
his full costs and shall have the like remedy for the same as any defendant has by law
for costs in other cases.
If judgment is given for the plaintiff, he shall not have costs against the defendant
unless the Judge before whom the trial is had certifies his approbation of the action.
Prosecution to 17. No proceeding shall be instituted for any offence against the provisions of
be by Attorney
General.
[Ibid, sec. 20.] this section, or for any forfeiture thereunder, except at the suit or prosecution of, or
with the consent of the Attorney General.
Rules as to Chinese emigrant ships.
Interpretation 15. In the construction of this section , if not inconsistent with the context, the
clause.
[Ordinance 5 following terms and expressions shall have the meanings hereinafter respectively
of 1873, sec. 2.]
-
assigned to them, that is to say :
* Building. " "Building," in relation to a ship, shall include the doing any act towards
or incidental to the construction of a ship, and all words having relation to
building shall be construed accordingly ;
*Equipping. " " Equipping, " in relation to a ship, shall include the furnishing a ship
with any tackle, apparel, furniture, provisions, arms, munitions, or stores,
or any other thing which is used in or about a ship for the purpose of fitting
or adapting her for the sea, and all words relating to equipping shall be
construed accordingly ;
"Ship and " Ship and Equipment, " shall include a ship and everything in or
Equipment."
Ibid, sec. 3. belonging to a ship.
ORDINANCE No. 5 OF 1874. 1345
Chinese Emigration.
Licences under
[ 2. No Chinese emigrant ship shall clear out or proceed to sea from this Colony unless this section.
the master of such ship shall be provided with a licence under this section . Repealed by
Ordinance No. 6 of 1879.]
Licence from
3. No person shall do any of the acts hereinafter specified in paragraph 8 of this Governor.
[Ibid, sec. 4.)
section , without a licence from the Governor, or unless the owner, agent, or master of
the ship in respect of which such act shall be done shall have obtained such licence.
Forin and
4. Every such licence shall be under the hand of the Governor and the public conditions of
licence.
seal of the Colony and the granting thereof shall be in the discretion of the Governor, [bud , sec. 5.1
and shall be subject to the payment of such fee to the Crown, and to such conditions
as may, in each particular case, be prescribed by the Governor in Council.
Mode of
5. Application for such licence shall be made in writing to the Colonial Secretary, application for
licence.
and shall be transmitted through the emigration officer, and the owner, agent, or Ibid, sec. 6.]
master of the [ Chinese emigrant : repealed by Ordinance No. 6 of 1879 ] ship in respect of
which such licence is applied for, shall furnish all particulars as to the destination of
the ship, and as to all matters relating to the intended voyage and emigration which
may be required of him.
Punishment
6. All such particulars shall, if so ordered , be certified upon oath before any Justice for furnishing
untrue
of the Peace, and every person who shall knowingly furnish untrue particulars shall be particulars.
Ibid , sec. 7.]
liable to imprisonment with or without hard labor, for any period not exceeding six
calendar months, and to a fine not exceeding one hundred dollars, either in addition
to or in substitution of such imprisonment.
Power to revoke
7. If it shall appear to the satisfaction of the Governor at any time before the and cancel
licence.
departure of a [ Chinese emigrant : repealed by Ordinance No. 6 of 1879 and new words [Ibid, sec. 8.)
substituted] ship :
(a.) That the particulars furnished in relation thereto are untrue ; or
(b.) That further particulars have been discovered since the granting of the
licence ; or
(c.) That any condition of the licence has been violated ,
It shall be lawful for the Governor in Council to revoke or vary the licence granted
under this section in respect of such [ Chinese emigrant : repealed by Ordinance No. 6 of
1879 ] ship and to order that the said ship be seized and detained until the said licence
be delivered up to be cancelled , or varied .
Building
8. If any person does any of the following acts within the Colony without having repairing,
equipping,
obtained a licence from the Governor under this section , or without any such licence despatching,
selling, hiring,
as aforesaid having been granted to the owner, agent, or master of the ship in respect &c., &c., with
out licence.
of which such act shall be done, or in contravention of the terms of any such licence if [Ibid, sec. 9.]
-
granted, that is to say :
(a.) Builds, alters or repairs, or agrees to build, alter or repair, or causes to
be built, altered or repaired, any ship , with intent or knowledge, or
having reasonable cause to believe that the same will be employed in
the conveyance of Chinese emigrants to be embarked at any port or
place out of the Colony ; or
1346 ORDINANCE No. 5 or 1874 .
Chinese Emigration.
The words in ´ (b. ) Fits out, mans , [ navigates , ] equips , [ uses, ] lets or takes on freight or hire
italics repealed
by Ordinance No.
6 of 1879.] any ship, [or commands, or serves on board any ship, ] with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or
[Do.] (c.) Despatches, or causes [ or allows] to be despatched any ship, with intent
or knowledge, or having reasonable cause to believe that the same will
be employed in manner aforesaid ; or
[Do.] (d.) [ Holds or takes any share or interest in, or] makes any advances of money
to any ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or
[Do.] (e.) Despatches or causes or allows to be despatched, or commands [ or serves
on board] any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place out of
the Colony for the purpose of being conveyed therefrom as emigrants
in the same or any other ship ; or
(
f) Being the master of [a Chinese emigrant : repealed by Ordinance No. 6 of 1879
and words substituted] ship clears out and proceeds to sea in such ship,
Penalty. Such person shall be deemed to have committed an offence against this section , and
the following consequences shall ensue :
(a.) The offender shall be liable to imprisonment with or without hard labor
for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punishments, at the discretion of
the Court ;
(b.) The ship in respect of which any such offence is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown.
Punishment of
accessories. 9. Any person who aids, abets, counsels, or procures the commission of any
[Ibid, sec. 10.] offence against this section , shall be liable to be tried and punished as a principal
offender.
Seizure, search, 10. The Governor upon being satisfied that there are reasonable grounds for
and detention of
suspected ships.
sec. suspecting that a ship within the waters of the Colony has been, or is being built,
altered, repaired , or equipped , or is about to be despatched and taken out to sea
contrary to the provisions of this section, or that any other offence against the said
provisions has been committed, rendering the said ship liable to forfeiture, may issue
a warrant in the form contained in schedule I to this Ordinance ; and upon such
warrant, the said ship may be seized and searched and detained until it has been
either condemned or released by process of law, or in the manner hereinafter
mentioned.
ORDINANCE No. 5 OF 1874 . 1347
Chinese Emigration.
11. Any officer so authorized to seize, search and detain any ship under this Powers of officers
authorized to
section may, for the purpose of enforcing such seizure, search and detention , call to seize ships.
[Ibid, sec. 12.}
his aid any constable or officers of police, and may apply for assistance to any officer
of Her Majesty's Army or Navy, or Marines, or to the Harbor Master, or any officer
having authority by law to make seizures of ships, and may put any persons on board
such ship to take charge of the same, and to enforce the provisions of this section , and
any officer so authorized as aforesaid, may use force, if necessary, for the purpose of
enforcing such seizure, search and detention, and if any person is killed , maimed,
hurt by reason of his resisting such officer in the execution of his duties , or any person
acting under his orders, or at his request , such officer so seizing, searching and detaining
the ship, or other person, shall be freely and fully indemnified as well against the
Queen's Majesty, Her Heirs and Successors, as against all persons so killed , maimed ,
or hurt.
12. The owner of the ship seized and detained under this section, or his agent , Petition to Court.
[ bid, sec. 14.]
may apply by petition to the Supreme Court for its release .
13. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the Citation of
owners.
owners or their agents in the Colony by a notice which may be in the form contained [Ibid, sec. 15.]
in schedule K to this Ordinance, to appear before the Supreme Court to show cause
why the said ship should not be condemned and forfeited to the Crown for breach of
the provisions of this section , and in case there shall be no owner of the said ship in
the Colony, nor any agent of such owner, the said notice shall be published twice in
the Gazette, and such publication shall be equivalent to personal service of the citation .
14. On the day appointed for the hearing of any petition for the release of the Proceedings
thereon.
ship, or for the appearance of the owners or their agents in the Colony in obedience to [Ibid , sec. 16.]
a citation to show cause why the same should not be forfeited, the Court shall proceed
to enquire into the matter and to make such orders as may be necessary to put the
matter of the seizure and detention of the ship in course of trial between the owner
and the Crown .
The Court may, if it shall think fit, direct a written statement or answer or any
additional pleading to be filed , and may, in its discretion , receive evidence orally or by
affidavit, or partly orally and partly by affidavit, and may determine all questions of
fact as well as of law, or may, of its own motion , or on the application of either party,
direct a jury to be empanelled for the determination of any question of fact.
The Court may frame issues of law and of fact, aud generally may exercise the
same powers and authorities as on the trial of any other suit, cause, or matter, within
its ordinary jurisdiction .
The Court may also, during or before the said proceedings, grant warrants for
the entering and searching of any ship or tenement within the jurisdiction, and the
seizure of any papers or documents which may be found therein respectively, or may
summon any person to appear before the Court, and to produce any papers and
documents and may interrogate such persons on oath touching the subject matter of
the inquiry.
•
1348 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
Evidence of 15. Whenever any person shall have been convicted before the Supreme Court of
convictions.
[Ibid, sec. 17.] an offence against this section , the evidence taken upon the trial of such offender shall
Regulations as be received in evidence in any proceedings instituted for the forfeiture or release of
to proceedings
against the the ship in respect of which such offence shall have been committed ; but it shall not
offender and
against the ship. be necessary to take proceedings against an offender because proceedings are instituted
for the forfeiture, or to take proceedings for the forfeiture because proceedings are
taken against the offender.
Burden of proof. 16. The fact of a ship being apparently fitted and equipped, or in course of being
Ibid, sec. 18.)
fitted and equipped within the waters of the Colony for the conveyance of Chinese
emigrants shall , if the owner, agent or master shall not have obtained a licence from
the Governor under this section, or under section 5 of this Ordinance, be primâ facie
evidence that such ship is intended for the conveyance of Chinese emigrants to be
embarked at some port or place out of the Colony.
Release of ship 17. If on the hearing of the said proceedings for the forfeiture or release of a ship
by the Court.
[Ord. 5 of 1873, seized under this section , it shall be established to the satisfaction of the Court that
sec. 19, and Ord.
10 of 1873, sec. 1. ] the offence charged has not been committed in respect of such ship against the pro
visions of this section rendering such ship liable to forfeiture, the ship shall be released
and restored to the owners thereof or their agents.
Condemnation 18. If on the hearing of the proceedings, it shall be established to the satisfaction
of ship.
Ord. 5 of 1873, of the Court that the offence charged has been committed in respect of such ship
sec. 20, & Ord. 10
of 1873, sec. 2.] rendering the same liable to forfeiture under this section , the Court shall declare such
ship to be forfeited to the Crown .
Penalty in lieu 19. It shall be lawful for the Court to impose such a pecuniary penalty as to the
offorfeiture.
[Ord. 5 of 1873, Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship
sec. 21.1
to be detained until the penalty is paid, and to cause any penalty so imposed to be
applied in the same manner in which the proceeds of the said ship, if condemned by
order of the Court and sold, would have been applicable.
Costs. 20. The costs of all proceedings for the forfeiture or release of a ship, shall be in
[Ibid, sec. 22.]
the discretion of the Court.
Indemnity. 21. If the Court be of opinion that there was not reasonable and probable cause
bid, sec. 23.1
for the seizure or detention , and if no such cause appear in the course of the proceedings,
the Court shall have power to declare that the owner is to be indemnified by the pay
ment of costs and damages in respect of the seizure or detention, the amount thereof
to be assessed by the Court, and any amount so assessed shall be payable by the
Treasury out of the general revenues of the Colony .
Sale of forfeited 22. Every ship forfeited to the Crown for breach of the provisions of this section
ship.
[Ibid, sec. 24.) may be sold by public auction or private contract, and may be transferred to the pur
chaser by bill of sale under the hand of the Governor, and the seal of the Colouy, and
the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the
Crown.
ORDINANCE No. 5 OF 1874. 1349
Chinese Emigration.
23. The Governor may, at any time, release any ship seized and detained under Release of ship
by Governor.
this section, notwithstanding her forfeiture by the sentence of the Supreme Court, on [Ibid, sec 13.
the owner or agent giving security to the satisfaction of the Governor that the ship
shall not be employed contrary to this section , or may release the ship without such
security if the Governor think fit so to release the same.
24. Subject to the provisions of this section providing for the award of damages Indemnity to
officers.
(Ibid, sec. 25.)
in certain cases in respect of the seizure or detention of a ship by the Court, no
damages shall be payable, and no public officer, or other person acting under his order
or at his request, shall be responsible, either civilly or criminally, in respect of the
seizure or detention of any ships in pursuance of this section .
25. No proceedings , other than the issue of a warrant for the seizure of a ship, Prosecution to
be by Attorney
General.
or for the apprehension of an offender, shall be instituted for any offence against the [Ibid, sec. 26.)
provisions of this section, except at the suit or prosecution of, or with the consent of
the Attorney General.
PART III.
MISCELLANEOUS .
Repealing clause.
16. The following Ordinances and sections of Ordinances are hereby repealed : --- Rep ealing clause
Ordinance 9 of 1856, ...... ...Section 3
39 11 of 1857,
The whole.
99 6 of 1859, ..... }
"" 1 of 1862, ...Section 27.
99 12 of 1868,
39 4 of 1870,
"" 8 of 1871,
13 of 1872,
33
The whole.
99 3 of 1873,
99 5 of 1873,
99 10 of 1873,
"" 3 of 1874,
But this repeal shall not revive any enactment repealed by any of the said Ordinances
or sections, and shall not affect :
(a.) Anything duly done before this Ordinance comes into operation ;
(b.) Any right acquired or liability accrued before this Ordinance comes into
operation ;
(c.) Any penalty, forfeiture, or other punishment incurred or to be incurred
in respect of any offence committed before this Ordinance comes into
operation ;
(d.) The institution of any legal proceeding, or any other remedy for
ascertaining, enforcing or recovering any such liability, penalty,
forfeiture or punishment as aforesaid .
1350 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
Forms.
Forms. 17. The forms given in the schedules hereto, or forms to the like effect with such
variations and additions as circumstances require, may be used for the purposes therein
indicated and according to the directions therein contained , and instruments in those
forms, shall (as regards the form thereof) be valid and sufficient.
SCHEDULES .
(A. )
Form of emigration passage broker's annual bond, with two sureties to be approved by the
emigration officer, under section 6, paragraph 1.
KNOW ALL MEN by these presents, that we 4* B of, &c., C D
of, &c., and E F of, &c., are held and firmly bound unto Her Most
Gracious Majesty Queen Victoria, in the sum of five thousand current dollars, to be paid to Her said
Majesty, Her Heirs and Successors ; to which payment well and truly to be made we bind ourselves,
and every of us jointly and severally, our heirs, executors, and administrators, and the heirs, executors,
and administrators of each of us, and each and every of them, firmly by these presents, sealed with our
seals.
Dated this day of in the year one thousand eight hundred and
WHEREAS by the “ Chinese Emigration Consolidation Ordinance, 1874," it is amongst other things
enacted ; that no person whatever shall carry on the business of a passage broker in Hongkong, in
respect of any emigrant ship, or shall be in anywise concerned in the sale or letting of passages in any
such ship, unless such person , with two good and sufficient sureties to be approved of by the emigration
officer, shall have previously entered into a joint and several bond to Her Majesty, Her Heirs and
Successors, in the sum of five thousand current dollars : And whereas the said C. D. and E. F. have
been approved of by the emigration officer as sureties for the said A. B.
Now the condition of this obligation is, that if the above bounden A. B. shall well and truly
observe and comply with all the requirements of the said recited Ordinance, so far as the same relate to
passage brokers ; and further, shall well and truly pay all fines, forfeitures, and penalties,—and also all
sums of money, by way of subsistence money, or of return passage money, and compensation to any
passenger, or on his account,-and also all costs which the above-bounden A. B. may at any time be
adjudged to pay, under or by virtue of any of the provisions of the above recited Ordinance, or of the
Act of the Imperial Parliament 18th and 19th Victoria, cap. 104, intituled " An Act for the Regulation
of Chinese Passenger Ships ; " then, and in such case, this obligation to be void ,-otherwise to remain
in full force.
Signed, sealed, and delivered , by the above-bounden A. B., C. D., and E. F., in the presence of.†
* Insert personal and family names in full, with the cccupation and address of each of the parties.
Insert the names and addresses in full of the witnesses.
(B.)
Form of emigration passage broker's licence, under section 6, paragraph 2.
A. B. of having shown to the satisfaction of me, the undersigned, that he hath given
bond to Her Majesty, as by the " Chinese Emigration Consolidation Ordinance, 1874," required : I,
the undersigned, do hereby license and authorize the said A. B. to carry on the business of a passage
broker in Hongkong, in respect of passengers on board emigrant ships proceeding from Hongkong, until
the end of the present year, and fourteen days afterwards, unless this licence shall be sooner determined
by forfeiture for misconduct on the part of the said A. B. as in the aforesaid Ordinance is provided.
Given under my hand and seal this day of one thousand eight hundred and
Signature, (L.S.)
Emigration Officer.
* The personal and family names in full of the person applying for the licence, with his address and trade or occupation
must be correctly inserted.
ORDINANCE No. 5 OF 1874. 1351
Chinese Emigration.
(C.)
Form of Notice to be given to the emigration officer offorfeiture of a licence, under
section 6, paragraph 2.
SIR,-This is to give you notice, that the licence granted on the day of
187 to A. B. of * to act as an emigration passage broker, was on the day of
now last past duly declared by me (or us), the undersigned Justice (or Justices) of the
Peace to be forfeited.†
Signatures,
Place and date 187 .
To the EMIGRATION OFFICER,
Victoria, Hongkong.
The personal and family names in full, with the address and trade or occupation of the party, to be here inserted.
+ Here state severally the reasons of forfeiture.
(D. )
Form ofcontract passage ticket, under section 6, paragraph 5.
I hereby engage that the Chinese named at foot hercof shall be provided with a passage to, and
shall be landed at, the port of in 9 in the ship or vessel called the “
with not less than 72 cubic feet and 12 superficial feet for - berth accommodation (or in case of ships
under section 8, 54 cubic feet and 9 superficial feet), and shall be victualled according to schedule
A to " The Chinese Passengers' Act, 1855," annexed , during the voyage, and the term of detention at
any place before its determination, for the sum of dollars, and I hereby acknowledge to have
received the sum of dollars in full payment.
Male. Female.
Name and Surname of Native Place, Village
Passenger. Occupation. and District.
Age. Age.
Signature,
Passage Broker.
Victoria, Hongkong, the day of 187 .
I hereby certify, that I have explained and registered the above contract passage ticket.
Signature,
Emigration Officer.
Victoria, Hongkong, the day of 187
(E. )
Regulations referred to in paragraph 1 ofsection 8 respecting Chinese passenger ships,
1. No ship shall clear out or proceed to sea unless the master thereof shall have received from an No shipto depart
without certificate.
emigration officer a copy of these regulations and a certificate in the form contained in schedule G
annexed thereto, nor until the master shall have entered into the bond prescribed by section 4 of " The
Chinese Passengers ' Act, 1855. "
1352 ORDINANCE No. 5 OF 1874.
Chinese Emigration.
Application for 2. No emigration officer shall be bound to give such certificate till seven days after receiving an
Salin
application in writing for the same from the owners or charterers of the ship, or if absent, from their
respective agents, specifying the name of the ship, her tonnage, the port of destination , the proposed
day of departure, the number of passengers intended to be carried, and whether such passengers or any
of them are under contracts of service.
Inspection of ship. 3. After receiving such application , the emigration officer and any person authorized by him in
that behalf shall be at liberty at all times to enter and inspect the ship, and the fittings, provisions and
stores therein, and any person impeding such entry or inspection, or refusing to allow of the same,
shall be liable to a fine not exceeding one hundred dollars for each offence.
Accommodation 4. The following conditions as to the accommodation of passengers shall be observed to the
of passengers.
satisfaction of the emigration officer :—
Ventilation, space 1. The space appropriated to the passengers between decks shall be properly ventilated, and
and height between
decks. shall contain at the least 9 superficial and 54 cubical feet of space for every adult on board ;
that is to say, for every passenger above twelve years of age, and for every two passengers
between the ages of one and twelve years. The height between decks shall be at least six
feet.
Male and female 2. The accommodation for female passengers between decks shall be separate from that
passengers.
provided for male passengers .
Space on upper 3. A space of four superficial feet per adult shall be left clear on the upper deck for the use of
dork.
the passengers .
Sick bay, &c. 4. A reasonable space shall be set apart properly divided and fitted up as a sick bay, and
sufficient latrines, both as to condition and number, shall be provided in suitable parts of
the ship.
Deck passengers. 5. The emigration officer may, in his discretion , permit deck passengers to be carried , upon such
conditions, as may, from time to time, be prescribed under instructions from one of Her Majesty's
--
Principal Secretaries of State, and until and subject to such instructions, upon the conditions following :
Awning. 1. A suitable awning with screens shall be provided on deck, sufficient for the protection of the
passengers from the sun and from rain.
Space. 2. The space appropriated to such deck passengers shall contain at the least sixteen superficial
feet for every adult, that is to say, for every passenger above twelve years of age, and for
every two passengers between the ages of one and twelve.
Reserved space. 3. In case deck passengers shall be carried in addition to other passengers for whom accom
modation between decks shall be provided , the space to be appropriated for deck passengers
shall be reckoned exclusively of the space of four superficial feet per adult required to be
left clear on the upper deck for the use of such other passengers.
Provisions. 6. The following conditions as to provisions shall be observed to the satisfaction of the emigration
officer :--
Scale. 1. Provisions, fuel and water shall be placed on board of good quality, properly packed and
sufficient for the use and consumption of the passengers, over and above the victualling
of the crew during the intended voyage, according to the following scale :
For every passenger per diem :
not less than
Rice or bread stuffs, ……………… Ibs. 11
and
Dried or salt fish, ....... ……………. 99 01
Chinese condiments and curry stuff,.... …………….... 0%. 1
Fresh vegetables, which will keep for short voyages, such as sweet Į Hbs. 1
potatces, turnips, carrots, and pumpkins,
Firewood, ……………... 19
Water (to be carried in tanks or sweet casks) ,…………………………. ……………………………. gallon 1
ORDINANCE No. 5 CF 1874. 1353
Chinese Emigration.
2. The last preceding condition as to provisions shall be deemed to have been complied with, Articles of food
mentioned in scale
may be varied.
in any case where by the special authority of the emigration officer, any other articles of
food shall have been substituted for the articles enumerated in the foregoing scale, as being
equivalent thereto .
3. The passengers may supply their own provisions for the voyage and proper accommodation Passengers' own
supplies.
for the stowage, and sufficient cabooses for the cooking of such provisions must be allowed.
7. The emigration officer shall not give his certificate unless he shall be satisfied :— Contents of
ertificate.
1. That the ship is sea-worthy, and properly manned, equipped , fitted, and ventilated ; and has
not on board any cargo likely, from its quality, quantity, or mode of stowage, to prejudice
the health or safety of the passengers.
2. That suitable medicines and medical stores, provisions, fuel and water have been placed on
board, of good quality, properly packed and sufficient in quantity to supply the passengers
on board during the intended voyage.
3. That all the requirements of section 8 of this Ordinance have been complied with.
Power to withhold
8. The emigration officer may, in his discretion, (subject in Hongkong to an appeal to the Governor) certificate.
withhold his certificate in all cases where the intended passengers or any of them are under contracts
of service, and he shall in no case give his certificate until he shall have mustered the passengers, and Examination of
passengers and of
contracts, if any.
have ascertained to the best of his power that they understand whither they are going, and in case they
shall have made any contracts of service that they comprehend the nature thereof ; he shall also take
care that a copy of the form of any such contracts, or an abstract of their substance, signed by himself,
is appended to the said certificate : if any of the passengers are in bad health, or insufficiently provided
with clothing, or if any such contracts are unfair, or if there is reɛsɔn to suspect that fraud or violence
have been practised in their collection or embarcation , he may detain the ship, and , if he shall think fit,
may order all or any of the passengers to be re-landed.
9. The emigration officer may, if he shall think fit, before granting his certificate, employ any duly Emigration officer
may employ
medical men,
qualified medical practitioner, master mariner, marine surveyor, or other person whose professional marine surveyors,
and others.
assistance and advice he may require for the purpose of ascertaining whether the requirements of scction
8 of this Ordinance have been duly complied with, and the costs and charges of obtaining such assistance
and advice, shall be defrayed by the owners or charterers of the ship, whether the emigration officer
0
shall grant his certificate or not.
10. The emigration officer shall, from time to time, fix a reasonable scale of fees and charges to be Feesofprofessional
persons employed.
approved by one of Her Majesty's Principal Secretaries of State, for the remuneration of any professional
persons who may be employed by him under the last preceding regulation , and pending the approval or
disapproval of such scale, the fees and charges therein specified shall be payable, as if the same had
been approved in manner aforesaid.
11. The owners or charterers of every ship shall pay such fees for the remuneration of the emigration Feescerof cmigration
of .
officer, as may, from time to time, be ordered under instructions from one of Her Majesty's Principal
Secretaries of State, and until and subject to such instructions, the following fees shall be payable in
addition to all fees chargeable under regulation 10 : —
Upon the application for a certificate, ....... . $25
Upon the granting of the certificate,………………. ..$25
Provided always that no fecs shall be payable to the emigration officer of Hongkong, but in lieu thereof
the following stamp duties are hereby imposed , that is to say :
Upon every application for a certificate under article 2 of the regulations
contained in schedule B of the said Ordinance, a stamp duty of.........$ 1
Upon every certificate granted under article 1 of the said regulations, a
stamp duty of............. ……………………………………….. $ 1
And " The Stamp (Amendment) Ordinance, 1868 ," shall be read as if the , stamp duties hereby imposed
were inserted in the schedule thereof.
12. In case default shall be made by the owners or charterers of the ship in the payment of any Power to detain
ship for non
fees and charges to which they may be liable under section 8 of this Ordinance, the ship may be detained payment of fees.
by the British Consul, or if in Hongkong by the Governor, until such fees and charges shall have been
paid.
1354 ORDINANCE No. 5 OF 1874 .
Chinese Emigration.
In case of false 13. The emigration officer may withold his certificate or revoke the same at any time before the
particulars, ship
may be detained departure ofthe ship , if it shall appear to his satisfaction that any particulars contained in the application
and certificate
eancelled.
in writing which shall have been made for the same or any other particulars which may have been
furnished to him by or on behalf of the owners, charterers, or master of the ship in relation thereto, are
untrue, and that the conditions of section 8 of this Ordinance have not been complied with ; and in
every such case it shall be lawful for the British Consul, or if in Hongkong for the Governor, to seize
and detain the ship until the certificate, if already granted , shall have been delivered up to be cancelled.
Treatment of 14. The master of every British ship shall, during the whole of the intended voyage, make issues of
Jassengers at sea.
provisions, fuel and water, according to the aforesaid dietary scale, to all the passengers except such as
shall have supplied themselves therewith, and shall not make any alteration except for the manifest
advantage of the passengers, in respect of the space allotted to them as aforesaid , or in respect of the
means of ventilation, and shall not ill-use the passengers, or require them (except in case of necessity)
to help in working the vessel ; and shall issue medicines and medical comforts, as shall be requisite, to
the best of his judgment, and shall call at such ports as may be mentioned in the emigration officer's
clearing certificate for fresh water and other necessaries ; and shall carry the passengers without
unnecessary delay to the destination to which they have contracted to proceed.
Production of 15. The master of every British ship shall, within 24 hours after his arrival at the port of destination
emigration papers
at port of and at any port of call , produce his emigration papers to the British Consul (if any) at such port, or in
destination.
case such port shall be in Her Majesty's dominions to any officer appointed or authorized by the Local
Government in that behalf. It shall be lawful for such Consul or other officer to enter and inspect such
ship, and in case the master shall obstruct or refuse to assist him in the discharge of such duty, or shall
without reasonable cause fail to produce his emigration papers as aforesaid , he shall be liable to a fine
of five hundred dollars, and the ship may be detained by the British Consul, or if in Her Majesty's
dominions, by the Local Government, until such fine shall have been paid and the emigration papers
shall have been given up.
British Consul 16. In all ports and places where no emigration officer shall have been appointed , the British Consul
deemed emigration
officer where no shall, until such appointment, and at all times pending the vacancy of such office, be deemed to be the
such officer is
appointed. emigration officer for the purposes of these regulations.
(F. )
Under section 8, paragraph 2.
FOR STEAMERS
Whose steam power shall be sufficient without the aid of sails to propel them at the
rate of five statute miles in the hour.
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any port in Formosa,
to
Calcutta. Labuan.
Pegu. Sarawak.
Sumatra. Manila.
Java. Bangkok.
The Straits Settlements. Japan.
FOR SAILING VESSELS
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any port in Formosa ,
to
From October to March, both inclusive. From April to September, both inclusive.
Sumatra. Labuan.
Java. Manila.
The Straits Settlements. Bangkok.
Labuan.
Manila.
Bangkok.
ORDINANCE No. 5 OF 1874 . 1355
Chinese Emigration.
(G. )
Emigration officer's certificate, under section 8.
I , [ A. B.] , &c., emigration officer at the port of do hereby certify as follows :
1. That the Chinese passenger ship • A. B., master, of the port of
is within the provisions of section 8 of an Ordinance of the Legislature of Hongkong,
entitled " The Chinese Emigration Consolidation Ordinance, 1874," and that the said
ship is authorized to proceed to sea from the port of
for the port of
2. That the said ship is authorized to carry adults and that there are on board
passengers [ if any are deck passengers add : of whom are
deck passengers ] , making in all adults, namely: men, women,
male children, female children, such children being between the
ages of one and twelve years.
3. That the space set apart and to be kept clear for the use of such passengers is as follows :
On the upper deck superficial feet being [describe space ] and in the between
decks superficial feet being [ describe spacej .
4. That the ship is sea-worthy, and properly manned , equipped, fitted, and ventilated ; and
has not on board any cargo likely, from its quality, quantity, or mode of stowage to
prejudice the health or safety of the passengers. The means of ventilating the passengers'
accommodation between decks are as follows : [ describe means ].
5. That suitable medicines and medical stores, provisions, fuel and water have been placed on
board, of good quality, properly packed and sufficient in quantity to supply the passengers
on board during the intended voyage.
6. That all the conditions and requirements of the said section have been duly complied with.
7. That the aforesaid passengers [or in case of a part only, state the number,] are emigrants
under contracts of service and that I have inspected the contracts between them and their
intended employers (the terms of which are annexed to this certificate) and consider them
reasonable ; and that no fraud appears to have been practised in collecting such emigrants.
8. That the master of the ship is to put into for water and fresh vegetables.
A. B. ,
Emigration officer at the
port of
Dated the day of
187 S
N.B. Where none of the passengers are emigrants under contracts of service the following paragraph
shall be substituted for paragraph 7.
"7. That the whole of the said passengers are free passengers under no contract of service
whatever."
(H.)
Emigration officer's certificate, under section 14.
I, ( .1.B.) , emigration officer of Hongkong, do hereby certify, that I have inspected the fittings of
the 66 ," of which is master, bound for
ship
" and that there are no prohibited or objectionable fittings on board.
A. B.
Dated at Hongkong, the day of 187
(I.)
Hongkong Form of warrant, under paragraph 10 of section 15.
to wit. } To
Whereas it has been made to appear to my satisfaction that there are reasonable grounds for suspect
ing that an offence has been committed against the provisions of the above section in respect of the ship
" now lying in the waters of this Colony, rendering the said ship liable to forfeiture,—
1356 ORDINANCES Nos . 5 AND 6 OF 1874.
Chinese Emigration. Revenue.
This is therefore to command you in Her Majesty's name forthwith to seize the said ship wherever
she may be lying within the waters of this Colony, and to search the said ship and her equipment, and
to detain the same in your charge and custody until the forfeiture or release thereof, according to law,
for which this shall be your warrant.
Given under my hand and the seal of the Colony, this day of
in the year of our Lord, 187 •
L. S.
Governor and Commander in Chief, &c.
(K.)
Form of citation, under paragraph 14 of section 15.
IN THE SUPREME COURT OF HONGKONG.
The day of 187 .
In re The "
Take notice that under and in pursuance of " The Chinese Emigration Consolidation Ordinance, 1874,"
you are hereby cited to appear before the Supreme Court on the day of
to show cause why the above-named ship and her equipment should not be forfeited to the Crown for
breach of the provisions of the said Ordinance.
To the owners of
the ship 66
or their agents.
[ Repealed by Ordinance No. 1 of 1889. ]
NOTE .- For Government Notification as to fees under clause 11 of schedule E, see
Gazette 22nd December, 1883.
For Government Notification cancelling the last notification and imposing new
fees, see Gazette 15th March, 1884.
For Government Notification as to fees under clauses 9 and 10 of schedule
E, see Gazette 17th July, 1884.
For Government Notification cancelling the last notification and altering fees,
see Gazette 6th September, 1884.
No. 6 of 1874 .
Title. An Ordinance to apply a Sum not exceeding Seven hundred and Thirty
thousand Dollars to the Public Service of the Year 1875 .
[ 16th November , 1874. ]
Preamble. HEREAS the expenditure required for the service of this Colony for the year
WH 1875, has been estimated at the sum of seven hundred and twenty- nine
thousand nine hundred and seventy-five dollars and sixty cents : Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
Estimates, 1875. 1. A sum not exceeding seven hundred and thirty thousand dollars shall be, and
the same is hereby charged upon the revenue of this Colony for the service of the year
1875, and the said sum so charged shall be expended as hereinafter specified ; that is to
say :-
ORDINANCE No. 6 or 1874. 1357
Revenue.
ESTABLISHMENTS :- $
Governor, ..... ...... 740.00
Colonial Secretary, 7,880.00
Colonial Treasurer, 3,072.00
Auditor General, 14,799.00
Clerk of Councils, .... 100.00
Surveyor General, 21,062.00
Postmaster General, 27,486.00
Registrar General , …………………….. 10,198.00
Harbor Master, 26,954.00
Light Houses , ... 6,428.00
Collector of Stamp Revenue, 4,078.00
Judicial, ........
.... 20,180.00
Official Trusteo, ..... 960.00
Registrar of Companies, 192.00
Ecclesiastical, 1,230.00
Educational, ……….. 17,376.00
Medical, ....... 16,200.00
Police Magistrates, 6,100.00
Police, 150,478.80
Gaol, 16,694.00
Fire Brigade, ..…………….. 8,112.00
Government Gardens, 4,660.80
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, 1,700.00
Surveyor General , .... 720.00
Postmaster General, ..... 4,640.00
Registrar General , 50.00
Harbor Master, ... 60.00
Judicial, .... 200.00
Educational , 4,620.00
Medical, .... 18,870.00
Police Magistrates, 390.00
Police,...... 36,925.00
Gaol, ... 15,000.00
Charitable Allowances ,...... 3,300.00
Transport, .... 4,500.00
Works and Buildings, ..... 102,000.00
Roads, Streets and Bridges, 37,220.00
Light Houses, ..... 2,000.00
Miscellaneous Services,..... 36,800.00
Military Contribution ,.. 96,000.00
TOTAL,......... $729,975.60
[ Repealed by Ordinance No. 4 of 1887.]
1358 ORDINANCE No. 7 OF 1874 .
Foreign Recruiting.
No. 7 of 1874.
Title. An Ordinance to control recruiting in the Colony of Hongkong,
for the service of Foreign States.
[ 16th November, 1874. ]
Preamble. HEREAS it is expedient that the Governor in Council should
exercise full control over recruiting in this Colony for the service
of Foreign States : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :--
Short title. 1. This Ordinance may be cited for all purposes as " The Foreign
Commence Recruiting Ordinance , 1874 " : and shall come into force on the passing
ment.
thereof.
Interpreta 2. In this Ordinance ,
tion clause.
" Foreign "Foreign State " includes any person or persons exercising or
State."
assuming to exercise the powers of Government in or over any country,
colony, province, or people beyond the limits of this Colony.
Power to 3. If any person is, within the limits of this Colony, obtaining or
prohibit or
permit re attempting to obtain recruits for the service of any Foreign State in any
cruiting.
capacity, the Governor in Council may, by order in writing signed by
the Colonial Secretary, either prohibit such person from so doing, or
permit him to do so subject to any conditions which the Governor in
Council thinks fit to impose.
Power to 4. The Governor in Council may, from time to time, by general
impose con
ditions. order notified in the Government Gazette, either prohibit recruiting for the
service of any Foreign State , or impose upon such recruiting any conditions
which he thinks fit.
Power to 5. The Governor in Council may rescind or vary any order made
rescind or
vary orders. under this Ordinance in such manner as he thinks fit.
Offences. 6. Whoever, in violation of the prohibition of the Governor in
Council, or of any condition subject to which permission to recruit may
have been accorded :
(a.) Induces or attempts to induce any person to accept or
agree to accept or to proceed to any place with a view to
obtaining any commission or employment in the service
of any Foreign State ; or
ORDINANCES No. 7 OF 1874 AND No. 1 OF 1875 . 1359
Foreign Recruiting. Naval Yard Police.
(b. ) Knowingly aids in the engagement of any person so induced ,
by forwarding or conveying him or by advancing money
or in any other way whatever, —
shall be liable to imprisonment for any period not exceeding seven years ,
or to fine to such amount as the Court thinks fit, or to both .
7. Any offender against this Ordinance shall be tried before the Place of Trial.
Supreme Court.
No. 1 of 1875 .
An Ordinance to provide means for enforcing good order, and Title.
discipline in the Police Force employed in the Royal Naval
Yard.
[March 18th, 1875. ]
Preamble.
HEREAS it is expedient to provide means for enforcing good order
WHI
and discipline in the Police Force employed in the Royal Naval
Yard at Hongkong : Be it enacted by the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
Rules and
1. The Commodore , or other Superintendent of Her Majesty's Naval
regulations
Yard [ Amended by Ordinance No. 3 of 1879 ] may from time to time inay be made.
make and issue rules and regulations for the government of the Police
Force employed in the said Yard.
2. In case of breach of discipline or neglect of duty by any member Power to the
Commodoreor
of the said Police Force, the Commodore, or other Superintendent of the other Superin
tendent to
Naval Yard [ Amended by Ordinance No. 3 of 1879 ] may, on proof thereof punish for
breach of
to his satisfaction, order the offender to forfeit and pay a sum not exceed discipline.
ing twenty-five dollars ;
Or may award imprisonment in Victoria Gaol for any term not
exceeding seven days with forfeiture of pay ;
Or, if he think fit, may bring the offender before a Magistrate,
and the Magistrate on proof of the offence may award
imprisonment for any term not exceeding fourteen days
with or without hard labor, together with forfeiture of all
pay during such imprisonment.
1360 ORDINANCES Nos. 1 AND 2 OF 1875 .
Naval Yard Police. Protection of Women - Emigration Abuses.
Penalties for
other offences. 3. Whenever any member of the said Police Force shall be guilty
of any neglect or violation of duty in his office ;
1
Or shall be guilty of any disobedience to the rules , or regulations
made and issued by the Commodore, or other Superin
tendent ofthe Naval Yard [ Amended by Ordinance No. 3 of
1879. ]
Or of any other misconduct as a member of the said Police
Force ;
Or having duly engaged himself to serve in the force shall
desert therefrom. :;
a
Or, being permitted to resign, shall not, upon ceasing to belong
to the force, deliver up all arms, accoutrements and appoint
ments whatsoever entrusted to him for the performance of
his duty ;
He shall, upon conviction thereof in a summary way before a Magistrate ,
be liable to forfeit and pay a sum not exceeding two hundred dollars , or
to be imprisoned with or without hard labor for any term not exceeding
six months, together with forfeiture of all pay during such imprisonment.
Rules and 4. The Commodore or other Superintendent of the Naval Yard
regulations
to be laid [Amended by Ordinance No. 3.of 1879], shall cause all such rules and
before the
Legislative regulations to be forthwith sent to the Governor to be laid before the
Council.
Legislative Council at its next sitting.
Short title. 5. This Ordinance may be cited for all purposes as " The Naval
Yard Police Ordinance , 1875."
NOTE.-Extended to all Naval Establishments on shore by Ordinance No. 3 of 1879.
No. 2 of 1875 .
Title. An Ordinance for the better Protection of Chinese Women and Female
[Made applicabl
to women and e
children whether Children, and for the Repression of certain Abuses in relation to
of Chinese origin
or not, see Ord. Chinese Emigration .
No. 7 of 1887,
see also No. 9 of
1887.] [March 18th, 1875. ]
Preamble. HEREAS it is expedient to make better provision for the punishment of persons
W guilty of selling, purchasing, or decoying into the Colony, or unlawfully
detaining therein Chinese women and female children for the purpose of prostitution ,
ORDINANCE No. 2 of 1875 . 1361
Protection of Women- Emigration Abuses.
and of decoying Chinese into or away from this Colony for the purpose of emigration ,
or for any other purpose whatsoever : Be it enacted by the Governor of Hongkong,
--
with the advice of the Legislative Council thereof, as follows :
1. The Ordinance No. 6 of 1873 is hereby repealed, but such repeal shall not Repeal.
affect :
-:
1. Any punishment incurred or to be incurred for any offence committed
Lefore this Ordinance comes into operation.
2. Any proceedings for enforcing such punishment or prosecuting the offender ;
and all such proceedings may be had and taken as if the said Ordinance
were still in force.
2. Whosoever shall bring, lead , take, decoy, or entice into the Colony any woman Abduction of
a woman or
female child
or female child with intent to sell her for the purpose of prostitution, or shall sell or with intent, &c.
purchase any woman or female child for the purpose aforesaid , or shall knowingly
derive any profit from the sale or purchase of any woman or female child so sold or Selling or
purchasing.
purchased as aforesaid, shall be guilty of a misdemeanor, and on conviction thereof,
shall be liable to the punishments hereinafter provided.
3. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman Bringing into
the Colony
or female child knowing that such woman or female child has been sold or purchased women or child
ren knowing
them to have
for the purpose of prostitution, shall be guilty of a misdemeanor, and on conviction been sold for
prostitution.
thereof shall be liable to the punishments hereinafter provided.
4. Whosoever shall detain any woman or female child in any place against her Detaining a
woman or feirale
will with the intent that she may become a prostitute, or for any other purpose child for purpose
of prostitution.
whatsoever, or shall by any false pretences, false representations, or other fraudulent
means procure any woman or female child to have illicit carnal connection with any
man, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to the
punishments hereinafter provided .
5. Whosoever shall receive , or harbor any woman or female child with intent that Receiving or
harboring with
such woman or female child should be sold or purchased for the purpose of prostitution , intent, &c.
shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to the pun
ishments hereinafter provided.
6. Whosoever shall receive or harbor any woman or female child knowing that Receiving or
harboring
women or
such woman or female child has been sold or purchased whether within the Colony or children know
ing them to
elsewhere for the purpose of prostitution shall be guilty of a misdemeanor, and on have been sold
for prostitution.
conviction thereof, shall be liable to the punishments hereinafter provided.
7. Whosoever shall by force or fraud imprison or detain any person within the Unlawful im
prisonment or
detention.
Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be
guilty of a misdemeanor, and on conviction thereof, shall be liable to the punishments
hereinafter provided.
8. Whosoever shall by force, intimidation, or any fraudulent means bring, lead, Decoying
persons into
take , decoy , or away from
or entice any person into or away from the Colony, for the purpose of the Colony.
emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanor,
and on conviction thereof, shall be liable to the punishments hereinafter provided .
1362 ORDINANCES Nos . 2 AND 3 OF 1875 .
The Protection of Women -Emigration Abuses. False Personation.
Punishment 9. Every person who shall be convicted of any offence against the provisions of
for offences.
this Ordinance shall be liable to be imprisoned for any term not exceeding two years
with or without hard labor.
Trial of offences. 10. All offences against this Ordinance, may be heard and determined summarily
[As to powers of
one Magistrate by two Magistrates sitting together, who shall constitute a Court for this purpose :
see Ord. No. 8
of 1889.]
Provided that if, at the close of the investigation , [ the accused shall apply for a trial by
jury, or: Repealed by Ordinance No. 8 of 1889] the Magistrates shall be of opinion that
the case ought to be so tried, they may commit the accused for trial at the Supreme
Court.
Summary 11. The provisions of section 66 of Ordinance No. 4 of 1865 shall apply to every
convictions.
summary conviction under this Ordinance.
Punishment of 12. Whenever any person shall be convicted before the Supreme Court of any
whipping on
second and
subsequent offence against the provisions of this Ordinance, if it shall be proved that the offender
convictions.
Form of infor has been previously convicted either before the Supreme Court, or before two Magis
mation and
proceedings. trates sitting together, of an offence under the same or any other section of this
Ordinance, it shall be lawful for the Court, in its discretion , to direct that, in addition
to the punishment hereinbefore prescribed, the offender, if a male , be once, twice, or
thrice publicly or privately whipped, subject to the provisions contained in section 1
of Ordinance No. 3 of 1868 ; and all the provisions of section 94 of Ordinance No. 7
of 1865 relating to the form of information for a subsequent offence and proceedings
thereon, shall apply to offences punishable under this Ordinance.
[ Repealed by Ordinance No. 19 of 1889. ]
No. 3 of 1875.
Title.
An Ordinance to render personation with intent to deprive any
person of any property felony.
[ March 18th, 1875. ]
Preamble. HEREAS it is expedient to amend the law relating to personation :
WH
Be it enacted by the Governor of Hongkong, with the advice of
—
the Legislative Council thereof, as follows :
Personation 1. If any person shall falsely and deceitfully personate any person ,
in order to
obtain pro or the heir, executor, or administrator , wife, widow, next of kin , or
perty to be
felony. relation of any person , with intent fraudulently to obtain any land , estate ,
Vic.,
(37 &
cap. 88Vi
36, 1. ] chattel, money, valuable security, or property, he shall be guilty of
felony, and upon conviction shall be liable, at the discretion of the Court
by which he is convicted , to be kept in penal servitude for life, or for any
ORDINANCES Nos. 3 AND 4 OF 1875 . 1363
False Personation. Marriage.
period not less than three years , or to be imprisoned for any term not
exceeding two years, with or without hard labor, and with or without
solitary confinement
2. Nothing in this Ordinance shall prevent any person from being Saving clause.
[Ibid, § 2.]
proceeded against and punished under any other Ordinance, or at Common
Law, in respect of an offence ( if any ) punishable as well under this Or
dinance as under any other Ordinance, or at Common Law.
3. This Ordinance may be cited for all purposes as "The False Short title.
[Ibid, § 4.]
Personation Ordinance , 1874."
No. 4 of 1875 .
An Ordinance to provide a general Register of Marriages celebrated in Title.
Hongkong.
[ 8th April , 1875. ]
HEREAS it is expedient that marriages celebrated in the Colony of Hongkong Preamble.
W should be systematically recorded in one general register : Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : --
1. This Ordinance may be cited for all purposes as The Marriage Ordinance, 1875 . Short title.
2. Every minister of religion or other person who has in his custody any register Existing regis
ters or copies
or other official record of marriages heretofore celebrated in this Colony shall , within thereof to be
delivered to the
three months after this Ordinance takes effect, deliver to the Registrar General the Registrar
General.
said register or official record, or a copy thereof.
3. Every person delivering a copy shall append thereto a certificate in the Copies to be
certified.
following form :
I, A.B. , & c. , do certify that the above written
pages are a true copy of the register (or official record) of marriages hereto
fore celebrated in St. John's Cathedral Church (or as the case may be) and
that the original is in my custody.
Dated the day of 187
(Signed, ) A. B..
4. The Governor may defray, from the public revenue of the Colony, all proper Expenses may be
defrayed from
expenses connected with the delivery of the said registers or official records , or of making public revenue.
and delivering copies thereof.
1364 ORDINANCE No. 4 OF 1875 .
Marriage.
Registrar of 5. The Registrar General shall be registrar of marriages, and to assist him, the
marriages and
deputies. Governor may appoint one or more deputy registrars , and such deputies may celebrate
marriages, and may exercise all the other powers, and perform all the duties conferred
upon the Registrar General by this Ordinance, and all acts done by a deputy shall be
as valid as if done by the Registrar General .
The Governor 6. The Governor may license any place of public worship to be a place for the
may lleence
places of
worship. celebration of marriages, and may, at any time, cancel any such licence.
Licences to be 7. Whenever the Governor grants or cancels any such licence, the Registrar
gazetted.
General shall give public notice thereof in the Government Gazette .
Preliminaries to marriage.
Notice of 8. Whenever, after this Ordinance takes effect, any persons desire to marry, one
intended
marriage. of the parties to the intended marriage shall give notice thereof to the Registrar
General in the following form : —
NOTICE OF MARRIAGE.
To the Registrar General of Hongkong.
I hereby give you notice that a marriage is intended to be had, within three
months from the date hereof, between me and the other party herein named .
Rank Consent,
Name. Condition. or Age. Dwelling if any, by whom
place.
profession. given.
Name Bachelor
of or
Bridegroom, Widower,
Name Spinster
of or
Bride, Widow,
Witness my hand this day of 187 •
(Signature of party giving the notice.)
Every such notice shall be signed by the party giving notice.
Notices to be filed 9. The Registrar General shall file every such notice in his office ; he shall expose
and copies made
by the Registrar one copy of such notice in a conspicuous place open to the public, and keep it so exposed
General.
until he issue a certificate as hereinafter mentioned , or until the three months expire ;
he shall also enter a copy of the said notice with the date of such entry in a book to be
called the Marriage Notice Book, and shall allow any person to inspect such book during
office hours without fee.
Forms of notice 10. The Registrar General shall supply forms of notice gratuitously to persons
to be supplied
gratis. applying for the same.
ORDINANCE No. 4 OF 1875 . 1365
Marriage.
11. At any time not more than three months nor (except when the Governor Registrar
General may
issue certificate.
grants a licence ) less than fifteen days after the giving of such notice, the Registrar
General shall, on the request of either of the parties, issue a certificate in the form A
in the schedule hereto.
12. The Governor may, at any time after a party has given notice as aforesaid , After notice the
Governor may
grant a licence in the form B in the schedule hereto, authorizing the Registrar General grant a licence.
to issue his certificate on or after any day named in such licence.
13. Ifthe marriage do not take place within three months after giving the above If marriage do
not take place
in three months
notice, the notice given and all other proceedings thereupon shall be utterly void, and fresh notice tobe
given.
fresh notice will be required before any marriage can be had between the parties.
14. The Governor may, when he sees fit, grant a special licence in the form C in Special licence
in case of
the schedule hereto, dispensing with notice as aforesaid, or with the certificate of the emergency.
Registrar General, or with both, and authorizing the celebration of a marriage between
the parties named , between the hours of six in the forenoon and six in the afternoon ,
upon a day and at a place specified in the licence.
15. Before the Registrar General issues any certificate, and before the Governor Affidavit before
issue of
certificate or
grants any licence, one of the parties to the intended marriage shall appear personally licence.
before the Registrar General and make affidavit (which the Registrar General is hereby
authorised to take) that he or she believes that there is not any impediment of kindred
or alliance or any other lawful hindrance to the marriage, and either that the consent
of the parties required by law to consent to the marriage has been obtained or that no
such consent is required.
16. If either party to the intended marriage, not being a widower or a widow, is Consent of
parents or
guardians to
under twenty- one years of age, the written consent of the father, or (if he be dead) of marriage of
minors.
the mother, or (if both be dead) of the lawful guardian of such party, must be produced
to the Registrar General before he issues a certificate, or to the Governor before he
grants a licence.
17. If there be no parent or guardian of such party residing in the Colony , the If no parent or
guardian, Re
Registrar General may give his consent in writing to the marriage, if upon enquiry gistrar General
may consent.
the marriage appear to him to be proper, and such consent shall be as effectual as if
the father or mother or guardian had consented.
Issue of
18. Any person whose consent is required as aforesaid may forbid the issue of the certificate may
be forbidden.
Registrar General's certificate by writing the word " Forbidden " opposite the entry in
the marriage notice book, and by signing his name and the character in which he
forbids the issue ; and if the issue of any certificate be so forbidden, the notice and all
proceedings thereupon shall be void .
19. If either of the parties to the intended marriage allege that the person The Registrar
General may
forbidding the issue is not authorised by law so to do , the Registrar General shall enquire into
the right to
forbid.
enquire into the matter, and if he be satisfied that the person is not so authorised, he
may proceed to issue the certificate in due course without reckoning the time that has
elapsed since the issue was forbidden .
to
1366 ORDINANCE No. 4 OF 1875 .
Marriage.
For the purposes of such enquiry, or of any enquiry under section 17, the Registrar
General may administer an oath to any person.
Penalty for false 20. If any person wilfully makes any false statement in any affidavit as aforesaid ,
statement.
or wilfully makes on oath any false statement or gives any false answer in any such
enquiry, he shall, on conviction before the Supreme Court, be liable to be imprisoned
for any term not exceeding two years with or without hard labour.
Celebration of marriage.
Marriage in 21. Marriages may hereafter be celebrated in any licensed place of worship by any
licensed places of
worship. competent minister of the church, denomination , or body to which such place of
worship belongs, and according to the rites or usages of marriage observed in such
church, denomination, or body, provided that the marriage be celebrated with open
doors between the hours of six o'clock in the morning and six in the afternoon , and
in the presence of two or more witnesses besides the officiating minister.
No minister shall celebrate any marriage until the parties deliver to him the
Registrar General's certificate or the Governor's special licence.
Ministers may receive the fees ordinarily paid for the celebration of marriage.
Marriage cer 22. The Registrar General shall cause to be prepared and delivered to the several
tificates.
licensed places of worship books of marriage certificates in duplicate and with butts in
the form in the schedule hereto. The certificate shall be signed in duplicate by the
officiating minister, by the parties, and by two or more witnesses to the marriage.
The minister shall deliver one certificate to the parties, immediately after the
marriage, and shall transmit the other to the Registrar General within seven days
thereafter, and the Registrar General shall file the same in his office.
The officiating minister shall enter in the butt the names of the parties and the
date of the marriage.
Marriage before 23. After the issue of a certificate by the Registrar General, the parties may, if
the Registrar
General.
they think fit, contract a marriage before the Registrar General, in the presence of two
witnesses, in the Registrar General's office, with open doors, between the hours of ten
o'clock in the forenoon and four o'clock in the afternoon, and in the following manner :
The Registrar General, shall first address the parties to the following effect :
" Know ye, A.B. and C.D., that by the public taking of each other as man and wife in
my presence and in the presence of the persons now here, and by the subsequent
attestation thereof by signing your names to that effect, you become legally married to
each other although no other rite of a civil or religious nature shall take place ; and
know ye further that this marriage cannot be dissolved during your life time, except
by a valid judgment of divorce, and that if either of you, before the death of the other,
shall contract another inarriage while this remains undissolved, you will thereby be
guilty of bigamy, and be liable to the punishment inflicted for that grievous offence."
ORDINANCE No. 4 OF 1875. 1367
Marriage.
Each of the parties shall then say to the other "I call upon all persons here present
to witness that I , A.B. , do take thee C.D. to be my lawful wife (or husband) .”
The Registrar General and the parties and witnesses shall thereupon sign
duplicate certificates in the form and manner hereinbefore prescribed.
The Registrar General shall deliver one certificate to the parties and shall file
the other in his office.
24. Whenever the Governor's special licence authorises the celebration of a Marriages by
special licence at
marriage at a place other than a registered place of worship, or the office of the other places.
Registrar General, the Registrar General upon taking the affidavit of one of the parties
to the marriage, shall deliver to him a blank certificate of marriage in duplicate, and
the minister celebrating the marriage, the parties and two witnesses shall sign the
same, in manner hereinbefore prescribed, and the minister shall deliver one certificate
to the parties immediately after the marriage and shall transmit the other to the
Registrar General within seven days thereafter, and the Registrar General shall file
the same in his office.
25. The Registrar General shall register all certificates of marriage filed in his Certificates how
filed.
office in such order and manner as he thinks best suited for easy reference thereto.
26. Any certificate of marriage filed in the office of the Registrar General, or a Certificates or
certified copies
to be evidence.
copy thereof, provided it purport to be signed and certified as a true copy by the
Registrar General, and to be sealed or stamped with his official seal, shall be admissi
ble as evidence of the marriage to which the same relates in any court of justice, or
before any person now or hereafter having by law or by consent of parties authority to
hear, receive and examine evidence.
27. The Registrar General may, when authorised by the Colonial Secretary, correct Correction of
errors in
certificate.
any clerical error in any certificate of marriage upon production to him of the certifi
cate delivered to the parties, and shall authenticate every such correction by his signa
ture or by marking the same with his initials, and the date of making the correction .
28. No marriage shall be valid which would be null and void on the ground of Invalid mar
riages.
kindred or affinity in England or Wales.
A marriage shall be null and void if both parties knowingly and wilfully acquiesce
in its celebration in any place other than the office of the Registrar General or a li
censed place of worship (except when authorised by special licence) , or under a false
name or names, or without certificate of notice or licence duly issued, or by a person
not being a competent minister or the Registrar General or his deputy.
But no marriage shall after celebration be deemed invalid by reason that any
provision of this Ordinance other than the foregoing has not been complied with.
1368 ORDINANCE No. 4 of 1875 .
Marriage.
Marriages under 29. All marriages celebrated under this Ordinance shall be good and valid in law
this Ordinance
valid. to all intents and purposes.
Marrying miners 30. Whosoever, knowing that the written consent of the proper person as herein
without consent
of proper person. prescribed has not been obtained, shall marry or assist or procure any other person to
marry a minor under the age of twenty-one years, not being a widow or widower, shall be
guilty of a misdemeanor, and upon conviction thereof, before the Supreme Court , shall
be liable, at the discretion of the Court, to be imprisoned for any term not exceeding
two years with or without hard labour.
Any minister shall be guilty of a misdemeanor who wilfully celebrates a marriage,
in the case of a minor, without such written consent as herein prescribed , or who
wilfully celebrates a marriage, contrary to any other provision of this Ordinance, or
knowing that any provision of this Ordinance has not been complied with, and upon
conviction thereof, before the Supreme Court, shall be liable, at the discretion of the
court, to be imprisoned for any term not exceeding two years.
Penalty for 31. Any minister who, after celebrating a marriage, fails to transmit the certifi
failing to trans
mit certificate of
marriage. cate thereof to the Registrar General within seven days thereafter, shall be liable to a
penalty not exceeding fifty dollars.
Penalty for 32. Whosoever wilfully removes, defaces , alters, or destroys any copy of a notice
defacing notices.
of intended marriage, shall be liable to a penalty not exceeding twenty-five dollars.
Persons unduly 33. Whosoever knowingly and wilfully celebrates or pretends to celebrate a
celebrating
marriage. marriage, not being legally competent so to do, shall be guilty of a misdemeanor, and
being convicted thereof before the Supreme Court, shall be liable, at the discretion of
the Court, to be imprisoned for any term not exceeding two years with or without hard
labour.
Penalties. 34. All penalties for offences against this Ordinance may be recovered in a sum
mary way before any Magistrate.
Fees. 35. The fees specified in the schedule hereto shall be paid to the Registrar
General for the several matters to which they are applicable, and shall be by him paid
into the Colonial Treasury.
Forms. 36. The forms contained in the schedule hereto may be used in the cases to
which they are applicable with such alterations as circumstances may render necessary.
Application of 37. This Ordinance shall apply to all marriages where one or both the parties
Ordinance, and
when to come in
force. professes the Christian religion , and shall take effect on a day to be hereafter proclaim
Repeal. ed by the Governor, and from and after such day Ordinance No. 1 of 1852 shall be
and the same is hereby repealed .
ORDINANCE No. 4 of 1875 . 1369
Marriage.
SCHEDULE .
Form A.
Registrar General's Certificate.
I, 9 Registrar General for the Colony of Hongkong, do hereby certify that on
the day of notice was duly entered in the marriage notice book of the
said Colony of the marriage intended to be had between the parties herein named and described.
Names. Condition. Rank or Profession. Age. Dwelling Place.
Date of notice entered 187 · The issue of this certificate has not been forbidden
by any person authorised to forbid the issue
Date of certificate given 187 thereof.
Witness my hand this day of 187 .
(Signed),
Registrar General.
This certificate will be void unless the marriage is solemnised on or before the day of
187 .
This certificate is issued by virtue of the Gove: noi's licence dated the day of 187 .
Form B..
Marriage licence.
Ordinance No. 4 of 1875 , section 12.
Whereas on the day of 187 , notice was given to the Registrar General
of a marriage intended to be had between A. B. and C. D.' therein mentioned, and the said A. B.
desires to obtain a licence for the immediate issue of a certificate of such notice, and has made before
the said Registrar General the affidavit required by the Marriage Ordinance of 1875, section. 15 .
Now, therefore, in pursuance of the said Ordinance, I do hereby authorise the said Registrar General
to issue the said certificate, at any time on or after the day of and within
three calendar months of the said day of*
Given under my hand this day of 187
Governor.
The date of the notice.
Form C.
Special licence.
Whereas A. B. and C. D. desire to marry, and sufficient cause has been shown to me why such
marriage should be allowed without the formalities prescribed by the Marriage Ordinance of 1875 .
1370 ORDINANCE No. 4 OF 1875.
Marriage.
Now, therefore, in pursuance of the said Ordinance, I do dispense with the giving of notice and the
issue of the certificate thereby prescribed (or as the case may be) and do hereby authorise any competent
person to celebrate marriage between the said A. B. and C. D. at [place of celebration ] upon the
day of 187 " between the hours of six in the forenoon and six in the afternoon.
Given under my hand this day of 187
Governor.
FORM OF CERTIFICATE.
Hongkong Ordinance No. 4 of 1875, sec. 22. Hongkong Ordinance No. 4 of 1875, sec. 22
profession
Residence
Residence
profession
Whether
Whether
Butt. Certificate of marriage. Certificate of marriage.
.surnames
es
n
n
professio
Father's
professio
surnam
Father's
Names
Names
Rank
Rank
time
time
name
married
full
age
full
age
name
the
marriage
ge
surnames
Rank
Condition
Condition
the
and
married
and
Rank
or
or
of
of
at
and
When
of
or
of
or
at
and
surname
When
marria
.or
.
or
.aminor
am. inor
father
. her
.
of
.
.of
.
fat
.
.
.
.
.
.
No. No.
Date 187
Name of husband
Name of wife
Married at by (or before) me, Married at. by (or before) me,
This marriage was in the pre This marriage was in the pre
solemnised be sence ofus, solemnised be sence ofus,
tween us, tween us,
TABLE OF FEES.
Notice of marriage, section 8, ...... ........Nil.
Certificate of notice, section 11 ,…………………….. .........One dollar.
Marriage licence, ........Five dollars.
Special licence, ........ ..........Twenty-five dollars.
Marriage at the office of the Registrar General, .........Two dollars.
[ Repealed by Ordinance No. 14 of 1875. ]
ORDINANCE No. 5 OF 1875. 1371
Revenue.
No. 5 of 1875.
An Ordinance to authorize the Appropriation of a Supplementary Sum Title.
not exceeding One hundred and Fifty thousand Dollars to defray the
Charges of the Year 1874.
[ 7th July , 1875. ]
HEREAS it has become necessary to make further provision for the public service Preamble.
W of the Colony for the year 1874 , in addition to the charge upon the revenue for
the service of the said year already provided for in the estimates submitted to the
Legislative Council : Be it enacted by the Governor of Hongkong, with the advice of
:--
the Legislative Council thereof, as follows :
1. A sum not exceeding one hundred and fifty thousand dollars shall be and the same Supplementary
Estimates, 1874.
is hereby charged upon the revenue of this Colony for the service of the year 1874, the
said sum so charged being expended as hereinafter specified ; that is to say :
ESTABLISHMENTS .
$ c.
Collector of Stamp Revenue, ...... 35.09
Official Trustee, 1,362.57
Medical,....... 678.87
Fire Brigade, 1,298.66
TOTAL ESTABLISHMENTS , ...... $ 3,375.19
SERVICES EXCLUSIVE OF ESTABLISHMENTS.
SURVEYOR GENERAL , ……………
.. 120.00
WORKS AND BUILDING S , 96,199.45
ROADS, STREETS AND BRIDGES, 7,818.23
LIGHTHOUSES , ... 35,110.64
MISCELLANEOUS SERVICES ,....... 149.81
LAND AND HOUSES PURCHASED, ...... 4,445.00
MILITARY CONTRIBUTION, 2,018.72
TOTAL, .. ..... $ 149,237.04
[ Repealed by Ordinance No. 4 of 1887. ]
1372 ORDINANCE No. 6 of 1875 .
Public Holidays..
No. 6 of 1875.
Title.
An Ordinance to provide for Public and Bank Holidays.
[ 7th July, 1875. ]
Preamble.
WHEREAS it is expedient that certain days in the year should be
declared public holidays and bank holidays respectively : Be it
therefore enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
Certain days 1. The several days mentioned in schedule A to this Ordinance
to be public
holidays. annexed ( hereinafter referred to as public holidays ) shall, in addition to
Sundays, be dies non , and shall be kept ( except as hereinafter provided )
as holidays in this Colony.
Regulations.
2. The Governor in Council may, from time to time, make regula
tions excluding in whole or in part from the operation of this Ordinance
any public office or any department thereof, and thereupon all acts and
things relating to such public office or department thereof may be done
and performed on any public holiday notwithstanding the provisions of
this Ordinance.
Certain days
to be bank 3. The several days mentioned in the schedule B to this Ordinance
holidays. annexed , shall be bank holidays , and shall be kept as holiday in all banks
Bills of
exchange in the Colony, and all bills of exchange, promissory notes, and other
falling due on
bank holidays negotiable instruments due and payable on any such bank holiday , shall
to be payable
next day. be payable on the next following day and not on such bank holiday.
Protest falling
to be made on 4. In case of non - acceptance or non - payment of any negotiable in
bankbe
may holidays
made strument, the same may be noted or protested on the next following day
on next day. after a bank holiday, and any such noting or protest shall be as valid as
if made on the previous day.
Acts relating 5. No person shall be compellable to make any payment, or to do
to bills of ex
change not to any other act relating to a bill of exchange or other negotiable instrument
be compel
lable to be on a public holiday, or on a bank holiday, and the obligation to make
done on bank
holidays. such payment, or to do such other act, shall apply to the day next follow
ing such public holiday , or bank holiday, and the making of such pay
ments , or doing such acts on such following day shall be equivalent to
payment of the money, or performance of the act on the public holiday,
or bank holiday.
Governor may
6. It shall be lawful for the Governor, by notification in the Govern
appoint
special days ment Gazette, at any time to appoint a special day to be observed as a
ORDINANCES Nos. 6 AND 7 OF 1875 . 1373
Public Holidays. St. Paul's College.
public holiday, or as a bank holiday, in addition to or in substitution for to be observed
as public
any of the days mentioned in the schedules to this Ordinance annexed , holidays.
and thereupon the provisions ofthis Ordinance shall be applicable to such
day in the same manner as if the said day had been mentioned in schedule
A or schedule B to this Ordinance annexed .
7. For the purposes of this Ordinance, the day next following a Interpreta
tion clause.
public holiday shall mean the next following day not being itself a public
holiday and the day next following a bank holiday shall be construed to
mean the next following day not being itself a public or a bank holiday .
8. This Ordinance may be cited for all purposes as " The Holidays Short title .
Ordinance, 1875."
SCHEDULE A.
The first day of January.
Good Friday.
The Birthday of Her Majesty, or the day on which Her Majesty's Birthday is
ordered to be kept.
Christmas day.
The 26th day of December.
If any of these days fall on a Sunday, the next following Monday shall be a public
holiday.
SCHEDULE B.
Chinese New Year's Day.
The first Monday in August.
Easter Monday.
Whit- Mouday.
No. 7 of 1875.
An Ordinance to provide for the Devolution of the Site of St. Title.
Paul's College, and to provide means for altering the
Statutes of the said College.
[ 7th July, 1875. ]
Preamble.
HEREAS, by Letters Patent dated the 11th day of May, 1849 ,
W
Her Majesty did declare the city of Victoria , and all the territory
comprised within the island of Hongkong and its dependencies , to be the
Diocese of the Bishop named in the said Letters Patent, and of his succes
1374 ORDINANCE No. 7 or 1875 .
St. Paul's College.
sors, and to be called in all time the Diocese of Victoria ; and did constitute
the Church of St. John in the said city to be a Cathedral Church , and
Bishop's See ; and did appoint the Reverend George Smith , Doctor of
Divinity, to be ordained and consecrated Bishop of the said See and
Diocese under the title of the Lord Bishop of Victoria :
And whereas the statutes of St. Paul's College in Victoria were
approved by His Grace the then Archbishop of Canterbury on the 15th
day of October, 1849 , and the said statutes provided amongst other
—
things ,
That all property of every kind thereafter to be given, transferred ,
or bequeathed to the purposes of the college should be vested in the
Bishop of Victoria for the time being as constituted by Her Majesty's
Letters Patent a body corporate ;
That the Government and entire control of the college should be
vested in the Bishop of Victoria as ex officio warden, except so far as any
jurisdiction or authority might be by him delegated to a sub- warden or
others ;
That it should be lawful for the Bishop of Victoria in conjunction
with the Archbishop of Canterbury for the time being to introduce such
a modification , alteration , or extension of the said statutes , as to them
jointly might seem fit :
And whereas a Crown lease dated the 5th day of September , 1851 ,
was made between Her Majesty of the one part, and the Right Reverend
George Lord Bishop of Victoria, in the island of Hongkong, ex officio
warden, on behalf of the Church of England Missionary Institution known
as St. Paul's College of the other part, and thereby the land therein
described (being inland lot No. seventy - six ) with its appurtenances was
demised to the said Lord Bishop of Victoria, and his successors , being
such warden , to hold unto the said Lord Bishop of Victoria and his
successors being such warden for the full term of nine hundred and
ninety -nine years , commencing on the 19th day of April , 1850 , at the
yearly rent of one dollar :
And in the said lease the said Lord Bishop of Victoria as warden of
St. Paul's College, and for the wardens to be from time to time appointed,
covenanted with Her Majesty to pay the said rent and all taxes , charges
and impositions that should thereafter be assessed or charged upon the
said land . And further that neither the said lessee or warden , nor any
ORDINANCE No. 7 OF 1875 . 1375
St. Paul's College.
person, should during the said demise, use the said lands for any other
purpose than the promotion of the charitable designs and objects of the
said St. Paul's College, as they might be, from time to time, legally
established , without the previous licence of Her Majesty, her heirs ,
successors , or assigns , signified by the Governor of the Colony , or other
person duly authorized in that behalf:
And whereas by Letters Patent dated the 14th day of January, 1867 ,
Her Majesty did appoint the Reverend Charles Richard Alford, clerk,
master of arts, to be ordained and consecrated Lord Bishop of the said
See of Victoria, in succession to the said Bishop Smith, who had resigned :
And whereas by Letters Patent dated the 1st day of November, 1872 ,
after reciting the above mentioned Letters Patent , and that the said See
and Bishopric had become vacant by the resignation of the said Bishop
Alford , Her Majesty was pleased to revoke and determine the said recited
Letters Patent of the 11th day of May, 1849 , and of the 14th day of
January, 1867 , and every clause, article, and thing therein contained :
And whereas by the revocation of the said Letters Patent the said
See and Bishopric of Victoria ceased to exist as theretofore constituted :
And whereas it is therefore expedient to provide for the devolution
of the property comprised in the aforesaid Crown lease, and to provide
means for altering the statutes of St. Paul's College to meet the state of
circumstances that now exists :
And whereas the Right Reverend John Shaw Burdon , doctor of
divinity, has been duly consecrated to be a Bishop of the Church of
England , and as such Bishop is residing and officiating in this Colony,
and as such Bishop and by the desire of His Grace the Archbishop of
Canterbury has undertaken the management of St. Paul's College and is
now discharging the duties of warden of the said college : Be it therefore
enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
1. From and after the passing of this Ordinance, the above recited The lease and
site of St.
Crown lease dated the 5th day of September, 1851 , and all the portion Paul's Col
lege to vest in
of land therein described with its appurtenances , and St. Paul's College the Archbis
hop of Canter
and all other buildings erected on the said land shall vest in His Grace bury and his
successors.
the Archbishop of Canterbury and his successors for all the unexpired
residue of the term of nine hundred and ninety - nine years created by the
1376 ORDINANCE No. 7 OF 1875 .
St. Paul's College.
said lease, upon and for the trusts, intents and purposes in the said lease
expressed and declared, and subject to the covenants and conditions
therein contained , and the said Archbishop and his successors shall be
deemed to be the lessees of the said land as fully and effectually and to
the same extent as if they had been originally named as lessees in the
said lease.
Bishop 2. The Right Reverend John Shaw Burdon, the Bishop aforesaid ,
Burdon
named is hereby named Warden of St. Paul's College in Victoria, and by virtue
Warden of
St. Paul's of such nomination may lawfully exercise and perform all the powers and
College.
duties conferred and imposed upon the Warden by the above recited
Property to statutes of the said college , and all property belonging to the college
vest in him.
(other than the land comprised in the aforesaid lease ) shall, upon the
passing of this Ordinance, vest in the said Bishop as such Warden .
Alteration of 3. The Archbishop of Canterbury in conjunction with the aforesaid"
the existing
statutes. Warden and the Colonial Secretary of the Colony , or with either of them
in the absence or inability of the other, may alter the existing statutes
of the college in such manner as they jointly think fit ; but so neverthe
less that provision be made for the appointment and removal of future
wardens, for the vesting of all property ( other than the land comprised
in the aforesaid lease ) belonging to or that may come to the college, and
for altering the statutes of the college as occasion may, from time to time,
require.
The Bishop 4. The Bishop aforesaid may resign the wardenship by letter to the
may resign or
be removed. Archbishop of Canterbury, and may be removed in the same manner as
wardens to be appointed under the statutes when altered .
If a vacancy 5. In the event of a vacancy in the wardenship occurring before the
occur before
the statutes statutes are altered , all property belonging to the college ( other than the
are altered,
property to land comprised in the aforesaid lease ) shall thereupon vest in the Colonial
vest in the
Colonial Secretary, to be by him transferred to such person as the statutes when
Secretary.
altered may direct.
Commence 6. This Ordinance shall commence on the passing thereof, and may
inent. Short
title. be cited for all purposes as " The St. Paul's College Ordinance, 1875."
ORDINANCE No. 7 OF 1875 . 1377
St. Paul's College.
Statutes, as modified on the 26th July, 1875, under Ordinance No. 7 of 1875,
ofthe Missionary Institution at Hongkong called St. Paul's
College. Gazetted 10th January, 1876.
PREAMBLE.
A missionary college having been founded at Victoria, in the island of Hongkong,
principally by the pious liberality of a " Brother and Sister " and by a grant from the
Society for Promoting Christian Knowledge, aided by sums from various individual
donors, and the status of the Episcopate in Hongkong having recently undergone a
change which renders an alteration of the college statutes inevitable, the following
modified statutes for the general government and internal regulation of the institution
are now promulgated in the place of the original statutes which received the sanction
of His Grace the Lord Archbishop of Canterbury upon the 15th day of October, 1849.
FOUNDATION.
1. St. Paul's College at Victoria is primarily founded for the object of training a
body of native clergy and Christian teachers for the propagation of the Gospel in China
according to the principles of the United Church of England and Ireland , and under
the immediate control of a warden appointed by His Grace the Archbishop of
Canterbury . It shall, however, be lawful to admit to the benefits of the college such
students, European as well as Native, as being educated in conformity with the doctrine
and discipline of the Church of England , shall afford , in the judgment of the warden ,
the hope of their diffusing through their example and influence the blessing of
Christianity and civilization .
THE COLLEGE PROPERTY.
2. All sums of money and books already given and property of every kind hereafter
to be given, transferred , or bequeathed to the purposes of the college , shall be vested ,
for the benefit of the said college, in the Archbishop of Canterbury and his successors
and in the warden of the college for the time being, and in the Archbishop alone during
a vacancy in the office of warden .
THE WARDEN.
3. The present warden of the college is the Right Reverend John Shaw Burdon ,
Bishop : he may resign his office by letter to the Archbishop of Canterbury : and may
be removed at any time by writing under the hand of the Archbishop. The
Archbishop of Canterbury for the time being shall have the nomination and appointment
of all future wardens : and the wardens so appointed may resign their office by letter
as aforesaid, and may in like manner be removed at any time by writing under the
hand of the Archbishop .
1378 ORDINANCE No. 7 OF 1875 .
St. Paul's College.
THE GOVERNMENT OF THE COLLEGE.
4. The government and entire control of the college is vested in the warden ,
except so far as any jurisdiction or authority may be by him delegated to a sub- warden
or others. Upon questions of grave importance, a reference may nevertheless be made
to the Archbishop of Canterbury, whose decision shall be final. The warden shall
forward to the Archbishop annual reports of the progress of the college, and of the
state of the buildings, funds, and other property.
TUTORS .
5. The course of instruction shall be carried on under the superintendence of the
warden by tutors, English and Chinese -the former to be in holy orders or at least
communicants of the Church of England . All such officers as that of sub- warden or
tutor are in the appointment of the warden . The stipend of such offices shall be
defrayed from the funds of the college, or from any endowment specially contributed
for their support, assisted by such payments for tuition as the students may hereafter
be expected to contribute or by such annual grants as the local British Government or
any public society may be willing to make.
THE STUDIES .
6. The course of education shall ordinarily comprise the usual branches of
instruction in languages, literature, science, divinity and sacred history, together with
the study of the language and literature of China.
TION OF THE STATUTES.
ALTERATION
7. Inasmuch as occasion may arise in future years for altering the statutes of the
college and for providing a more detailed system of statutes than is now necessary, it
shall be lawful for the Archbishop of Canterbury for the time being in conjunction
with the warden of the college from time to time to alter and repeal the existing
statutes of the college and to frame new statutes if they think fit, either in addition to,
or in substitution for, any statutes then in force.
In pursuance of the powers vested in us by " St. Paul's College Ordinance, 1875,"
we have modified the existing statutes of the college in manner above appearing : and
we do declare that the statutes above written are the statutes of St. Paul's College ,
and that they shall continue so to be until altered in manner hereinbefore prescribed .
A. C. CANTUARS.
JOHN SHAW BURDON,
Bishop.
CECIL CLEMENTI SMITH ,
J Acting Colonial Secretary.
ORDINANCE No. 8 CF 1875 . 1379
Steam-Launches.
No. 8 of 1875 .
An Ordinance for licensing small Passenger Steamers and for other Title.
purposes .
[ 13th July, 1875. ]
HEREAS it is expedient to regulate the number of passengers to be carried by Preamble.
W small steam vessels, and to guard against accidents thereon from overloading,
or from defective machinery: Be it therefore enacted by the Governor of Hongkong ,
with the advice of the Legislative Council thereof, as follows :
1. It shall not be lawful for any steam vessel of less than one hundred tons burden Steam vessels
under 100 tons
not to carry
to carry passengers for hire within the waters of the Colony, or to any place outside the passengers for
hire without
waters of the Colony, unless she has obtained a licence as hereinafter provided . licence.
2. The Harbour Master may issue to steam vessels of less than one hundred tons The Harbour
Master to issue
licences.
burden licences for carrying passengers upon the conditions prescribed by such
regulations relating thereto as are for the time being in force.
3. The regulations contained in the schedule hereto shall take effect from the Regulations.
commencement of this Ordinance and shall continue in force until altered or repealed
as hereinafter provided .
4. The Governor in Council may, from time to time, alter, amend, or repeal the Alteration or
repeal of regula
tions.
said regulations or any of them, and may, make other regulations as occasion requires.
Every new regulation and every alteration, amendment or repeal of an existing
regulation shall be published in the Government, Gazette, and after such publication
shall have the force of law.
5. If any steam vessel licensed under this Ordinance carries within the waters of Penalty for
carrying pas
the Colony more passengers than her licence allows, the owner or master thereof shall sengers in excess
of the licence.
be liable to a penalty not exceeding two hundred and fifty dollars.
6. If any unlicensed steam vessel of less than one hundred tons burden arrives Penalty for
unlicensed
steamer arriving
in the waters of the Colony carrying more passengers in proportion to her size than with excessive
number of pas
she would be licensed to carry under the regulations for the time being in force under sengers.
this Ordinance, the master thereof shall be liable to a penalty not exceeding one hundred
dollars.
7. Any person offending against the regulations in force for the time being under Offences against
regulations.
this Ordinance, shall be liable, on conviction thereof, to a penalty not exceeding fifty
dollars.
8. All penalties for offences against this Ordinance may be recovered in a summary Penalties.
way before a Police Magistrate or the Marine Magistrate.
9. This Ordinance shall come into operation on a day to be hereafter proclaimed Commencement.
by the Governor, and may be cited for all purposes as " The Steam - Launch Ordinance, Short title.
1875."
1380 ORDINANCE No. 8 OF 1875 .
Steam-Launches.
SCHEDULE.
1. The owner of any steam vessel of less than one hundred tons burden desirous of obtaining a
licence to carry passengers for hire within the waters of the Colony, or to any place outside of the
waters of the Colony , shall cause the said vessel to be surveyed by a Marine Surveyor and by an Engineer
Surveyor both of whom shall be persons approved by the Government.
2. The certificate of the Marine Surveyor shall contain statements of the following particulars :
a . That the hull , length- breadth depth tens, is sufficient for the service
intended , and in good condition.
b. The number of passengers which the vessel is fit to carry, being, for vessels plying beyond
the waters of the Colony, at the rate of ten superficial feet of the upper or weather deck,
and, at the rate of ten superficial feet of the deck immediately below the upper deck, for
each passenger and member of the crew ; and for vessels plying within the waters of the
Colony, at the rate of seven superficial feet per passenger and member of the crew.
c. That the master possesses a certificate of competency from the Harbour Master of Hongkong.
d. That provision is on board for the shelter of deck passengers, and that there are two approved
life buoys on board.
e. That the vessel carrying passengers outside the waters of the Colony has boats sufficient
for the accommodation of half of the number of passengers and crew which the vessel is
certified to carry .
f. That the vessel is properly fitted with bow and masthead lights and also a riding light.
g. That the vessel is properly found with anchors and chains.
h. That the crew is sufficient for the requirements of the vessel in the opinion of the Harbour
Master.
3. The certificate of the Engineer Surveyor shall contain statements of the following particular :
a. That the machinery and boiler of the vessel are sufficient for the service intended, and in
good condition, and that the safety valve is so constructed as to be out of the control
the engineer when the steam is up and is not loaded beyond the pressure permitted by the
Engineer Surveyor's certificate.
b. The time for which such machinery will be sufficient.
c. That the engineer of the vessel possesses a certificate of competency from the Harbor Master
of Hongkong.
4. Such certificates shall be in force for a period of six months.
5. On the receipt of the before-mentioned certificates, the Harbour Master will cause a licence to
be issued to the owner or master empowering the therein described vessel to convey the number of
passengers certified to on the Marine Surveyor's declaration for a period of six months.
6. Every steam vessel licensed under this Ordinance, shall, when under weigh between sunset and
sunrise, exhibit a green light on the starboard bow, and a red light on the port bow, and a bright light
at least 10 feet above the coloured lights.
7. Every such steam vessel shall exhibit a bright light at night at least 10 feet above the rail.
8. Every vessel licensed under this Ordinance shall have her name in English and in Chinese
legibly painted on her stern and on each bow, together with the number of passengers she is licensed to
carry.
9. The Engineer Surveyor and Marine Surveyor shall be entitled to a fee of five dollars each for
each certificate of survey, recoverable from the owner of the vessel.
10. Vessels plying for hire within the waters of the Colony shall pay a licence fee at the rate of $5
per annum , and vessels plying for hire outside the waters of the Colony shall pay a licence fee at the
rate of $ 10 per annum. These fees shall be payable half-yearly.
[ In force from 2nd August, 1875, by proclamation of the 29th July, 1875 :
Repealed by Ordinance No. 8 of 1879. ]
ORDINANCE No. 9 of 1875 . 1381
Naval Stores.
No. 9 of 1875.
An Ordinance for the more effectual Protection of Her Majesty's Title.
Naval Stores.
[ 13th July, 1875. ]
E it enacted by the Governor of Hongkong , with the advice of the Preamble.
B
Legislative Council thereof, as follows :
1. This Ordinance may be cited as " The Naval Stores Ordinance , Short title.
( Hongkong ) 1875. "
2. In this Ordinance : Interpreta
tion of terms.
The term " The Admiralty " means the Lord High Admiral " The Admi
ralty."
of the United Kingdom , or the Commissioners for executing
the office of Lord High Admiral, and shall be deemed to include
the officer in command of Her Majesty's naval forces in the
Colony.
The term " Dealer in Marine Stores " means a person " Dealer in
Marine
dealing in buying and selling anchors, cables , sails, or old junk , Stores."
old iron, or marine stores of any description .
The term " Dealer in Old Metals " shall mean any person " Dealer in
Old Metals."
dealing in buying and selling old metal, scrap metal , broken
metal, or partly manufactured metal goods, or defaced or old
metal goods , and whether such person deals in such articles
only, or together with second hand goods or marine stores ;
and the term " Old Metal " shall mean the said articles .
The term " In Her Majesty's Service, " when applied to "In Her
Majesty's
persons, applies also to persons in the employment of the Service."
Admiralty.
The term " Stores " includes all goods and chattels and "Stores."
any single store or article.
3. No person shall , after the commencement of this Ordinance, use Licence to
carry on the
or exercise the trade or business of a dealer in marine stores , or a dealer trade of a
dealer in ma
in old metals, unless he be the holder of a licence for that purpose . rine stores or
old metal
necessary.
4. Every such licence shall be granted by and held at the discretion Licences to
be granted by
of the Governor on such conditions as to fees and subject to such regula- the Governor
subject, &c.
tions as shall, from time to time, be prescribed by the Governor in
Council.
1382 ORDINANCE No. 9 OF 1875 ..
Naval Stores.
Holder of 5. Every dealer in marine stores to whom a licence shall have been
licence to keep
books, &c. granted shall keep a book or books fairly written, and shall enter therein
an account of all such marine stores , or old metal , as he may, from time
to time, become possessed of, stating in respect of each article the time
at which and the person from whom he purchased or received the same ,
adding in the case of every such last mentioned person a description of
his business and place of abode .
Inspection of 6. Every person to whom such licence shall have been granted shall ,
goods, books,
&c. whensoever thereunto required by any Superintendent or Inspector of
Police, or by any other member of the Police force, bearing a written
order in that behalf under the hand of a Superintendent, produce for the
inspection of the party so requiring him all or any marine stores or old
metal in his possession , or subject to his control, and all books and
papers relating to the same.
Penalties. 7. If any person acts in contravention of the provisions contained
in sections 3 , 5 , or 6, or any regulation made under section 4 , he shall
be liable, on summary conviction before a Magistrate, to a penalty not
exceeding two hundred dollars, or to be imprisoned for any term not
exceeding three months , with or without hard labour.
Marks in 8. The marks described in the schedule to this Ordinance may be
schedule
appropriated applied in or on stores therein described to denote Her Majesty's property
for Her
Majesty's in stores so marked.
stores.
It shall be lawful for the Admiralty , their contractors , officers, and
workmen, to apply the said marks, or any of them, in or on any such
stores as are described in the said schedule.
Imitation a
misdemeanor. If any person, without lawful authority (proof of which authority
shall lie on the party accused ) , applies any of the said marks in or on
any such stores, he shall be guilty of a misdemeanor, and shall be liable
to be imprisoned for any term not exceeding two years, with or without
hard labour.
Obliteration 9. If any person , with intent to conceal Her Majesty's property in
with intent to
conceal Her
Majesty's pro any stores, takes out, destroys, or obliterates , wholly or in part , any such
perty, felony. mark as aforesaid , he shall be guilty of felony, and shall be liable, in the
discretion of the Court, to be kept in penal servitude for any term not
exceeding four years, or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement.
ORDINANCE No. 9 OF 1875 . 1383
Naval Stores.
10. If stores are found in the possession or keeping of a person Penalty on
dealer &c.,
being in Her Majesty's service, or in the service of the Admiralty , or found in
possession of
being a dealer in marine stores , or in old metals , or a pawnbroker ( within stores, and not
accounting
the meaning of any enactments for the time being in force relating to for them.
such dealers, or to pawnbrokers ) , and he is taken or summoned before a
Magistrate, and the Magistrate sees reasonable grounds for believing the
stores found to be or to have been Her Majesty's property, then if such
person does not satisfy the Magistrate that he came lawfully by the
stores found, he shall be liable, on summary conviction before a Magis
trate , to a penalty not exceeding twenty- five dollars .
For the purposes of this section , stores shall be deemed to be in the
possession or keeping of any person, if he knowingly has them in the
actual possession or keeping of any other person , or in any house, building,
lodging, apartment, field, or place, open or inclosed , whether occupied
by himself or not , and whether the same are so had for his own use or
benefit, or for the use or benefit of another.
No unauthor
11. It shall not be lawful for any person, without permission in
ized person to
writing from the Admiralty, or from some person authorized by the creep, sweep,
&c., for stores
Admiralty in that behalf ( proof of which permission shall lie on the party within 100
yards of any
accused ) , to gather or search for stores, or to creep, sweep, or dredge, in of Her
Majesty's
the harbour of Victoria within one hundred yards from any vessel belong vessels, &c.
ing to Her Majesty, or in Her Majesty's service, or from any mooring
place or anchoring place appropriated to such vessels , or from any
moorings belonging to Her Majesty, or , from any of Her Majesty's
wharves, or dock, victualling, or steam factory yards.
If any person acts in contravention of this provision , he shall
be liable, on summary conviction before a Magistrate, to a penalty not
exceeding twenty -five dollars , or to be imprisoned for any term not
exceeding three months, with or without hard labour.
12. The following sections of Ordinance No. 7 of 1865 being " An Sections 81.
82, 83 , 86, 88.
Ordinance to consolidate and amend the Enactments in force in this 90 to 99 of
Ordinance
Colony relating to Larceny and other similar Offences, " shall be incor No. 7 of 1865 ,
incorporated
porated with this Ordinance, and shall , for the purposes of this Ordinance , with this
Ordinance.
be read as if they were here re- enacted , namely , sections 81 to 83 , 86, 88,
and 90 to 99 all inclusive ; and for this purpose the expression " this
Ordinance," when used in the said incorporated sections, shall be taken
.
to include the present Ordinance.
1384 ORDINANCE No. 9 OF 1875 .
Naval Stores.
Not to pre
vent persons 13. Nothing in this Ordinance shall prevent any person from being
beingindicted
under this indicted under this Ordinance or otherwise for any indictable offence
Ordinance.
ke. made punishable on summary conviction by this Ordinance, or prevent
any person from being liable under any other Ordinance or otherwise to
any other or higher penalty or punishment than is provided for any
offence by this Ordinance so that no person be punished twice for the
same offence .
Repeal. 14. "The Naval and Victualling Stores Ordinance (Hongkong )
1867 " is hereby repealed , but this repeal shall not affect any offence , act ,
or thing committed or done before the commencement of this Ordinance ."
SCHEDULE .
Marks appropriated for Her Majesty's use in or on Naval and
Victualling Stores.
STORES . MARKS.
Hempen cordage and wire rope,. White, black, or coloured worsted threads
laid up with the yarns and the wire
respectively.
Canvas, fearnought, hammocks, and sea
men's bags, A blue line in a serpentine form.
·
Bunting, A double tape in the warp.
Candles, Blue or red cotton threads in each wick,
or wicks of red cotton.
Timber, metal, and other stores not before,
enumerated. The Broad Arrow.
Regulations made by the Administrator in Council, the 14th day of
October, 1875, under Ordinance No. 9 of 1875.
1. The fee for each licence to use or exercise the trade or business of a dealer in
marine stores, or a dealer in old metals, shall be $ 15 per mensem , payable in advance.
2. All persons who shall trade or deal in marine stores or old metals shall have
their names with words " Dealer in Marine Stores , or Old Metals " painted distinctly, in
letters not less than 3 inches in length on a board to be hung up conspicuously in front
of their shops .
ORDINANCE No. 9 OF 1875 . 1385
Naval Stores.
3. The said houses may only be open from the 1st October to the 1st April from 6
A.M. to 6 P.M., and from the 1st April to the 1st October from 5 A.M. to 7 P.M.
4. No article of metal, or any marine store, shall be purchased from a child appar
ently under 14 years of age.
5. The name of every seller, the house number, name of street, and district in which
he dwells together with an intelligible description of the article and time at which it was
sold , with price paid, shall be entered in the books of the shop, which shall be kept in
the form and manner hereinafter shown in form A-or in such other form as the Governor
may direct.
6. No escapes through the roof of a licensed house shall be allowed.
7. No other trade or business shall be carried on in a licensed marine or old metal
store.
FORM A.
No. of Name of Residence and Nature Price
Date or Time. Business.
Purchase. Seller. No. of Street. of Goods . Paid.
址 住
做何
月 某 生 貨是 若價
名姓者賣 | 意 名 街
頭號 時 物何 干銀
日 年 牌 門
Order of the Governor in Council of the 21st day of June, 1877.
Whereas by " The Naval Stores Ordinance (Hongkong) 1875 ," it is enacted that no
person should, after the commencement of that Ordinance, use or exercise the trade or
business of
dealer in marine stores , or a dealer in old metals, unless he be a holder of
a licence for that purpose ; and that every such licence should be granted by and held at
the discretion of the Governor, on such conditions as to fees, and subject to such regula
tions, as should, from time to time, be prescribed by the Governor in Council . Now,
therefore, His Excellency JOHN POPE HENNESSY, Esquire, C.M.G., in Council, by virtue
of the powers in that behalf by the recited Ordinance or otherwise in him vested , is
pleased to order that the regulations made by His Excellency Sir RICHARD GRAVES
MACDONNELL in Council, on the 28th day of September, 1867, under " The Naval and
Victualling Stores Ordinance ( Hongkong ) 1867 ," shall remain and continue in force
under the said recited Ordinance of 1875, until further notice.
1386 ORDINANCES Nos. 9 AND 10 OF 1875 .
Naval Stores. Legislative Commissioners.
The following are the regulations which are continued in force by the above Order
→
in Council :
1. The fee for each licence to use or exercise the trade or business of a dealer
in marine stores, or a dealer in old metals, shall be $ 15 per mensem, pay
able in advance .
2. All persons who shall trade or deal in marine stores, or old metals , shall
have their names with the words " Dealer in Marine Stores, or Old Metals ,"
painted distinctly, in letters not less than 33 inches in length, on a board
to be hung up conspicuously in front of their shops.
3. The said houses may only be open, from the 1st October to the 1st April,
from 6 A.M. to 6 P.M.; and from the 1st April to the 1st October, from 5
A.M. to 7 P.M.
4. No article of metal, or any marine store, shall be purchase from a child
apparently under 14 years of age.
5. The name of every seller, the house number, and district in which he dwells ,
together with an intelligible description of the article and time at which it
was sold, with price paid, shall be entered in the books of the shop, which
shall be kept in such form and manner as may, from time to time, be
*
directed by the Captain Superintendent of Police.
6. No escapes through the roof of a licensed house shall be allowed.
7. The proprietor of each licensed house shall be held responsible for any breach
of these regulations , or of the Ordinance.
No. 10 of 1875 .
Title. An Ordinance for compiling a new Edition of the Ordinances of the
[See Ordinances
Nos. 6 and 17 of Colony.
18-9.)
[ 2nd September, 1875. ]
Preamble. HEREAS it is expedient to prepare a new edition of the Ordinances of Hong
W kong omitting all Ordinances or parts of Ordinances that have expired, have
had their effect, or have been expressly repealed or disallowed : -Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
Authority to 1. It shall be lawful for the Governor to issue his commission to any two or more
Governor to
appoint com-. persons directing and empowering them to prepare a new edition of the Ordinances of
missioners to
compile and Hongkong, and, from time to time, in case of the death, refusal, or incapacity to act of
print the law
ofHongkong.
any of the said commissioners, to issue a supplemental commission empowering some
other person to act in the stead of such commissioner.
Commissioners 2. The commissioners are hereby authorised to prepare and arrange for publica
to prepare and
arrange Laws for
publication and tion the said edition , omitting all such Ordinances, sections, and parts of Ordinances
ORDINANCES Nos . 10 AND 11 OF 1875 . 1387
Legislative Commissioners. Extradition.
as have expired, have been repealed , or have had their effect, (including Appropriation to omit all
expired, repealed
Ordinances, &c.
Ordinances) ; omitting all sections which repeal Ordinances, or parts of Ordinances, as
well as the Ordinances and parts of Ordinances repealed, and omitting all schedules of
repealed Ordinances.
The commissioners are also hereby authorised to insert into Ordinances any amend
ments made by later Ordinances without taking notice of the fact of such amendments
having been made, and to omit the amending Ordinances or parts of Ordinances.
3. Such edition, when arranged and prepared for publication, shall be transmitted Commissioners
to send to
printer and
by the commissioners to such person as the Governor may appoint to print the same; arrange for
correcting proof,
and the commissioners shall make such arrangements for correcting the proof, and &c.
otherwise insuring the accuracy of the publication , as they think necessary.
4. Every copy of the said edition shall bear on the title page the words-“ Published Every copy to
be authenti
cated ; and
by Authority under the Provisions of Ordinance No. 10 of 1875 " and the copies so copies to be
taken as the only
authenticated shall, in all courts and upon all occasions whatsoever, be taken , deemed Ordinances of
the Colony.
and held to be the only lawful Ordinances of Hongkong, as they existed at the date of
the passing of the last Ordinance inserted therein : Provided always, that nothing in Proviso.
this Ordinance contained shall apply to any operation already effected by, or act done
under, any Ordinance omitted in the said copies, or to any right, title, obligation, or
liability acquired or accrued under any such Ordinance.
5. The commissioners shall , after the printing of the copies aforesaid, see that the Copies to be
delivered to
Colonial Secre
type is distributed , and shall cause the printed copies to be placed in the hands of the tary for disposal.
Colonial Secretary, to be disposed of in such manner as the Governor may direct.
6. It shall be lawful for the Governor to issue his warrant upon the Treasury for Provision for
remuneration
to clerk and
such sum as he shall deem a reasonable remuneration for the clerk to be employed by expenses of
carrying into
the said commissioners, and also for such other charges and expenses as shall have been effect this
Ordinance.
necessarily incurred, in and about the carrying into effect the provisions of this
Ordinance.
Short title.
7. This Ordinance may be cited as " The Legislative Commissioners Ordinance,
1875."
[ Repealed by Ordinance No. 31 of 1886 and see Ordinances Nos . 6 and 17 of 1889. ]
No. 11 of 1875.
An Ordinance to provide for the more convenient administra- Title.
tion of "The Extradition Acts, 1870 and 1873."
[ 2nd September, 1875. ]
•
HEREAS by the Act of the Imperial Parliament known as " The Preamble.
WHI
Extradition Act , 1870 " it is amongst other things enacted that
the said Act when applied by Order in Council , shall , unless it is other
1388 ORDINANCE No. 11 of 1875.
Extradition.
wise provided by such order, extend to every British possession , but
with the following among other modifications ; namely : —
No warrant of a Secretary of State shall be required , and
all powers vested in, or acts authorised or required to be dore
under the said Act by the Police Magistrate and the Secretary
of State, or either of them, in relation to the surrender of a
fugitive criminal , may be done by the Governor of the British
possession alone ;
and any prison in the British possession may be substituted for a prison
in Middlesex .
―
And whereas by the said Act it is also enacted that :
If by any law or Ordinance made before or after the passing of the
said Act, by the legislature of any British possession , provision is made
for carrying into effect, within such possession , the surrender of fugitive
criminals who are in, or suspected of being in such British possession ,
Her Majesty may, by the Order in Council applying the said Act in the
case of any foreign state , or by any subsequent order, either
Suspend the operation within any such British possession
of the said Act, or any part thereof, so far as it relates to such
foreign state, and as so long as such law or Ordinance continues
in force there, and no longer ;
Or direct that such law or Ordinance, or any part thereof,
shall have effect in such British possession , with or without
modifications and alterations , as if it were part of the said Act .
And whereas by another Act of the Imperial Parliament known as
" The Extradition Act of 1873 " it is enacted that the said Act shall be
construed as one with " The Extradition Act, 1870 , " and that the said
two Acts may be cited together as " The Extradition Acts, 1870 and 1873."
And whereas it is expedient to provide a more convenient method
of administering " The Extradition Acts , 1870 and 1873 " in this Colony :
Be it therefore enacted by the Governor of Hongkong, with the
――――――
advice of the Legislative Council thereof, as follows :
Short title.
1. This Ordinance may be cited as " The Extradition Ordinance
( Hongkong) , 1875."
Powers of the 2. All powers vested in , or acts authorised or required to be done
Secretary of
State to be under " The Extradition Acts, 1870 and 1873 " by the Secretary of State,
exercised by
the Governor. in relation to the surrender of a fugitive criminal, may, in respect to this
Colony, be exercised and done by the Governor.
ORDINANCE No. 11 or 1875 . 1389
Extradition.
Powers of the
3. All powers vested in, or acts authorised or required to be done.
Police Magis
under " The Extradition Acts , 1870 and 1873 " by the Police Magistrate , trate to beby
exercised
in relation to the surrender of a fugitive criminal, may , in respect to this the Police
Magistrates of
Colony , be exercised and done by any Police Magistrate of the Colony. the Colony.
Gaol.
4. Victoria Gaol shall be a prison for the purposes of this Ordinance
and " The Extradition Acts , 1870 and 1873."
Commence
5. This Ordinance shall take effect on a day to be hereafter proclaimed ment.
by the Governor.
[In force from the 18th September, 1875, by proclamation of the 16th September, 1875,
proclaimed also to be inforce from 10th April, 1876, by proclamation ofsame date . ]
Order of Her Majesty in Council dated the 20th day of March, 1877.
Whereas by section 18 of " The Extradition Act, 1870, " it is, among other things,
"enacted , that if by any law made before or after the passing of the said Act by the
"Legislature of any British possession provision is made for carrying into effect within
"such possession the surrender of fugitive criminals who are in or suspected of being in
"such British possession, Her Majesty may, by the Order in Council applying the said
"Act in the case of any Foreign State or by any subsequent order, either
" Suspend the operation within any such British possession of the said Act, or
"of any part thereof, so far as it relates to such Foreign State, and so long
"as such law continues in force there, and no longer :
"Or direct that such law or Ordinance, or any part thereof, shall have effect in
" such British possession, with or without modifications and alterations, as
"if it were part of the said Act : "
And whereas by a certain Ordinance enacted in the year 1875 by the Governor of
Hongkong, with the advice of the Legislative Council thereof, and numbered 11 of the
said year, the short title of which is " The Extradition Ordinance ( Hongkong) , 1875,"
provision is made that all powers vested in, or acts authorized or required to be done,
under the Acts of the Imperial Parliament known as the " Extradition Acts, 1870 and
1873," by the Secretary of State or by the Police Magistrate, in relation to the surrender
of a fugitive criminal , which by the said Imperial Acts are in respect of British possessions
vested in or required to be done by the Governor alone, may, in respect of the Colony of
Hongkong, be exercised and done by the Governor or the Police Magistrate of the Colony
respectively :
And whereas the said Ordinance has been confirmed and allowed by Her Majesty :
Now, therefore, Her Majesty, in pursuance of " The Extradition Act, 1870, " and in
exercise of the power in that behalf in the said Act contained, doth by this present order,
by and with the advice of Her Majesty's Privy Council, direct that the said " Extradition
Ordinance (Hongkong) , 1875 ," shall have effect in the Colony of Hongkong, without
modification or alteration, as if it were part of " The Extradition Act , 1870. "
And the Right Honourable the Earl of Carnarvon, one of Her Majesty's Principal
Secretaries of State, is to give the necessary directions herein accordingly.
1390 ORDINANCE No. 12 OF 1875.
Rating.
No. 12 of 1875 .
Title. An Ordinance to consolidate and amend the Ordinances relating to the
Assessment and Collection of Rates in the Colony.
[ 7th September, 1875. ]
Preamble. HEREAS it is expedient to consolidate and amend the Ordinances relating to the
W assessment and collection of rates in Hongkong : Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
Short title.
1. This Ordinance may be cited for all purposes as "The Rating Ordinance ,
1875."
Interpretation. 2. In this Ordinance :
The term " City of Victoria " means the City of Victoria as bounded and
defined under the provisions of the " Victoria Registration Ordinance,
1866."
The term " Tenement " means any land, with or without buildings, which is
held or occupied as a distinct holding or tenancy ; and includes piers and
wharves erected in the harbour.
The term " Owner " means the holder of any tenement direct from the Crown
whether under lease, licence or otherwise, or the immediate landlord of
any tenement, or the agent of any such holder or landlord who is absent
or under disability.
Valuation - Appeal.
Appointment 3. The Governor in Council may, from time to time, appoint one or more valuers
of valuers.
[5 of 1863 s. 3. ]
for the purposes of this Ordinance, and may allow them such remuneration as he
thinks fit.
Valuation of
tenements to be 4. The valuers so appointed shall, in each year, before such day as the Governor
made.
[5 of 1863 secs. 3 in Council directs, make or cause to be made a valuation of the tenements in the
and 4.)
Colony, or of such part thereof as the Governor in Council directs.
Adoption of 5. The Governor in Counci may, in any year, adopt any existing valuation , either
existing
valuation for
the ensuing wholly or in part, as the valuation for the ensuing year, or for any part thereof ;
year.
[5 of 1863 s. 4.] and in such case shall cause notice of such adoption and of the extent thereof to be
published in the Gazette before the day for completing the valuation .
Any existing valuation so adopted shall, for the purposes of appeal , be considered
as a new valuation.
Powers of
valuers. 6. Any valuer may require the owner or occupier of any tenement to furnish him
[5 of 1863 s. 5.]
with the particulars specified in the headings to form A in the schedule hereto ; and
May, from time to time, enter into and upon any tenement for the purpose of
making a valuation thereof ; and
ORDINANCE No. 12 of 1875 . 1391
Rating.
If the owner or occupier refuse to allow him to enter any tenement, he may give
to such owner or occupier written notice requiring permission to enter ; and after
twenty-four hours from the delivery of such notice may, at any time during the day
time, enter into and upon the said tenements and inspect the same and, if necessary,
may use force to effect his entry, doing no more damage than is necessary for the
purpose.
Such notice may be given in the form B in the schedule hereto .
7. If any owner or occupier of a tenement refuses or neglects to furnish the Penalties.
[5 of 1863 s. 5.]
aforesaid particulars within one week after being required to do so ;
Or knowingly furnishes false or incorrect particulars ;
Or prevents, hinders, or obstructs any valuer from entering or inspecting any
.
tenement after delivery of such notice and after the lapse of twenty-four hours ;
He shall, on conviction in a summary way, be liable to a penalty not exceeding one
hundred dollars .
8. The valuers shall cause every tenement to be separately valued , and shall make Mode of
valuation.
the valuation thereof by estimating the gross annual rent at which such tenement may [♪ of 1863 s. 6. ]
reasonably be expected to let for the ensuing year.
In estimating the value of a tenement the value of any machinery contained therein
shall not be included.
9. As soon as the said valuation is completed , the valuers shall make out a list , List of
valuations.
divided into districts , of the several tenements valued, and of their respective valuations , [5 of 1863 s. 9.)
and shall deliver the same to the Colonial Secretary, not later than seven days after
the day for completing the valuation .
The valuers shall also make and subscribe, in the presence ofthe Colonial Secretary, To be verified by
declaration.
a declaration to the effect that the said list contains a true account of all valuations
made by the declarants, and that the same is, to the best of their knowledge and belief,
correct in all other particulars.
10. In making out the said list, the valuers shall distinguish all religious edifices, Religions edifices
and public build
ings to be
hospitals, and cemeteries, and all tenements, and portions of tenements of a public distinguished in
the list, and
nature or used for charitable purposes, or which are used and maintained for the exemptfrom
assessment.
purposes of science, literature, or fine arts exclusively, and not for pecuniary profit : [5 of 1863 s. 7.]
and all such edifices, hospitals, cemeteries, and tenements, or portions of tenements ,
shall be exempt from assessment and from the payment of rates.
11. The valuers shall, not later than seven days after the day for completing the Notice of the
valuation to be
given to each
valuation , leave or cause to be left with the occupier of every tenement, or with some tenement.
person resident therein, notice in writing of such valuation having been made and of
the amount thereof.
Such notice may be given in the form C in the schedule bereto ;
But the omission to leave such notice upon any tenement shall not invalidate the
valuation thereof, or relieve any person from payment of the rates.
1392 ORDINANCE No. 12 of 1875 .
Rating.
The list to be 12. The said list , or an examined copy thereof, shall be open to public inspection
open for
inspection at the
Colonial at the Colonial Treasury during office hours for fourteen days of which notice shall be
Treasury.
previously given in the Gazette.
Any owner or occupier of any tenement included in the said list may take any
extract therefrom without payment.
List to be 13. The Colonial Secretary shall cause copies to be made in English and Chinese
exhibited in
country districts.
of the list for each country district, and shall cause the copies to be exhibited in a
conspicuous place in the principal village of each district during the fourteen days last
above mentioned .
Appeal from 14. If any person feels himself aggrieved by such list on the ground that he is
rates.
15 of 1863 s. 11.] thereby rated for any tenement for which he is not rateable under this Ordinance ;
Or that any tenement for which he is rateable is valued beyond its full and fair
annual rental;
Or that any person or any tenement that ought to be inserted in such list is omitted
therefrom ;
Or that any tenement of any person is valued therein below its full and fair annual
rental ;
The person so aggrieved may, not later than fourteen days after the last day upon
which the list is open for inspection, appeal to the Supreme Court in its summary
jurisdiction .
Notice ofappeal. 15. The appellant shall give to the valuers notice in writing of his intention to
[5 of 1863 s. 11.]
appeal, and of the ground of appeal, seven days at the least before the holding of the
Court at which the appeal is to be heard ;
And when the ground of appeal is that any person or any tenement is omitted
from the said list, or that the tenement of any person is inserted therein below its full
and fair annual value, the appellant shall also give the like notice of appeal to the
person interested in the result of the appeal, and such person may be heard upon the
appeal.
Hearing of 16. The Court, upon proof of due notice having been given , shall hear and
appeal.
[5 of 1863 s. 11.]
determine the matter of the appeal in a summary way, and may make such order
therein as it thinks proper, with or without costs to any party ; and may direct the
officer of the Court to amend the said list in such manner as the Court directs ; and
the officer shall forthwith, in open Court, make the necessary amendments.
The determination of the Court shall be final and conclusive.
Assessment.
The Governor in 17. After the time for appealing has expired, the Governor in Council shall
Council to fix the
rates of examine the said list, or amended list , and assess all tenements mentioned therein, in
assessment.
[5 of 1863 s. 12.]
the sums necessary to be levied in the ensuing year for the purposes of police , lighting,
water and fire brigade rates ; but so that the Police assessment do not, in any year,
exceed a rate equal to the expenses of the Police establishment for such year, and so
that the other assessments do not exceed :
ORDINANCE No. 12 of 1875 . 1393
Rating.
For the water rate, two per centum on the gross annual rental of the several [12 of 1830 s. 4.]
tenements assessed ;
For the lighting rate, one and a half per centum on the said gross annual rental ; [5 of 1863 s. 12.]
For the fire brigade rate, three quarters per centum on the said gross annual [4 of 1868 s. 8.]
rental.
13. The Governor in Council shall, on the above scale, assess all tenements situate Rates in the City
of Victoria.
in the City of Victoria, to all the above mentioned rates.
Police rate in
19. The Governor in Council may assess to the Police rate at a certain fixed country districts.
[5 of 1863 s. 18.]
amount any tenement situate outside the City of Victoria ; but so that the amount
assessed do not exceed the sum for which the tenement would have been liable if situate
within the City.
Rates to be
20. The said rates shall be assessed as from the first day of January in each year, assessed for a
year, and payable
or from such other day as the Governor in Council may appoint ; and though assessed in advance.
15 of 1853 s. 12,
separately, shall be levied as one rate, and shall be paid in advance at the Colonial 13 and 11 of 1867
s. 3.3
Treasury at such times as the Governor in Council may appoiut. The Governor in
Council shall appoint the days of payment at the time of assessing the rates, and shall
forthwith cause the rate of assessment and the days of payment to be published in the
Gazette.
Valuation of improved tenements.
Valuation of new
21. The Governor in Council may, at any time, direct the valuers to make a buildings.
valuation of any tenement within the Colony, upon which buildings have been erected
or completed, or to which other improvements have been added after the valuers have
made out the aforesaid list.
22. The valuers shall make such valuation in the manner hereinbefore prescribed, Mode of
"valuation.
and may exercise similar powers of entry and inspection , and shall notify to the Colonial
Secretary the amount of such valuation when made. The valuers shall also , without
delay, leave or cause to be left with the occupier of the tenement, or with some person
resident therein, notice in writing of such valuation having been made, and of the
amount thereof.
Such notice may be given in the form C in the schedule hereto.
The tenement shall not be liable to be assessed until such notice is left.
23. If any person feels himself aggrieved by such valuation, on the ground that Ap , cal rem
valuation.
the tenement is not rateable under this Ordinance, or that the tenement is valued
beyond its full and fair annual rental, the person so aggrieved may, not later than
fourteen days after the said notice is left, appeal to the Supreme Court in its summary
jurisdiction .
24. The appellant shall give to the valuers notice in writing of his intention to Notice of appeal.
appeal, and of the ground of appeal, seven days, at the least, before the bolding of the
Court at which the appeal is to be heard.
•
1394 ORDINANCE No. 12 of 1875 .
Rating.
Hearing of 25. The court, upon proof of due notice having been given, shall hear and
appeal.
determine the matter of the appeal in a summary way, and shall make such order
therein as it thinks proper, with or without costs to either party.
The determination of the Court shall be final and conclusive.
A copy of the order made by the Court shall be forwarded to the Colonial Secretary.
Assessment of 26. After the time for appealing has expired, the Governor in Council shall assess
rates.
the tenement in the sum proper be levied thereon in the current year for the purposes
of the aforesaid rates according to the scale hereinbefore prescribed .
Payment. 27. The rates so assessed shall be first paid on the next day appointed for the
payment of rates, and shall thereafter continue to be payable as if they were included
in the general list .
Payment--Refund.
Rates to be an 23. The owners and occupiers of all tenements shall be liable to the Crown for
occupier's tax.
[11 of 1857 s. 3.] payment of the rates assessed thereon , but the same shall be deemed an occupier's
tax ; and, as between the owner and occupier of any tenement, shall, in the absence of
any agreement to the contrary, be borne by the occupier ; and the amount thereof, if
paid by the owner, may be recovered by him from the occupier in an action for money
paid to his use, or, if he is still in occupation of the tenement, by distress in the same
manner as for rent at common law.
• Application 29. The rates paid into the Colonial Treasury shall be applied in payment of the
of rates.
Police establishment and of the expenses connected therewith ;
In payment of the expenses connected with lighting the City of Victoria ;
In maintaining the water works and in payment of the expenses connected there
with ;
And in maintaining the fire brigade, and in payment of the expenses connected
therewith.
Recovery of 30. If any person fail to pay any rates for which he is liable, upon the day notified
rates.
[11 of 1867 s. 4.] in the Gazette as the day for payment, the Colonial Treasurer may recover the same
See Ordinance 13
of 1875.
by suit in the summary jurisdiction of the Supreme Court, together with interest at
the rate of twelve per centum per annum until the day of payment.
Refund of rates 31. Whenever any tenement is unoccupied during any quarter or other period in
for uninhabited
tenement.
[11 of 1867 8. 5.] respect of which the rates upon such tenements were paid in advance, or during any
one or more entire months of such period , or an amount proportioned to the months
when the tenement was unoccupied .
Mode of obtain 32. Such refund may be obtained in the following manner :
ing refund.
[11 of 1867 s. 5.1
(a.) The person claiming the refund, or some person on his behalf, shall,
within fifteen days after such quarter or other period expires, file in the
summary jurisdiction of the Supreme Court a petition in the form D
in the schedule hereto, verified by the affidavit or declaration of the
petitioner.
ORDINANCE No. 12 of 1875. 1395
Rating.
(b.) The Court shall refer every such petition to the Colonial Treasurer, who [14 of 1873 s. 14.]
shall return the same to the Court with an endorsement to the effect
that the claim , or any portion thereof, is admitted, or that it is not
admitted, as the case may be, and in case the claim , or any portion
thereof, be not admitted , the Colonial Treasurer, or some person on
his behalf, shall appear in opposition thereto on such day as the Court
shall appoint.
(c.) If the Court is satisfied that the petitioner is entitled to the refund [ 11 of 1867 s. 3.]
claimed, or to any portion thereof, the Judge shall certify to the
amount by endorsement on the petition in the form E in the schedule
bereto.
33. The Court may adjudicate upon a petition for a refund of rates, although the Court may
entertain peti
claim exceeds one thousand dollars : and for the purpose of such adjudication, may tion exceeding
$1,000.
[ 11 of 1867 s. 6.]
receive any evidence it thinks fit.
34. The Colonial Treasurer may refund any amount certified by the Judge, upon Colonial Treas
urer to refund
delivery of a copy of the certificate sealed with the seal of the Court, and bearing the upon a copy of
the certificate.
[ 11 of 1867 s. 7..
petitioner's receipt for the amount.
35. The Governor may, if he thinks fit, for any cause whatever, order the Colonial Governor may
order refund.
Treasurer to refund the whole or any portion of any rates paid by any person. [11 of 1867 s. 8.1
Misnomer- Regulations - Repeal.
36. No misnomer or inaccurate description of any person , place, or tenement in Misnomers, &c.,
not to affect the
any document required for the purposes of this Ordinance, nor any mistake, infor execution of
this Ordinance.
[5 of 1863 s. 19 :
mality, or omission committed in any proceeding had hereunder, shall invalidate
or prejudice such document or proceeding, or in anywise affect the execution of this
Ordinance, provided that such person, place, or tenement be designated in such docu
ment or proceeding to common intent and understanding, and that such mistake ,
informality, or omission be not of such a nature as to prevent the requirements of this
Ordinance from being substantially complied with.
37. The Governor in Council may, from time to time, make, alter and repeal Regulations.
regulations for the better and more effectual carrying out of the provisions of this
Ordinance. All such regulations shall be published in the Gazette, and when so
published shall have the force of law.
38. This Ordinance shall take effect upon a day to be hereafter proclaimed by the Commencement
and repeal.
Governor, and thereupon the following Ordinances and sections of Ordinances shall be
and they are hereby repealed : ---
Ordinance 12 of 1860,
99 5 of 1863 , The whole.
"" 11 of 1867,
"" 4 of 1868, ...Sections 8 and 9.
99 14 of 1873, "" 14.
1396 ORDINANCE No. 12 OF 1875 .
Rating.
But this repeal shall not revive any enactment repealed by any of the said Ordinances
and shall not affect the validity of any rate made before the commencement of this
Ordinance, or the liability of any person to pay such rates, or the remedies for recover
ing such rates, and the said remedies may be enforced as if this Ordinance had not
been passed .
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Form A.
FOR THE ASSESSMENT OF THE YEAR 187
To owner or occupier [ as the case may be] of
In pursuance of " The Rating Ordinance, 1875," we require you to furnish us with the particulars
relating to this tenement in the manner specified in the document hereunto annexed , and return the
same to us at within one week from the date hereof.
Dated this day of 187 •
Valuers under " The Rating Ordinance, 1875."
FOR ASSESSMENT OF THE YEAR 187 .
Return of houses, buildings, and lands, at in the Colony of Hongkong,
of which the undersigned is owner.
tenement
Remarks
Description of
tenement.I If let or leased, the
the
1. Whether dwell
No.
Name of No. and descrip Whether occupied Actual amount period of the tenure,
of
ing-house with' or vacant. when entered upon,
.
street, tion of land of rent per
.
road, lot, whether outhouses, garden, Ifthe former, name annum in dollars and whether the
or marine or &c., occupied there and calling of the for each premises are kept
inland. with, or occupier, whether tenement. in repair by the
place. 2. Warehouse or owner or lessee. owner or the lessee
other building, &c. at his own cost.
separately occupied.
Form B.
FOR THE ASSESSMENT OF THE YEAR 187
Το occupier of
We hereby give you notice under the provisions of section 6 of " The Rating Ordinance, 1875," that
we require permission to enter upon the above tenement for the purpose of inspecting the same so as
to enable us to fix the valuation thereof for the year 187 : and that we intend to enter upon the said
tenement on day next between the hours of and
Valuers under “ The Lating Crăinance, 1875.”
Victoria, Hongkong, the 187 .
·
ORDINANCE No. 12 of 1875 . 1397
Rating.
Form C.
VALUATION FOR THE YEAR 187 UNDER " THE RATING ORDINANCE, 1875."
No.
To
or occupier or holder of the tenement hereunder
enumerated
at
Under the provisions of section 11 of the said Ordinance, the undersigned hereby inform you that
the tenement specified in the statement given below ha been valued to the rates for the said year
at the gross annual rental therein separately specified.
STATEMENT.
Number and Gross annual
Rating No. Registrar
General's No. lotdescription of land Name of street, Description
tenement.
of
rental. Remarks.
on which situated . road, or place."
Valuers under " The Rating Ordinance, 1875."
Form D.
IN THE SUPREME COURT OF HONGKONG , SUMMARY JURISDICTION .
The day of 187
In the matter of A. B. and " The Rating Ordinance , 1875."
The humble petition of A. B.
sheweth :
[ State briefly the grounds on which a refund is claimed.]
And your petitioner will , & c.,
I, A. B., make oath and say [or declare, as the case may be] that the matters above contained are
true in substance and in fact.
Sworn [ or declared ] before me.
Form E.
IN THE SUPREME COURT OF HONGKONG , SUMMARY JURISDICTION.
The day of 187 .
In the matter of A. B. and .. The Rating Ordinance, 1875."
I hereby certify that A. B. has proved to my satisfaction that he is entitled to a refund of the rates
paid by him amounting to $
C. D. ,
Judge.
[In force from the 1st January, 1876, by proclamation 16th September,
1875: Repealed by Ordinance No. 21 of 1885. ]
1398 ORDINANCE No. 13 OF 1875.
Crown Remedies.
No. 13 of 1875.
Title.
An Ordinance for consolidating and amending the law relating
to the speedy recovery of Crown Debts for Rents and for
Assessments, Fees and Forfeitures.
[ 7th September, 1875. ]
BE it enacted by the Governor of Hongkong , with the advice of the
ВЕ
Legislative Council thereof, as follows :
Short title. 1. This Ordinance may be cited as " The Crown Remedies Ordi
nance, 1875."
Colonial 2. Whenever any person makes default in payment of any sum of
Treasurer
may sue for money due or payable by him to the Crown in respect of rent , or of any
rent, assess
ments and assessment for rates, or in respect of any fees or forfeitures, or of any
fees.
(9 of 1869 instalment thereof, the Colonial Treasurer may recover the same by suit
s. 2. ]
in the Summary Jurisdiction of the Supreme Court ; and may do so
although the amount claimed exceed one thousand dollars .
Service of 3. The writ of summons in any such suit shall be taken to have
writ of sum
mons. been duly served , if it appear to the satisfaction of the Court that the writ
[9 of 1869
s. 4. ] was left at the defendant's residence or place of business , or in case the
same is unknown then that it was left on the tenement or premises in
respect of which the claim is made.
Certificate of 4. A certificate purporting to be under the hand of the Colonial
Colonial
Treasurer to Treasurer, and setting forth that the sum claimed is due or payable to the
be evidence.
[9 of 1869 Crown, and that the person sued is liable to the payment thereof, and
s. 2. ]
specifying the nature and particulars of the claim, shall be primâ facie
evidence of the facts certified therein and of the signature of the Colonial
Treasurer thereto.
Form of Such certificate shall be sufficient ifmade in the form in the schedule
certificate.
[ 14 of 1873 hereto, or to the like effect .
s. 15. ]
Surveyor Ge 5. In suits for the recovery of Crown rents , the certificate shall not
neral to sign
certificate for be sufficient unless it purports to be signed by the Surveyor General
recovery of
Crown rent. [" Land officer " as amended by Ordinance No. 3 of1888 , ] as well as by the
(14 of 1873
s. 16. ] Colonial Treasurer.
Colonial 6. In all matters under this Ordinance, the Colonial Treasurer shall
Treasurer
may appear sue as Colonial Treasurer , but may be represented in the Court by any
by any
person. person whom he shall appoint in that behalf.
[9 of 1869
8. 5.]
ORDINANCE No. 13 OF 1875 . 1399
Crown Remedies .
Court may
7. In all cases under this Ordinance, the Court may award interest award inter
est.
at the rate of twelve per centum per annum upon the sum recovered from
[9 of 1869
the day when the same became due or payable. s. 3. ]
8. Nothing herein contained shall affect any other remedy of the Saving of
other reme
Crown for the recovery of such sums as aforesaid. dies of the
Crown.
[9 of 1869
s. 6. ]
9. The Colonial Treasurer may, with the approval of the Court, Colonial
Treasurer
appoint a special bailiff for the service of process in proceedings under this may appoint
a special
Ordinance ; and such special bailiff shall have in respect of such proceed bailiff.
[14 of 1873
ings, the like powers, and shall be entitled to receive the same fees for the s. 17. ]
service of process therein as the bailiff of the Supreme Court.
10. This Ordinance shall take effect upon a day to be hereafter pro Commence
ment and
claimed by the Governor ; and thereupon Ordinance No. 9 of 1869 , and repeal.
sections 15 , 16 , 17 , and 18 of Ordinance No. 14 of 1873 shall be and they
are hereby repealed .
If an
y proceedin have been comme under the said Ordina
nc nces
gs ed
before the repeal thereo , such proce may be comple , a n d the
f ed ings ted
sums claime may be recove , a s i f t h O
is rdinanc h n b p
ad ot een assed .
d red e
SCHEDULE .
Form of Colonial Treasurer's certificate under section 4.
Nature and particulars ofclaim for Crown rent.
2 3 4 5
No. of crown lot in Whether defendant is
Name of Amount respect of which the original lessee or For what period the
defendant. claimed. rent claimed and
rent is claimed. Term assignee in possession by when due.
of lease. purchase or mortgage.
1400 ORDINANCE No. 13 OF 1875 .
Crown Remedies.
Nature and particulars of claims for police, lighting, water, and
fire brigade rates.
1 2 3 4 15
Name of No. of tenement in Whether defen lant For what period rates
Amount respect of which is owner or claimed and when
defendant. claimed.
rates payable. occupier. due.
Nature and particulars of claims for spirit licence fees.
1 2 3 5
Whether original For what period, and
Name of Amount Number, date and whether entire fee or
defendant. claimed. licensee or transferree
period of licence. of licence. instalment, and
when due.
I hereby certify that the several persons whose names are entered in the first
column of the above schedule have made default in the payment to the Crown of the
sums appearing opposite to their respective names in the second column, and that the
said persons are severally liable to the payment thereof in respect of the claims, the
nature and particulars of which are truly set forth opposite their respective names in the
third, fourth, and fifth columns.
Dated the. 187
"
Colonial Treasurer.
or (in suits for crown rent ,)
I, A.B. , Colonial Treasurer of Hongkong, do hereby certify that the several persons
whose names are entered in the first column of the above schedule have made default
in the payment of the sums appearing opposite to their respective names in the second
column, in respect of the crown rent, and I, A.B. , Surveyor General, do hereby certify
that the particulars of the above claims for crown rent against such persons are truly
set forth opposite their respective names in the third, fourth, and fifth columns.
Dated the 187 .
Colonial Treasurer.
9
Surveyor General.
[In force from the 18th September, 1875, by proclamation ofthe 16th
September, 1875. ]
ORDINANCE No. 14 of 1875 . 1401
Marriage.
No. 14 of 1875.
Title.
An Ordinance to provide a general Register of Marriages cele
brated in Hongkong.
[ 7th September, 1875. ]
HEREAS it is expedient that marriages celebrated in the Colony Preamble.
WHERE
of Hongkong should be systematically recorded in one general
register : Be it enacted by the Governor of Hongkong, with the advice of
g
the Legislative Council thereof, as follows :
1. This Ordinance may be cited for all purposes as " The Marriage Short title.
Ordinance, 1875."
2. Every minister of religion or other person who has in his custody Existing
registers or
any register or other official record of marriages heretofore celebrated in copies thereof
to bedelivered
the Colony may, within three months after this Ordinance takes effect , to the Regis
trar General.
deliver to the Registrar General the said register or official record , or a
copy thereof, omitting, if desired , any matters of a private or confidential
nature.
3. Every person delivering a copy shall append thereto a certificate Copies to be
certified .
in the following form : —
I , A. B. , & c. , do certify that the above
written pages are a true copy (excepting only matters of
a private or confidential nature ) of the register [ or official
record ] of marriages heretofore celebrated in St. John's Cathedral
Church [ or as the case may be ] and that the original is in my
custody .
Dated the day of 187 .
( Signed , ) . A. B.
4. The Governor may defray, from the public revenue of the Colony , Expenses may
be defrayed
all proper expenses connected with the delivery of the said registers or from public
revenue.
official records , or of making and delivering copies thereof.
5. The Registrar General shall be Registrar of Marriages , and, to Registrar of
marriages and
assist him, the Governor may appoint one or more Deputy Registrars , deputies.
and such deputies may celebrate marriages , and may exercise all the other
powers, and perform all the duties conferred upon the Registrar General
by this Ordinance, and all acts done by a deputy shall be as valid as if
done by the Registrar General.
1402 ORDINANCE No. 14 OF 1875 .
Marriage.
The Governor
may license 6. The Governor may license any place of public worship to be a
places of place for the celebration of marriages, and may, at any time, cancel any
worship.
such licence.
Licences to be 7. Whenever the Governor grants or cancels any such licence , the
gazetted.
Registrar General shall give public notice thereof in the Government
Gazette.
Preliminaries to marriage.
Notice of 8. Whenever, after this Ordinance takes effect, any persons desire
intended
marriage. to marry, one of the parties to the intended marriage shall give notice
thereof to the Registrar General in the following form :
NOTICE OF MARRIAGE .
To the Registrar General of Hongkong.
I hereby give you notice that a marriage is intended to be had,
within three months from the date hereof, between me and the other
party herein named.
Rank or Dwelling Consent, if any ,
Name. Condition. Age.
Profession . Place. by whom given.
Name. Bachelor
of or
Bridegroom, Widower,
Name of Spinster or
Bride, Widow.
Witness my hand this day of 187
(Signature of party giving the notice.)
Every such notice shall be signed by the party giving notice .
Notices to be 9. The Registrar General shall file every such notice in his office ; he
filed and
copies made shall , as heretofore, exhibit one copy of such notice at the Supreme Court
by the Regis
trar General. House , and may, if he thinks fit , exhibit copies in other conspicuous
places open to the public, and shall keep every such copy so exhibited
until he issue a certificate as hereinafter mentioned , or until the three
months expire ; he shall also enter a copy of the said notice with the
date of such entry in a book to be called the " Marriage Notice Book , "
and shall allow any person to inspect such book during office hours
without fee.
ORDINANCE No. 14 OF 1875 . 1403
Marriage.
10. The Registrar General shall supply forms of notice gratuitously Forms of
notice to be
to persons applying for the same . supplied
gratis.
11. At any time not more than three months nor (except when the Registrar
General may
Governor grants a licence ) less than fifteen days after the giving of such issue certifi
cate.
notice, the Registrar General shall, on the request of either of the parties ,
issue a certificate in the form A in the schedule hereto .
12. The Governor may , at any time after a party has given notice After notice
the Governor
as aforesaid, grant a licence in the form B in the schedule hereto, autho may grant a
licence.
rising the Registrar General to issue his certificate on or after any day
named in such licence .
13. If the marriage do not take place within three months after If marriage
do not take
giving the above notice, the notice given and all proceedings thereupon place infresh
three
months
shall be utterly void, and fresh notice will be required before any marriage notice to be
given.
can be had between the parties .
14. The Governor may, when he sees fit , grant a special licence in Special
licence in case
the form C in the schedule hereto, dispensing with notice as aforesaid, or of emergency .
with the certificate ofthe Registrar General, or with both, and authorising
the celebration of a marriage between the parties named at a place and at
a time specified in the licence .
The Governor may, when he sees fit, grant such licence without
payment of any fee, or on payment of such reduced fee as under the
special circumstances of the case he thinks sufficient.
15. Before the Registrar General issues any certificate, and before Affidavit
before issue
the Governor grants any licence, one of the parties to the intended of certificate
or licence.
marriage shall appear personally before the Registrar General and make
affidavit ( which the Registrar General is hereby authorised to take ) that
he or she believes that there is not any impediment of kindred or alliance
or any other lawful hindrance to the marriage, and either that the consent
of the parties required by law to consent to the marriage has been obtained
or that no such consent is required .
16. If either party to the intended marriage, not being a widower Consent of
parents or
or a widow, is under twenty-one years of age, the written consent of the guardians to
marriage of .
father, or ( if he be dead or non compos mentis) of the mother, or ( if both minors.
be dead or non compotes mentis ) of the lawful guardian of such party,
must be produced to the Registrar General before he issues a certificate,
or to the Governor before he grants a licence.
1404 ORDINANCE No. 14 OF 1875.
Marriage.
If no parent 17. If there be no parent or guardian of such party residing in the
or guardian,
Registrar Colony and capable of consenting, the Registrar General may give his
General may
consent. consent in writing to the marriage, if upon enquiry the marriage appear
to him to be proper, and such consent shall be as effectual as ifthe father
or mother or guardian had consented .
Issue of cer 18. Any person whose consent is required as aforesaid may forbid
tificate may
be forbidden . the issue of the Registrar General's certificate by writing the word
" Forbidden " opposite the entry in the marriage notice book, and by
signing his name and the character in which he forbids the issue ; and if
the issue of any certificate be so forbidden , the notice and all proceedings
thereupon shall be void.
The Registrar 19. If either of the parties to the intended marrriage allege that the
General may
enquire into person forbidding the issue is not authorised by law so to do, the
the right to
forbid. Registrar General shall enquire into the matter, and if he be satisfied that
the person is not so authorised, he may proceed to issue the certificate in
due course without reckoning the time that has elapsed since the issue
was forbidden .
For the purposes of such enquiry, or of any enquiry under section 17 ,
the Registrar General may administer an oath to any person.
Appeal to the 20. Ifthe Registrar General considers that the person forbidding the
Supreme
Court. issue is authorised so to do , either of the parties to the intended marriage
may appeal by petition to the Supreme Court, and the court, or any judge
thereof, may hear and determine the matter of the petition in a summary
way.
Such determination shall be final ; and the Registrar General shall
proceed in accordance therewith , without reckoning the time that has
elapsed since the issue was forbidden.
Penalty for 21. Ifany person wilfully makes any false statement in any affidavit
false state
ment.
as aforesaid , or wilfully makes on oath any false statement or gives any
false answer in any enquiry by the Registrar General, he shall , on
conviction before the Supreme Court, be liable to be imprisoned for any
term not exceeding two years with or without hard labour.
Celebration of marriage.
Marriage in 22. Marriages may hereafter be celebrated in any licensed place of
licensed
places of worship by any competent minister of the church , denomination , or
worship.
body to which such place of worship belongs, and according to the rites
ORDINANCE No. 14 of 1875 . 1405
Marriage.
or usages of marriage observed in such church, denomination , or body ,
provided that the marriage be celebrated with open doors , and , ( except in
case of a special licence ) , between the hours of six o'clock in the morning
and six in the afternoon , and in the presence of two or more witnesses
besides the officiating minister.
No minister shall celebrate any marriage, until the parties deliver to
him the Registrar General's certificate or the Governor's special licence .
23. The Registrar General shall cause to be prepared and delivered Marriage
certificates .
to the several licensed places of worship books of marriage certificates in
duplicate and with butts in the form in the schedule hereto . The
certificate shall be signed in duplicate by the officiating minister, by the
parties, and by two or more witnesses to the marriage.
The minister shall deliver one certificate to the parties , immediately
after the marriage, and shall transmit the other to the Registrar General
within seven days thereafter, and the Registrar General shall file the same
in his office.
The officiating minister shall enter in the butt the names of the parties
and the date of the marriage.
24. After the issue of a certificate by the Registrar General , the Marriage
before the
parties may, if they think fit, contract a marriage before the Registrar Registrar
General.
General, in the presence of two or more witnesses , in the Registrar
General's office , with open doors , and ( except in case of a special licence ) ,
between the hours of ten o'clock in the forenoon and four o'clock in the
afternoon, and in the following manner :
The Registrar General , shall first address the parties to the following
effect : -" Know ye, A.B. and C.D. , that by the public taking of each
Other as man and wife in my presence and in the presence of the persons
now here, and by the subsequent attestation thereof by signing your names
to that effect, you become legally married to each other although no other
rite of a civil or religious nature shall take place ; and know ye further
that this marriage cannot be dissolved during your life time, except by a
valid judgment of divorce , and that if either of you , before the death of the
other, shall contract another marriage while this remains undissolved , you
will thereby be guilty of bigamy, and be liable to the punishment inflicted
for that grievous offence. "
Each of the parties shall then say to the other " I call upon all persons
here present to witness that I , A.B. , do take thee, C.D. , to be my lawful
wife [or husband ]. "
1406 ORDINANCE No. 14 OF 1875.
Marriage.
The Registrar General and the parties and witnesses shall thereupon
sign duplicate certificates in the form and inanner hereinbefore prescribed .
The Registrar General shall deliver one certificate to the parties and
shall file the other in his office.
Marriages by 25. Whenever the Governor's special licence authorises the celebra
special licence
at other tion of a marriage at a place other than a registered place of worship , or
places.
the office of the Registrar General , the Registrar General upon taking the
affidavit of one of the parties to the marriage, shall deliver to him a blank
certificate of marriage in duplicate, and the minister celebrating the
marriage, the parties and two witnesses shall sign the same, in manner
hereinbefore prescribed , and the minister shall deliver one certificate to
the parties immediately after the marriage and shall transmit the other to
the Registrar General within seven days thereafter , and the Registrar
General shall file the same in his office .
Certificates
26. The Registrar General shall register all certificate of marriage
how filed.
filed in his office in such order and manner as he thinks best suited for
casy reference thereto .
Certificates 27. Any certificate of marriage filed in the office of the Registrar
or certified
copies to be General, or a copy thereof, provided it purport to be signed and certified
evidence.
as a true copy by the Registrar General, and to be sealed or stamped with
his official scal , shall be admissible as evidence of the marriage to which
the same relates in any Court of Justice, or before any person now or
hereafter having by law or by consent of parties authority to hear, receive
and examine evidence .
Correction of 28. The Registrar General may, when authorised by the Colonial
errors in
certificate. Secretary, correct any clerical error in any certificate of marriage upon
production to him of the certificate delivered to the parties , and shall
authenticate every such correction by his signature, or by marking the
same with his initials, and the date of making the correction .
Invalid 29. No marriage shall be valid which would be nuli and void on
marriages.
the ground of kindred or affinity in England or Wales .
A marriage shall be null and void if both parties knowingly and
wilfully acquiesce in its celebration in any place other than the office of
the Registrar General or a licensed place of worship (except when
authorised by special licence ) , or under a false name or names , or without
certificate of notice or licence duly issued , or by a person not being a
competent minister, or the Registrar General or his deputy.
ORDINANCE No. 14 OF 1875. 1407
Marriage.
But no marriage shall , after celebration , be deemed invalid by reason
that any provision of this Ordinance other than the foregoing has not
been complied with.
30. All marriages celebrated under this Ordinance shall be good Marriages
under this
and valid in law to all intents and purposes . Ordinance
valid.
• Marrying
31. Whosoever, knowing that the written consent of the proper minors with
person as herein prescribed has not been obtained , shall marry or assist or out consent of
properperson.
procure any other person to marry a minor under the age of twenty- one
years , not being a widow or widower, shall be guilty of a misdemeanor,
and upon conviction thereof, before the Supreme Court, shall be liable,
at the discretion of the Court , to be imprisoned for any term not exceeding
two years with or without hard labour.
Any minister shall be guilty of a misdemeanor who wilfully celebrates
a marriage, in the case of a minor, without such written consent as
herein prescribed , or who wilfully celebrates a marriage, contrary to
any other provision of this Ordinance, or knowing that any provision of
this Ordinance has not been complied with , and upon conviction thereof,
before the Supreme Court, shall be liable, at the discretion of the Court,
to be imprisoned for any term not exceeding two years.
32. Any minister who, after celebrating a marriage, fails to transmit Penalty for
failing to
the certificate thereof to the Registrar General within seven days there transmit
certificate of
after, shall be liable to a penalty not exceeding fifty dollars. marriage.
33. Whosoever wilfully removes , defaces, alters , or destroys any Penalty for
defacing
copy of a notice of intended marriage, shall be liable to a penalty not notices.
exceeding twenty - five dollars.
34. Whosoever knowingly and wilfully celebrates or pretends to Persons undu
ly celebrating
celebrate a marriage , not being legally competent so to do, shall be guilty marriage.
of a misdemeanor, and being convicted thereof before the Supreme Court,
shall be liable, at the discretion of the Court, to be imprisoned for any
term not exceeding two years with or without hard labour.
35. All penalties for offences against this Ordinance may be Penalties.
recovered in a summary way before any Magistrate.
36. The fees specified in the schedule hereto shall be paid to the Fees.
Registrar General for the several matters to which they are applicable,
and shall be by him paid into the Colonial Treasury. 3
1408 ORDINANCE No. 14 OF 1875 .
Marriage.
Remission. 37. The Registrar General may, in cases when he is satisfied of the
poverty of the parties, reduce the amounts of the said fees , or even remit
them altogether.
Forms. 38. The forms contained in the schedule hereto may be used in the
cases to which they are applicable with such alterations as circumstances
render necessary .
Application 39. This Ordinance shall apply to all marriages where one or both
of Ordinance.
the parties profess the Christian religion .
Suspending 40. This Ordinance shall not come into operation until Her Majesty's
clause.
confirmation thereof shall have been proclaimed in the Colony by the
Repeal. Governor, and thereupon Ordinance No. 1 of 1852 , and Ordinance No. 4
of 1875 shall be and the same are hereby repealed ; but such repeal shall
not affect anything theretofore lawfully done under either of the said
Ordinances .
SCHEDULE .
Form A.
Registrar General's Certificate.
I, , Registrar General for the Colony of Hongkong, do hereby
certify that on the day of notice was duly entered in the
marriage notice book of the said Colony of the marriage intended to be had between
the parties herein named and described .
Names. Condition. Rank or Profession . Age. Dwelling Place.
Date of notice entered 187. The issue of this certificate has not been
Date of certificate given 187 forbidden by any person authorised to
forbid the issue thereof.
Witness my hand this day of 187 .
Registrar General.
This certificate will be void unless the marriage is solemnised on or before the
day of 187 .
This certificate is issued by virtue of the Governor's licence dated the
day of 187
ORDINANCE No. 14 OF 1875. 1409
Marriage.
Form B.
Marriage Licence.
Ordinance No. of 1875 , section 12.
Whereas on the day of 187 " notice was given to the Registrar
General of a marriage intended to be had between A. B. and C. D. therein mentioned,
and the said A. B. desires to obtain a licence for the immediate issue of a certificate of
such notice, and has made before the said Registrar General the affidavit required by
" The Marriage Ordinance, 1875 ," section 15 .
Now, therefore, in pursuance of the said Ordinance, I do hereby authorise the said
Registrar General to issue the said certificate, at any time on or after the
day of , and within three calendar months of the said day of *
Given under my hand this day of 187 .
"
Governor.
The date of the notice.
Form C.
Special Licence.
Ordinance No. of 1875 , section 14 .
Whereas A. B. and C. D. desire to marry, and sufficient cause has been shown to
me why such marriage should be allowed without the formalities prescribed by " The
Marriage Ordinance, 1875. "
Now, therefore, in pursuance of the said Ordinance, I do dispense with the giving
of notice and the issue of the certificate thereby prescribed [ or as the case may be] and
do hereby authorise any competent person to celebrate marriage between the said A.
and C. D. at [place of celebration] upon the day of 187 "
between the hours of in the forenoon and in the afternoon .
Given under my hand this day of 187
Governor.
1410 ORDINANCE No. 14 OF 1875.
Marriage.
FORM OF CERTIFICATE .
Hongkong Ordinance No. of 1875, sec. 23. Hongkong Ordinance No. of1875, sec. 23.
18 Marriage solemnised in the at in Hongkong. 18 - Marriage solemnised in the at in Hongkong.
n
n
Residence
e
Whether
Whether
Butt. Certificate of marriage . Certificate of marriage.
professio
surnames
professio
surnames
Residenc
sion
.profession
Father's
Father's
Names
Names
Rank
Rank
time
time
name
.married
profes
name
marriage
age
full
age
full
Condition
marriage
Rank
the
married
ion
and
and
Rank
the
or
or
of
and
of
of
at
or
When
and
or
of
.surname
surname
at
When
or
.
.
Condit
or
m.ainor
.ma inor
father
.
father
.of
.of
.
.
.
.
.
.
No. No.
Date 187
Name of husband
Name ofwife
Married in the -according to the rites and Married in the -according to the rites and
ceremonies of the -by- -by for before] me, ceremonies of the -by -by [or before] me,
This marriage was in the pre This marriage was in the pre
solemnised be sence of us, solemnised be sence ofus,
tween us, tween us,
TABLE OF FEES.
Notice of marriage, section 8, .... ........Nil.
Certificate of notice, section 11 , .....One dollar.
Marriage licence, section 12, ...... Five dollars.
Special licence, section 14, ....... ……………………. Twenty- five dollars.
Marriage at the office of the Registrar General, ...Two dollars .
[ Confirmation proclaimed 1st March, 1876, and in force from that date.]
For Registrar General's Notice of the 2nd March, 1876, of the grant by the
Governor oflicences for the celebration of marriages pursuant to section 6 of the said
Ordinance, see Gazette 4th March, 1876.
For Registrar General's Notice ofthe 15th July, 1889, as to licensing the Wesleyan
Chapel in No. 127, Wellington Street, as a place for the celebration of marriages,
see Gazette 20th July.
ORDINANCES Nos. 14 AND 15 OF 1875 . 1411
Marriage. Revenue.
For Registrar General's Notice ofthe 25th January, 1890, as to licensing the premises
known as St. Stephen's Church, situate in the upper floor ofthe Church Mission School
in New Street, as aplace for the celebration ofmarriages, see Gazette 25th January, 1890
Registrar General's Notice. ( Gazette 11th October, 1890. )
The Marriage Ordinance, 1875.
Notice is hereby given that the following places of public worship have, in accordance
with section 6 of the said Ordinance, been licensed by the Governor for the celebration
of marriages.
1. St. John's Cathedral, Victoria.
2. St. Peter's Church, Victoria.
3. Berlin Foundling House Chapel, " Bethesda," Victoria.
4. Basel Mission Chapel, Victoria.
5. The Church of the Immaculate Conception , Victoria.
6. The Church of St. Francis Xavier, Victoria .
7. St. Paul's College Chapel, Victoria.
8. The To-tsai Chapel, Victoria.
9. The Wesleyan Chapel in No. 127 , Wellington Street, Victoria.
10. The premises known as St. Stephen's Church , situate in the upper floor of
the Church Mission School in New Street, Victoria .
No. 15 of 1875.
An Ordinance to apply a Sum not exceeding Seven hundred and Sixty Title.
seven thousand Dollars to the Public Service of the Year 1876 .
[ 22nd September, 1875. ]
THEREAS the expenditure required for the service of this Colony for the year Preamble.
W 1876 has been estimated at the sum of seven hundred and sixty-six
thousand and twenty- nine dollars and sixty cents : Be it enacted by the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. A sum not exceeding seven hundred and sixty-seven thousand dollars shall be, and Estimates, 1876 .
the same is hereby charged upon the revenue of this Colony for the service of the year
1876, and the said sum so charged shall be expended as hereinafter specified ; that is to
say :
1412 ORDINANCE No. 15 OF 1875 .
Revenue.
ESTABLISHMENTS : $ C.
Governor, 740.00
Colonial Secretary, 3,176.00
Colonial Treasurer, 3,072.00
Auditor General, 14,799.00
Clerk of Councils, ..... 100.00
Surveyor General, 21,386.00
Postmaster General, 26,984.00
Registrar General,..... 10,774.00
Harbour Master, 27,014.00
Lighthouses, 7,424.00
Collector of Stamp Revenue, 4,078.00
Judicial, ...... 20,300.00
Registrar of Companies, 192.00
...
Ecclesiastical, ..... 1,302.00
Educational, ..... 17,376.00
Medical, 16,536.00
Police Magistrates, 7,540.00
Police, ..... 144,538.80
Gaol, 16,740.00
Fire Brigade, ...... 6,966.00
Government Gardens, 4,336.80
Total Establishments, $ 355,374.60
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, 1,700.00
Surveyor General, ......
. 1,080.00
Postmaster General, ..... 4,300.00
Registrar General, .... 50.00
Judicial, 200.00
Educational, 4,620.00
Medical, 18,270.00
Police Magistrates , 390.00
Police, ...... 35,185.00
Gaol, ...... 14,420.00
Fire Brigade , ..... 3,500.00
Charitable Allowances,.. 3,300.00
Transport, ..... 4,500.00
Works and Buildings, 136,120.00
Roads, Streets and Bridges, 45,720.00
Lighthouses, ..... 500.00
Miscellaneous Services , .... 36,800.00
Military Contribution , . 100,000.00
TOTAL,......... $766,029.60
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 16 OF 1875 . 1413
Magistrates.
No. 16 of 1875 .
An Ordinance to amend and consolidate the laws concerning Title.
the jurisdiction of Magistrates over indictable offences
and for other purposes .
[ 25th November, 1875. ]
Preamble.
WHEREAS recent investigations have raised a doubt as to the va
lidity of the jurisdiction hitherto exercised by Police Magistrates
under Ordinances 6 of 1862 and 1 of 1863 : Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. This Ordinance may be cited as " The Magistrates Ordinance, Short title.
1875."
2. The expression " Indictable, " as used in this Ordinance, includes Interpreta
tion.
proceedings by information , and the expression " Magistrate " means
Police Magistrate, unless the context indicates the contrary .
3. There shall as heretofore be two Police Magistrates ; the Magis Police
Magistrates.
trates now in office are continued therein as fully as if they were appointed
hereunder, and the Governor may appoint others , from time to time, as
vacancies occur .
4. The Police Magistrates shall be Justices of the Peace by virtue Powers of
Police
of their office, and shall have and may exercise all such powers and Magistrates
continued .
jurisdiction as were vested in the Police Magistrates at the time of the
passing of this Ordinance, except so far as they are hereby altered or
repealed.
5. Whenever any person is brought before a Magistrate charged Magistrates
may convict
with having committed , whether before or after the passing of this Ordi summarily for
certain indict
nance, any indictable offence, not being one of the following offences, able offences .
that is to say : — (See s. 4 of 6
of 1862. )
Any offence which is punishable with death ;
Any offence (except burglary ) which is punishable with penal
servitude for life ;
Any offence which is committed within the jurisdiction of the
Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868 .
Misprision of treason ;
1414 ORDINANCE No. 16 OF 1875.
Magistrates.
Any offence against the Queen's title, prerogative, person, or
Government ;
Blasphemy and offences against religion ;
Perjury and subornation of perjury ;
Making or suborning any other person to make a false oath,
affirmation , or declaration punishable as perjury, or as a
misdemeanor ;
Any offence against any provision of the laws relating to bank
rupts ;
Composing, printing, or publishing blasphemous, seditious , or
defamatory libels ;
Defamation ;
Bigamy ;
Bribery ;
Arson ;
Forgery ;
Stealing or fraudulently taking or injuring or destroying records
or documents belonging to any Court of Record or relating
to any proceeding therein ;
Stealing, or fraudulently destroying or concealing wills or
testamentary papers or any document or written instru
ment being or containing evidence of the title to any lands ,
or any interest in lands, tenements, or hereditaments :
Or any offence committed by trustees, agents, bankers, or factors
and mentioned in any section between the sixtieth and
seventy- first sections (both inclusive ) of the Ordinance
.
No. 7 of 1865 , ( larceny ) ,—
the Magistrate, instead of committing the offender for trial to the Supreme
Court, may convict him summarily, and upon such conviction may
sentence the offender to be imprisoned for any term not exceeding six
months with or without hard labour, or to pay a fine not exceeding fifty
dollars , or to be imprisoned with or without hard labour and to pay a fine,
for any term and amount not exceeding six months and fifty dollars .
The Magistrate may also direct that the offender be kept in solitary
confinement for any portion of his term of imprisonment not exceeding
fourteen days at any one time and not exceeding one month in the whole.
The Magistrate may nevertheless , if he thinks fit, commit any such
person for trial to the Supreme Court.
ORDINANCE No. 16 CF 1875 . 1415
Magistrates.
6. Whenever an offender is convicted by a Magistrate of a common Magistrates
may award a
assault, the Magistrate may sentence him to be imprisoned for any term year's impri
sonment for
not exceeding one year with or without hard labour, but without fine, if common
assault.
the term of sentence exceeds six months. (See s. 41 of 4
of 1865. )
7. Whenever any male offender is convicted by a Magistrate under the powers Magistrates may
award whipping
in certain cases.
herein conferred of any of the following offences a second time, or under aggravated (See s. 2 of 1 of
circumstances, that is to say : 1863.)
:
Indecent assault,
Indecent exposure of his person,
Assault with intent to rob,
Common assault, committed in a brothel ,
Common assault , committed at or in connection with any riotous assemblage,
Malicious injury to property ;
or, under the Magistrates ' summary jurisdiction, of either of the following offences a
second time, or under aggravated circumstances, that is to say :
Indecent exposure of his person,
Malicious injury to property ;
the Magistrate may, in addition to any other punishment, sentence the offender to be
once or twice publicly or privately whipped. [ Repealed by Ordinance No. 3 of 1881. ]
offender , whose age appears to the Magistrate
8. Whenever any male offender, Juvenile
thieves may
not to exceed sixteen years , is convicted, under the powers herein con be whipped.
(See s. 6 of 9
ferred , of larceny , or of any offence which now or at any time hereafter of 1867.)
is by law deemed or declared to be simple larceny or punishable as simple
larceny, the convicting Magistrate may sentence him to be once or twice
privately whipped with any number of strokes not exceeding twenty , in
lieu of or in addition to any other punishment to which such offender is
liable.
9. Whenever a Magistrate under this or any other Ordinance Amount of
whipping,and
sentences an offender to be whipped , he shall, in his sentence, specify the mode of
infliction.
number of strokes to be inflicted , and such number shall not , in any case, (See s. 6 of 6
of 1862.)
exceed thirty-six strokes, and shall be inflicted with a rattan .
10. A Magistrate may sentence any offender to be publicly exposed Punishment
of the stocks.
in the stocks for any period not exceeding six hours , in lieu of the whole (See s. 25 of
10 of 1844.)
or any part of any punishment to which such offender is liable under this
or any other Ordinance, or in addition thereto.
11. On the conviction of any person of any offence by which injury Compensa
tion be
or loss to person or property shall have accrued, the convicting Magistrate awarded in
1416 ORDINANCE No. 16 of 1875 .
Magistrates.
addition to
may order the offender to pay to the person aggrieved reasonable com
punishment.
(See s. 7 of 6 pensation not exceeding fifty dollars, in addition to any penalty or punish
of 1862.)
ment to which he is sentenced .
Recovery of 12. If any offender convicted under this Ordinance fails to pay any
fines and
amends. fine or compensation on conviction, or within such further time as the
(See s. 8.of 6
of 1862.) Magistrate allows, the Magistrate may cause the amount to be levied by
distress on the goods and chattels of the offender ;
Or may order that the offender be imprisoned with or without hard
labour for any period not exceeding , together with any other imprison
ment to which he is sentenced for his offence , the term of six months in
the whole, unless the amount be sooner paid ;
And in case the amount be not fully recovered by distress , the Ma
gistrate may order that the offender be imprisoned with or without hard
labour for the like period , unless the amount be sooner paid .
Powers of two 13. Whenever any person is brought before two Magistrates sitting
Magistrates.
(See s. 3 of 1 together charged with stealing from the person, or with any offence
of 1863.) .
(See s. 3 of 3 against the provisions of sections 49 , 50 , or 51 of the Ordinance No. 4 of
of 1868.)
1865, ( offences against the person ) , the Magistrates may, if they think
fit, summarily convict the offender, and sentence him to be imprisoned
for any term not exceeding two years with or without hard labour, or
they may commit him in the usual way for trial to the Supreme Court .
Powers of 14. The Marine Magistrate shall have the power of a Police Magis
Marine Magis
trate. trate to hear and determine cases of assault, and assault and battery
unaccompanied by an intent to commit felony .
Any two Jus 15. Any two Justices of the Peace of this Colony sitting together,
tices of the
Peace to have shall have power to do any act that a Magistrate is by this Ordinance
power of one
Police Magis authorised and empowered to do.
trate.
Power to com 16. If any person uses any threatening or insulting expression to
mit persons
using insult or concerning, or in the presence of a Magistrate, Marine Magistrate, or
ing language
to or in pre Justice of the Peace, when acting in the discharge of any magisterial
sence of
Magistrate. duty , the said Magistrate or Justice of the Peace may summarily sentence
(S. 9 of 6 of
1862.) the offender to be imprisoned with or without hard labour for any term
not exceeding two months, or to pay a fine of any amount not exceeding
fifty dollars and if such fine be not paid forthwith, the said Magistrate
or Justice of the Peace may order that the offender be imprisoned for any
term not exceeding two months unless the amount be sooner paid. [ As
to powers of one Magistrate see Ordinance No. 8 of 1889. ]
ORDINANCE No. 16 of 1875 . 1417
Magistrates.
17. If it appears to a Magistrate, or Marine Magistrate, that any Compensa
tion or penalty
charge or complaint was maliciously preferred, or that any witness has for malicious
prosecution
given false testimony, such Magistrate may order the complainant or or false
testimony.
witness to pay to the person aggrieved reasonable compensation not (S. 10 of 6 of
1862.)
exceeding fifty dollars , or, in his discretion , may order such complainant
or witness to pay a fine not exceeding fifty dollars , or to pay compensation
and a fine not exceeding together the sum of fifty dollars.
18. No conviction under this Ordinance shall be quashed for want No conviction
or warrant to
of form , or be removed by certiorari, and no warrant of commitment shall be quashed for
want of form.
be held void by reason of any defect therein, provided it be therein
1865.)
alleged that the party has been convicted , and there be a good and valid
conviction to sustain the same.
19. Whenever any person enters into any recognizance or Crown Recogniz
ances (other
bond ( except recognizances entered into for appearance before the Supreme than as to
Supreme
Court ) before any Magistrate, Justice of the Peace, or any officer of Court) to be
estreated in
Police, and such bond or recognizance becomes forfeited , a Magistrate may default.
(S. 11 of 6 of
summon the person bound by the said recognizance or bond before him, 1862 )
and on satisfactory proof of forfeiture or breach of condition, may order
the said recognizance or bond to be estreated, and may issue his warrant
to levy the amount or penalty of the said recognizance or bond by distress
upon the goods , chattels, lands, and tenements of the defaulter, and in
case there shall be no sufficient goods , chattels, lands, or tenements to
satisfy the amount of the distress warrant, may order that the defaulter
be imprisoned for any term not exceeding three months .
20. Whenever a Magistrate awards a pecuniary penalty or amends Imprison
for ment for non
any offence under Ordinance No. 14 of 1845 , and the same is not paid payment of
fines under
forthwith, the Magistrate may commit the offender to prison with or Ordinance 14
of 1845.
without hard labour for any term not exceeding three [ “ 6 " as amended [ S. 12 of 6 of
1862 , and 4 of
by Ordinance No. 8 of 1889] months , unless the sum remaining unpaid 9 of 1867. ] "
be sooner paid.
21. If any Magistrate has, since the passing of the Ordinance No. 6 Protecting
Magistrates
of 1862 , heard , tried and determined in a summary way any crime , mis in respect of
any excess of
demeanour, or offence, which was not within the powers and jurisdiction jurisdiction.
exerciseable by him under the said Ordinance, or Ordinance No. 1 of
1863 , but was within the powers and jurisdiction formerly had and
exercised by the Court of Petty Sessions, every such hearing, trial and
determination , if in other respects according to law, is hereby declared to
1418 ORDINANCES No. 16 OF 1875 AND No. 1 OF 1876 .
Magistrates. Chinese Emigration Amendment.
be good and valid ; and all Magistrates, gaolers and other persons what
soever are hereby indemnified and held harmless in respect of every act,
matter, or thing done by them, or any of them, in pursuance of any
hearing, trial, or determination hereby declared to be valid .
Repeal. 22. The following Ordinances and parts of Ordinances are hereby
repealed :
10 of 1844,......Section 25 .
6 of 1862,...
The whole.
1 of 1863 , ...
4 of 1865 ,...... Section 41 , the words " or of a Police Magistrate ."
Section 4.
9 of 1867 ,... Section 6 , the words " whether summarily or
otherwise. "
3 of 1868 ,...... Section 3.
But such repeal shall not revive any enactment repealed by any of the
said Ordinances or sections, and shall not affect anything duly done before
the passing of this Ordinance.
NOTE.--Repealed by Ordinance No. 10 of 1890 as from the 1st January, 1891 , subject
to Her Majesty's right of disallowance.
No. 1 of 1876 .
Title. An Ordinance to amend the Law relating to Chinese Passenger Ships and
the Conveyance of Chinese Emigrants .
[ 27th March, 1876. ]
Preamble. HEREAS by section 5 of " The Chinese Emigration Consolidation Ordinance ,
WH1874," it is enacted " that no Chinese passenger ship, except ships about to proceed
"" on a voyage of not more than thirty days' duration within the meaning of section 8 of
this Ordinance, shall shall clear out or proceed to sea, and the emigration officer shall
" not grantthe certificate prescribed by section 4 of 'The Chinese Passengers' Act, 1855,'
" unless the master of such ship shall be provided with a licence under the hand of the
" Governor and the public seal of the Colony to be obtained in manner hereinafter
" mentioned "; and paragraph 2 that it shall be lawful for the Governor in Council,
"from time to time, to exempt from the operation of this section, any mail steamers
" or other vessels which are subject to the provisions of ' The Chinese Passengers
" Act , 1855,' provided that the Chinese passengers proceeding in such vessels be free
" emigrants and under no contract of service whatever " ; and whereas it is expedient
that every Chinese passenger ship should be provided with a licence, and that the feet
ORDINANCE No. 1 of 1876. 1419
Chinese Emigration Amendment.
chargeable upon such licence should be reduced , and that the law should be amended
as hereinafter provided : Be it therefore enacted by the Governor of Hongkong , with
the advice of the Legislative Council thereof, as follows :--
1. The following portions of section 5 of " The Chinese Emigration Consolidation
. Repealing part of
section 5 of
Ordinance 5 of
Ordinance, 1874," are hereby repealed , viz . : 1874.
Paragraph 1. The words " except ships about to proceed on a voyage of not
"< more than thirty days ' duration within the meaning of section 8 of
" this Ordinance."
Paragraph 2. The whole.
Paragraph 3. The words " and shall also furnish the like particulars where
66
any exemption is applied for under paragraph 2 of this section."
2. The fee payable upon the granting of a licence shall henceforth be five dollars Reducing the
fees for licences.
only ; and in any reprint of the said Ordinance the said sum may be inserted in
paragraph 5, section 5 in place of the " one hundred dollars " therein mentioned .
3. The Governor in Council may, at his discretion, grant to any mail steamer or General licences
to mail steamers,
&c.
other vessel a general licence for any period, or for any number of voyages, or for
voyages to and from any specified port or ports, upon the condition that the vessel
provided with such licence shall carry only free passengers under no contract of service
whatever, except as hereinafter mentioned :
General licences shall be exempt from the provisions of paragraph 6 of section 5
aforesaid.
4. The Governor in Council may, at his discretion, authorise any person to engage The Governor
may authorise
labourers and
any specified number of Chinese artisans, mechanics, labourers, or servants for any servants to be
engaged for
person resident in any British possession , and to make contracts in writing on behalf of persons in
British
such resident with the persons so engaged. Every such contract shall be made in possessions.
[See, s. 7.]
triplicate, and one part thereof shall be lodged in the office of the Colonial Secretary;
and such part shall be admissible in evidence without a stamp.
Any vessel provided with a general licence may carry any persons so engaged
without thereby affecting her licence.
5. Nothing in " The Chinese Emigration Consolidation Ordinance, 1874," shall Ordinance 5
of 1874 not to
prevent Chinese
prevent passengers natives of Asia from travelling in the first class cabin of any vessel passengers from
travelling in first
which is provided with a general licence, on the same terms as passengers of other or second cabin
as other
nationalities ; or in the first or second class cabin, if the vessel carries more than two nationals.
classes of passengers . [See, s. 7,]
Such passengers are hereby exempted from the necessity of obtaining contract
passage tickets, or of submitting themselves to be mustered or inspected by any emi
gration officer or medical officer or other person.
Such passengers shall, however, be reckoned in calculating the number of pas
sengers, natives of Asia, who are carried by the said vessel.
1420 ORDINANCES Nos. 1 AND 2 OF 1876 .
Chinese Emigration Amendment. Contagious Diseases.
This Ordinance 6. This Ordinance shall be read with "The Chinese Emigration Consolidation
incorporated
with No. 5 of
1871. Ordinance, 1874," and shall be taken to be incorporated therewith ; and upon the issue
of any new edition of the Ordinances, the provisions hereof may be inserted in the said
Ordinance ; sections 3 and 4 hereof may be printed next after the paragraph now
numbered 5 of section 5 of the said Ordinance, and the other paragraphs of the said
section may be re- numbered .
Paragraph 6 of the said section may be amended by inserting the words " except
a general licence " after the word " licence."
Section 5 hereof may be printed as section 6 of the said Ordinance, and the other
sections may be re-numbered.
Commencement 7. Sections 4 and 5 shall not take effect until a day to be hereafter proclaimed by
of Ordinance.
the Governor. The rest of this Ordinance shall take effect from the passing thereof.
[ Repealed by Ordinance No. 3 of 1876. ]
No. 2 of 1876.
Title. An Ordinance for divesting the Registrar General of his Judicial Functions .
[ 27th March, 1876. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :
Repealing part of 1. So much of section 28 of Ordinance No. 8 of 1858 as relates to the judicial
sec. 28 ofOrd. No.
8 of 1858. powers of the Registrar General, is hereby repealed , that is to say, the words "before
the Registrar General if a Justice of the Peace, or ( if the said person shall so demand) ."
Repealing and 2. The following sections and parts of sections of " The Contagious Diseases
amending parts
of Ord. No. 10 of ――――
Ordinance, 1867," are hereby repealed :
1867.
Sections 5 and 6, -The whole.
Section 70, -From the word " Governor " in the third line of the section to
the end of the section.
Sections 12 , 13, 14, 26, 27, 53, 57, 62, 71 , and section 20 in the third line from
the end, The words "The Registrar General."
ORDINANCES Nos . 2 AND 3 OF 1876. 1421
Contagious Diseases. Chinese Emigration Repeal.
Wherever the words " The Registrar General " are repealed as aforesaid, the
section shall be amended by inserting the words " a Magistrate," and shall be read as
if those words had been inserted in the section originally .
3. Upon the hearing by a Magistrate of any matter arising under this Ordinance, Courts may sit in
private.
or " The Contagious Diseases Ordinance, 1867, " or upon the hearing of an appeal from
the determination of the Magistrate in any such matter, the Magistrate or the Court
(as the case may be) inay hear the matter in private, unless the person accused or
affected desire publicity, and, in addition to all other powers, may order that all persons
not directly interested in the matter be kept excluded from the place of hearing.
4. No proceedings under this Ordinance, or under " The Contagious Diseases No proceedings
to be taken
except with
Ordinance, 1867," shall be commenced before a Magistrate, except at the instance, or sanction of
Attorney General
with the sanction, of the Attorney General or of the Registrar General . or Registrar
* General.
Sections 2 to 4
5. The three preceding sections of this Ordinance shall be read with " The Con incorporated
with No. 10 of
tagious Diseases Ordinance , 1867," and shall be taken to be incorporated there with ; 1867.
and upon the issue of any new edition of the Ordinances, the provisions of the said
three sections may be inserted in the said Ordinance ; sections 3 and 4 hereof may be
printed next after the section now numbered 71 of the said Ordinance, and the other
sections thereof may be renumbered .
[ Repealed by Ordinance No. 19 of 1889. ]
No. 3 of 1876.
An Ordinance, to repeal Ordinance No. 1 of 1876. Title.
[ 11th April, 1876. ]
HEREAS difficulty is anticipated in carrying out the Ordinance No. 1 of 1876 Preamble.
W at some of the Coast Ports, and it is expedient to repeal the same with the
view of making further provision in that behalf : Be it enacted by the Governor of
--
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. The Ordinance No. 1 of 1876 is hereby repealed, and the * enactments thereby Repealing Ordi
nance No. 1 of
repealed are, from the date of the passing hereof, revived as if the said Ordinance had 1876.
not been passed .
[* The enactments revived have been since repealed. ]
1422 ORDINANCE No. 4 OF 1876 .
China Traders' Insurance Company.
No. 4 of 1876 .
Title An Ordinance to authorise " The China Traders' Insurance Company,
Limited ," to sub-divide its shares .
[ 22nd April, 1876. ]
Preamble. HEREAS " The China Traders' Insurance Company, Limited" is a public
W company duly incorporated and limited by shares under the provisions of
the "The Companies Ordinance, 1865 ," and whereas the Memorandum of Association
of the said Company provides that the capital of the Company is one million of dollars
divided into two hundred shares of five thousand dollars each, and whereas the whole
of the said shares have been issued , and the sum of one thousand dollars has been
paid up on each share , and a further call of five hundred dollars upon each share has
been made, and whereas the said Company has found that shares of five thousand
dollars each are too large to be readily marketable, and the Company is therefore
desirous of sub-dividing the existing shares into shares of smaller amount, and whereas
the said Company in order to effectuate its desire has applied to have the necessary
powers therefor conferred upon it by means of this Ordinance : Be it therefore enacted
by the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
Interpretation. 1. In the interpretation of this Ordinance, the expression " The Company " shall
mean " The China Traders' Insurance Company, Limited."
Shares may be 2. It shall be lawful for the Company, by special resolution, to modify the
divided into
shares of smaller
amonnt. conditions contained in its Memorandum of Association so as by sub- division of its
shares or any of them to divide its capital or any part thereof into shares of any
amount not less than fifteen hundred dollars each provided that in the sub- division of
the existing shares, the proportion between the amount which is paid, aud the amount
which is unpaid on each share of reduced amount shall be the same as it was in the
case of the existing share or shares, from which the share of reduced amount is derived .
Special resolution 3. The statement of the number and amount of the shares into which the capital
to be embodied
in Memorandum
of Association. of the Company is divided contained in every copy of the Memorandum of Association
issued after the passing of any such special resolution, shall be in accordance with such
resolution, and if the Company make default in complying with the provisions of this
section, it shall incur a penalty not exceeding five dollars for each copy in respect of
which such default is made, and every Director, Manager and Secretary of the Company
who knowingly or wilfully authorises or permits such default shall incur the like
penalty . All such penalties may be recovered before a Magistrate in a summary way.
4. This Ordinance shall come into force on such day as shall be hereafter fixed by
proclamation under the hand of the Governor.
[Never in force disallowed in C.O.D. No. 97, 25th July, 1876: Repealed by
Ordinance No. 1 of 1877.]
ORDINANCE No. 5 OF 1876 . 1423
Chinese Emigration Amendment.
No. 5 of 1876 .
An Ordinance to amend the Law relating to Chinese Passenger Ships Title.
and the Conveyance of Chinese Emigrants .
[ 26th April, 1876. ]
HEREAS by section 5 of " The Chinese Emigration Consolidation Ordinance, Preamble.
W 1874," it is enacted " that no Chinese passenger ship, except ships about to
" proceed on a voyage of not more than thirty days' duration within the meaning of
" section 8 of this Ordinance, shall clear out or proceed to sea, and the emigration.
" officer shall not grant the certificate prescribed by section 4 of The Chinese
66
Passengers ' Act, 1855 ,' unless the master of such ship shall be provided with a licence
“ under the hand of the Governor and the public seal of the Colony to be obtained
" in manner hereinafter mentioned " ; and ( paragraph 2 ) that it shall be lawful
"for the Governor in Council, from time to time, to exempt from the operation of this
" section, any mail steamers or other vessels which are subject to the provisions of
" The Chinese Passengers Act, 1855 ,' provided that the Chinese passengers proceeding
"in such vessels be free emigrants and under no contract of service whatever " ; and
whereas it is expedient that every Chinese passenger ship should be provided with a
licence, and that the fee chargeable upon such licence should be reduced, and that the
law should be amended as hereinafter provided : Be it thereof enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. Section 5 of " The Chinese Emigration Consolidation Ordinance, 1874 " is Repeal.
hereby repealed, and the second section of this Ordinance is enacted instead thereof,
and shall be read as if it had originally been inserted in the place of the said section 5 ;
and in any new edition of the Ordinances may be printed as section 5 of the said
Ordinance.
Licensing of " Chinese Passenger Ships."
2. No Chinese passenger ship shall clear out or proceed to sea, and the emigration No Chinese
passenger ship
to proceed to sea
officer shall not grant the certificate prescribed by section 4 of " The Chinese Passengers' without a licence
from the
Act, 1855 ," unless the master of such ship shall be provided with a licence under the Governor.
[Ord. 4 of 1870,
hand of the Governor and the public seal of the Colony, or under the hand and seal вес . 3.7
of an emigration officer, to be obtained in manner hereinafter mentioned .
2. Whenever any Chinese passenger ship is about to proceed to sea upon any Time and mode
ofapplication
voyage of more than seven days' duration, the owners or charterers of such ship , or, for licence in the
Colony.
[Ibid, sec. 4.]
if absent from the Colony, their respective agents, may, before such ship is laid on
for the conveyance of Chinese emigrants, and before any depôt is opened for their
reception, apply in writing to the Colonial Secretary for a licence under the hand of
the Governor and the public seal of the Colony for the conveyance of such emigrants
and shall furnish all particulars as to the destination of the said ship and as to all
other matters relating to the intended voyage and emigration which may be required
of them.
1424 ORDINANCE No. 5 OF 1876 .
Chinese Emigration Amendment.
Time and mode 3. Whenever any Chinese passenger ship, which is not provided with a licence
of application for
licence at the covering her intended voyage, is about to proceed with free Chinese emigrants under
ports out ofthe
Colony. no contract of service whatever from any port in China, or within one hundred miles
of the coast thereof, upon a voyage of not more than thirty days' duration, the owners
or charterers of such ship, or, if absent, their respective agents, may, before such ship
is laid on for the conveyance of Chinese emigrants , and before any depôt is opened for
their reception , apply in writing to the emigration officer at such port for a licence
under his hand and seal for the conveyance of such emigrants upon the intended voyage
only, and shall furnish all particulars as to the destination of the said ship, and as to
all other matters relating to the intended voyage and emigration which may be required
of them.
Punishment for 4. All such particulars shall, if so ordered, be verified upon oath before the
furnishing
untrue
particolars. emigration officer or any Justice of the Peace, and every person who shall knowingly
[Ibid, sec. 5.]
furnish untrue particulars, shall be liable to imprisonment, with or without hard labour,
for any period not exceeding six calendar months, and to a fine not exceeding one
hundred dollars, either in addition to or in substitution of such imprisonment.
General licences 5. The Governor in Council may, at his discretion, grant to any vessel a general
to mail steamers ,
&c.
licence for any period, or for any number of voyages, or for voyages to and from any
specified port or ports, upon the condition that the vessel provided with such licence.
shall carry only free passengers under no contract of service whatever, except as
hereinafter mentioned .
Conditions of 6. The granting of any licence shall be in the discretion of the Governor in Council,
licence and
amount of fee.
[Ibid, sec. 6.] and in cases within the third paragraph of this section, shall be in the discretion of the
emigration officer, and in every case shall be subject to the payment of a fee of five
dollars, and to such conditions as may, from time to time , be prescribed under
instructions from Her Majesty's Principal Secretary of State for the Colonies, and the
Governor in Governor in Council may impose such conditions on the granting of any licence as he
Council may
impose shall think expedient in each particular case, provided the same shall not be contrary
conditions.
to or inconsistent with such instructions.
Licence to 7. Every licence, other than a general licence, granted under this section in respect
specify time of
departure ; of any Chinese passenger ship shall specify the period within which such ship shall
proviso for
extension
thereof. clear out and proceed to sca : Provided always that it shall be lawful for the Governor
[Ibid, sec. 7.]
in Council, or emigration officer who grauted the licence, from time to time, to extend
such period .
The Governor 8. The Governor in Council may, at his discretion, authorise any person to engage
may authorise
labourers and
servants to be any specified number of Chinese artisans, mechanics, labourers , or servants for any
engaged for person resident in any British possession , and to make contracts in writing on behalf of
persons in
British
possessions . such resident with the persons so engaged. Every such contract shall be made in
triplicate, and one part shall be lodged in the office of the emigration officer ; and such
part shall be admissible in evidence without a stamp .
Any vessel provided with a general licence may carry any persons so engaged
without thereby affecting her licence.
ORDINANCE No. 5 OF 1876 . 1425
Chinese Emigration Amendment.
9. Nothing in " The Chinese Emigration Consolidation Ordinance, 1874," shall Ordinance 5 of
1874 not to
prevent passengers, natives of Asia, from travelling in the first class cabin of any vessel prevent Chinese
passengers from
travelling in first
which is provided with general licence, on the same terms as passengers of other or second cabin
as other nation
nationalities ; or in the first or second class cabin , if the vessel carries more than two alities.
classes of passengers .
Such passengers are hereby exempted from the necessity of obtaining contract
passage tickets, or of submitting themselves to be mustered or inspected by any emi
gration officer, or medical officer, or other person .
Such passengers shall, however, be reckoned in calculating the number of passen
gers, natives of Asia, who are carried by the said vessel .
10. In case it shall be shown to the satisfaction of the Governor in Council, at Powerto remove
master or other
officer.
any time before the departure of a Chinese passenger ship, that the master, mate, or [Ibid, sec. 8.]
any other officer of such ship is unfit for the proper discharge of his duties by reason
of incompetency or misconduct, or for any other sufficient cause, it shall be lawful for
the Governor, by order under his hand, to discharge and remove such master, mate, or
other officer from the said ship , and thereupon the owners or charterers thereof, or their
agents, shall forthwith appoint a master, or mate, or other officer, as the case may be,
to be approved by the emigration officer, in the place of the one so discharged and
removed as aforesaid.
11. In any of the following cases, namely :
(a.) If it shall appear to the satisfaction of the Governor in Council, or Power to revoke
and cancel
emigration officer, at any time before the departure of a Chinese licence.
[Ibid, sec. 9.]
passenger ship , that the particulars furnished to him in relation thereto
under the second paragraph of this section are untrue, or that any
condition of the said licence has been violated ;
(b.) If any Chinese passenger ship shall fail to clear out and proceed to sea,
within the period specified in the licence granted under this section ,
or within such extended period as aforesaid ;
(c.) If the owners or charterers of a Chinese passenger ship shall fail forthwith
to appoint a master, mate, or other officer to be approved as aforesaid ,
in the place of any master, mate, or other officer discharged under the
tenth paragraph of this section ;
It shall be lawful for the Governor in Council or emigration officer to revoke the licence
granted by him under this section in respect of such Chinese passenger ship, and to
order that the said ship be seized and detained until her emigration papers (if already
granted) be delivered up to be cancelled.
12. The breach of any condition of a licence granted under this section shall be Breach of
condition of
licence.
deemed a breach of a regulation respecting Chinese passenger ships within the meaning
of section 2 of " The Chinese Passengers' Act, 1855."
1426 ORDINANCES Nos . 5 AND 6 OF 1876 .
Chinese Emigration Amendment. Revenue.
Application of 13. It shall be lawful for the Governor in Council to apply the whole or any part
penalty for
breach of this
Ordinance of the penalty recoverable in case of the non-observance or non - performance of the
recoverable
under " The regulations of this section under the provisions of section 5 of " The Chinese Passengers'
Chinese
Passengers' Act, 1855 ," towards the expenses of reconveying to their homes intending emigrants
Act, 1855."
[Ibid, sec. 10.] by any vessel in respect of which the licence granted under this section shall have been
revoked in manner hereinbefore provided.
Regulations of
schedule 4 of 14. Nothing in this section shall be deemed to affect the regulations contained in
"Chinese Pas
sengers' Act, schedule A of "The Chinese Passengers' Act, 1855."
1855," not to be
affected by this
section.
Suspending 3. This Ordinance shall not come into operation until Her Majesty's confirmation
clause.
of the same shall have been proclaimed by the Governor.
[ Confirmation proclaimed 13th July, 1876: Repealed by Ordinance No. 1 of 1889. ]
No. 6 of 1876.
Title.
An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Fifty- five thousand Dollars to defray the Charges of
the Year 1875 .
[ 16th November, 1876. ]
Preamble.
HEREAS it has become necessary to make further provision for the public
service of the Colony for the year 1875 , in addition to the charge upon the
revenue for the service of the said year already provided for in the estimates submitted
to the Legislative Council : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :--
Supplementary
Estimates . 1875.
1. A sum not exceeding fifty-five thousand dollars shall be and the same is hereby
charged upon the revenue of this Colony for the service of the year 1875 , the said sum so
charged being expended as hereinafter specified ; that is to say :
ESTABLISHMENTS.
$ c.
Governor,. 1,555.24
Judicial, 2,414.16
Fire Brigade , 1,811.08
TOTAL ESTABLISHMENTS, ...... $ 5,780.48
ORDINANCES Nos . 6 AND 7 OF 1876 . 1427
Revenue.
SERVICES EXCLUSIVE OF ESTABLISHMENTS.
Surveyor General, 360.00
Police, ...... 1,756.63
Charitable Allowances, 152.80
Works and Buildings,.. 25,923.92
Roads , Streets , and Bridges , 4,372.65
Lighthouses, ..... 3,001.93
Miscellaneous Services, 7,697.25
Land and House Purchased , 3,160.80
Military Contribution , 1,905.54
TOTAL EXCLUSIVE OF ESTABLISHMENTS , ... $48,331.52
TOTAL, ..... $54,112.00
[ Repealed by Ordinance No. 4 of 1887.]
No. 7 of 1876 .
Title.
An Ordinance to apply a sum not exceeding Eight hundred and Eight
thousand Two hundred Dollars to the Public Service of the Year
1877 .
[ 16th November, 1876. ]
HEREAS the expenditure required for the service of this Colony for the year Preamble.
WH 1877 has been estimated at the sum of eight hundred and eight thousand two
hundred dollars and thirty-eight cents : Be it enacted by the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows :
1. A sum not exceeding eight hundred and eight thousand two hundred dollars Estimates, 1877.
shall be, and the same is hereby charged upon the revenue of this Colony for the
service of the year 1877 , and the said sum so charged shall be expended as hereinafter
specified ; that is to say :
ESTABLISHMENTS .
$ c.
Governor, ...... 2,708.00
Colonial Secretary, 3,176.00
Colonial Treasurer, 3,432.00
Auditor General, 15,039.00
Clerk of Councils, 100.00
Surveyor General, 24,170.00
Postmaster General, 28,438.00
Carried forward, ..................$ 77,063,00
1428 ORDINANCE No. 7 OF 1876 .
Revenue.
Brought forward, ...... 77,063.00
Registrar General, 11,314.00
Harbour Master, 27,062.00
Lighthouses, .... 7,424.00
Collector of Stamp Revenue, ... 4,162.00
Judicial, ..... 21,900.00
Registrar of Companies, 192.00
Ecclesiastical, ...... 1,158.00
Educational, ..……………. 17,436.00
Medical, ... 14,160.00
Police Magistrates, 6,340.00
Police, .... 114,610.80
Gaol,..... 18,228.00
Fire Brigade, 8,446.00
Government Gardens,.... 4,336.80
TOTAL ESTABLISHMENTS, …….... $363,832.60
SERVICES EXCLUSIVE OF ESTABLISHMENTS .
Colonial Treasurer, 1,500.00
Surveyor General , 1,080.00
Postmaster General, 20,734.78
Registrar General, 50.00
Judicial, 200.00
Educational,... 4,620.00
Medical, 19,420.00
Police Magistrates , . 390.00
Police, ……………….. 38,885.00
Gaol, .......... 14,120.00
Fire Brigade, 2,000.00
Charitable Allowances ,... 4,000.00
Transport, 4,500.00
Works and Buildings ,.... 141,500.00
Roads, Streets, and Bridges , 49,220.00
Lighthouses, .... 1,000.00
Miscellaneous Services, 36,800.00
Military Contribution, 104,348.00
TOTAL, ... . $808,200.38
[Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 8 OF 1876 . 1429
Deportation and Conditional Pardons.
No. 8 of 1876 .
An Ordinance to consolidate and amend the Ordinances relating to Title.
Deportation , Conditional Pardons, the Branding and Punishment of
certain Criminals, and the Ordinance No. 9 of 1857 , entitled " An
amended Ordinance for better Securing the Peace of the Colony."
[ 11th December , 1876. ]
HEREAS it is expedient to consolidate and amend the enactments now in force Preamble.
W in this Colony in reference to deportation , conditional pardons , the branding
and punishment of certain criminals, and Ordinance No. 9 of 1857 entitled " An
amended Ordinance for better securing the peace of the Colony ; " Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. This Ordinance may be cited for all purposes as " The Deportation and Short title.
Conditional Pardons Consolidation Ordinance, 1876."
""
2. In the construction of this Ordinance, the expression " order of deportation Interpretation
clause.
shall mean an order of the Governor in Council, prohibiting a person from residing or [See Ord. 4 of
1871, sec. 1.]
being within this Colony, for a term not exceeding five years.
3. Any Justice of the Peace may lawfully arrest , or cause to be arrested, with or Power to arrest
and keep
without warrant, any person whom he shall reasonably suspect to be an emissary or suspected
emissaries or
abettor of Her Majesty's enemies, or of pirates, or of Chinese disaffected to Her abettors of
enemies.
[See Ord, 9 of
Majesty's Government, or otherwise dangerous to the peace and good order of this 1857, sec. 6.]
Colony, and him safely keep until he can be dealt with according to law.
4. Any Magistrate, or Justice of the Peace may cause any Chinese person to find Security to
appear within
reasonable security for his appearance in any Court for any purpose, and at any time twelve months.
[See Ord, 8 of
1858 , sec. 21.]
within twelve months, and every adjudication to that effect shall be made in open
Court, and reported forthwith to the Governor ; and such Chinese not finding such
security shall be deemed a person dangerous to the peace of the Colony, and be liable
to deportation under section 5 of this Ordinance.
5. The Governor in Council may, by order under his hand, prohibit any person Power to deport
for five years.
not being a natural born or naturalised subject of Her Majesty from residing or being [See Ord. 9 of
1857, sec. 7, and
within this Colony during any space of time not exceeding five years, and may by the Ord. 4 of 1871,
sec. 2.]
same or any subsequent order under his hand , fix the time for the departure of such
person from the Colony.
6. Every person who either before or after the passing of this Ordinance shall Penalty for
disobedience to
or violation of
have been prohibited by order of the Governor in Council from residing or being order of
deportation.
within this Colony for any space of time not exceeding five years under the provisions [See Ord. 4 of
1871, sec. 3.]
of this or any other Ordinance, and who without lawful authority or excuse, the proof
of which shall lie upon him, shall be in this Colony after the date of such order, or
1430 ORDINANCE No. 8 of 1876 .
Deportation and Conditional Pardons.
after the time fixed for his departure, and before the expiration of the term of his
deportation, shall be guilty of a misdemeanor, and upon conviction thereof before the
Supreme Court, shall be liable to imprisonment, with or without hard labour, for any
period not exceeding one year : Provided always that in all cases in which the prisoner
when brought before a Magistrate upon such charge shall plead guilty thereto, it shall
be lawful for the Magistrate to deal summarily with the case, instead of committing
the prisoner for trial at the Supreme Court.
Governor may 7. It shall be lawful for the Governor to grant to any offender convicted of any
grant pardon
subject to condi crime a pardon subject to either of the following conditions, as the case may be : That
tions of offenders
leaving the such offender shall quit the Colony and not afterwards be found at large therein ; or
Colony.
(See Ord. 1 of
1860 , sec. 1.] that such offender shall, in lieu of a sentence of death which may have been passed
upon or recorded against him by any Court of competent jurisdiction , suffer such term
of imprisonment, with or without hard labour, or penal servitude, as the Governor
may think fit.
Breach of 8. If any offender to whom a pardon shall have been granted either before the
conditional
pardon. passing of this Ordinance, or afterwards under the provisions of this Ordinance, on the
[See Ord. 5 of
1871 , sec. 2.] condition of his quitting the Colony, be afterwards found at large therein without law
ful authority or excuse, the proof whereof shall lie upon him, he shall be guilty of a
felony or of a misdemeanor, according to the nature of the offence for which he shall
have received such conditional pardon , and shall, on conviction thereof before the
Supreme Court, be liable, in the discretion of the Court, to any sentence not exceeding
the whole of his original or commuted sentence, such sentence to commence from the
date at which he shall be tried and convicted under this Ordinance : Provided always
that in all cases in which the prisoner when brought before a Magistrate upon such
charge shall plead guilty thereto, it shall be lawful for the Magistrate to deal sum
marily with the case, and to remit him to gaol to undergo any sentence not exceeding
the whole of his original or commuted sentence, instead of committing the prisoner for
trial at the Supreme Court.
Brandingin what 9. In all cases where any Chinese person convicted of any crime and actually
cases may be
ordered by undergoing sentence of imprisonment, may voluntarily petition the Governor to be
Governor.
[See Ord. 4 of released on condition that he shall be sufficiently marked or branded, to be thereby
1872, sec. 1.]
recognised subsequently, and shall also undertake to quit the Colony and not return
thereto without permission from the Governor, it shall be lawful for the Governor to
order any convict so petitioning as aforesaid to be marked and branded accordingly :
Provided, nevertheless, that every such convict so petitioning, shall state in his petition
bis willingness to leave the Colony, and, if found therein subsequently without due
permission, to be dealt with as the law may direct.
Governor in 10. In all cases when it seems expedient that any prisoner convicted of any crime,
Council may
deport prisoners. and actually undergoing sentence of imprisonment should be released and deported ,
it shall be lawful for the Governor in Council to order such prisoner to be deported.
ORDINANCE No. 8 OF 1876 . 1431
Deportation and Conditional Pardons.
Branded convicts
11. Every convict so deported as aforesaid, and nevertheless returning to the when liable to
flogging on
Colony, shall be liable, on conviction thereof before a Magistrate, to undergo the re return to Colony.
[See Ord. 4 of
mainder of his original sentence, and also , if a male, and if convicted subsequent to 1872, sec..
his return to the Colony of any felony or other crime which the Court sentencing such
convict may consider to be so brutal, inveterate, or mischievous as to justify extraor
dinary measures, shall be liable to be once or twice publicly or privately flogged with
the regulation instrument : Provided that not more than thirty- six lashes be inflicted
on any one occasion.
12. Regulations defining the mode of branding under this Ordinance shall be Regulations as
to mode of
branding to be
framed by the Governor in Council, and may be altered and amended , from time to framed by
Governor in
time, by the same authority . Council.
[See Ord. 4 of
1872, sec. 3. ]
13. It shall be lawful for the Governor in Council, if he shall think fit, to issue Prisoner may be
deported again.
[See Ord. 4 of
a new order of deportation against any person who shall have been convicted of an 1871 , sec. 4.]
offence against section 6 of this Ordinance, and such order shall commence to take
effect during or at the expiration of any term of imprisonment to which the prisoner
shall have been sentenced.
14. It shall be lawful for the Governor in Council, if he shall think fit, to issue Prisoner re
turning after
an order of deportation against any person who shall have been convicted of an offence conditional
pardon may be
against sections 8 or 11 of this Ordinance, and such order shall commence to take effect deported.
during or at expiration of any term of imprisonment to which the prisoner shall have
been sentenced .
15. Any person convicted before a Magistrate of mendicancy in this Colony shall Mendicancy
forbidden.
be liable to a fine not exceeding five dollars, or in default thereof, to imprisonment, [See Ord. 8 of
1858, secs. 23 and
28.]
with or without hard labour, not exceeding twenty -one days, or, in the discretion of
the Magistrate, shall be liable to be whipped thirty-six strokes with a rattan , and be
sent to his native place .
16. All persons affected with leprosy are hereby prohibited from residing or being Lepers to be sent
to Chinese
within the jurisdiction of this Colony, and all lepers natives of China found in the authorities.
jurisdiction shall be apprehended, and , subject to the order of the officer for the time
being in command of the Police, be liable to be forthwith sent to Canton, and there
handed over to the Chinese authorities, and on being found within this Colony a second
time , shall be liable to deportation by order of the Governor.
17. Any person who shall knowingly harbour or conceal , in the Colony of Hong Penalty on
persons know
kong, any person under sentence of deportation , shall, on conviction thereof before ingly harbouring
Chinese under
a Justice of the Peace, be liable to a fine not exceeding fifty dollars, or in default of sentence of
deportation .
[See Ord. 9 of
payment, to be imprisoned, with or without hard labour, for any term not exceeding 1837, sec. 17.1
six months.
1432 ORDINANCES Nos . 8 AND 9 OF 1876 .
Deportation and Conditional Pardons. Public Gambling.
Repeal. 18. The following Ordinances and parts of Ordinances are hereby repealed :
Ordinance 14 of 1845 , -Section 2, sub-section 17, the words " shall beg," & c., &c. ,
& c. , up to " alms or,"
29 9 of 1857, All sections not previously repealed .
99 8 of 1858 , Sections 21 and 23, and sub- section 9 of section 28.
"" 1 of 1860 , -- The whole.
99 9 of 1867, -Section 17.
"" 4 of 1871 ,
99 5 of 1871 , The whole.
"" 4 of 1872,
but such repeal shall not revive any enactment repealed by any of the said Ordinances
or sections of Ordinances, and shall not affect anything duly done before the passing
of this Ordinance.
Indemnity for 19. All acts done or attempted before the passing of this Ordinance, and which
past acts.
would have been lawful if so done or attempted after the passing thereof, are hereby
authorised and made valid, and no man shall at any time hereafter be called in question
for or in respect of the same.
Suspending 20. This Ordinance shall not come into operation until Her Majesty's confir
clause.
mation thereof shall have been proclaimed in the Colony by the Governor.
[Never confirmed, sec C. O. D. No. 51 , 18th May, 1877. Repealed by
Ordinance No. 3 of 1881. ]
No. 9 of 1876 .
Title. An Ordinance to consolidate and amend the Law relating to
Public Gambling.
[ 11th December, 1876. ]
Preamble.
WHEREAS it is expedient to consolidate and amend the law relating
to public gambling : Be it enacted by the Governor of Hongkong,
――
with the advice of the Legislative Council thereof, as follows :
Short title. 1. This Ordinance may be cited for all purposes as the " Public
Gambling Amendment Ordinance , 1876. "
Word Gam 2. The word " Gambling " as used in this Ordinance shall apply to
bling " to
include and include lotteries, as well as those known as Wai - sing, Pak-kop -piu ,
lotteries.
See Ord. 9 of Tsz-fa, as all others .
1867, sec. 21.1
Penalty on 3. Any person who shall keep any office, agency, or place for dealing in lotteries,
person dealing
in lotteries. shall forfeit a sum not exceeding two hundred dollars on conviction thereof in a
summary manner. [ Repealed by Ordinance No. 27 of 1888, and new section substituted. ]
ORDINANCE No. 9 of 1876 . 1433
Public Gambling.
4. Any person who shall keep any house, room , or place, boat, vessel, or any Penalty on
person keeping a
place on land or water, for public playing or gambling, or shall permit any person to public gambling
house.
[See Ord. 14 of
play within such house, room , boat, vessel, or any place on land or water as aforesaid , 1841, s. 1.j
shall forfeit a sum not exceeding two hundred dollars on conviction thereof in a
summary manner. [ Repealed by Ordinance No. 27 of 1888, and new section substituted.]
5. Any person who shall use, haunt, or be found within such house, room, boat, Penalty on
persons haunting
vessel, or any place on land or water as aforesaid, shall forfeit a sum not exceeding gambling houses.
[ vid, sec. 2.]
fifty dollars on conviction thereof in a summary manner. [ Repealed by Ordinance No.
27 of 1888, and new section substituted . ]
Person acting as
6. The person appearing, or acting as master, or as having the care aud manage master to be
ment of any such house, room , office, agency or place as aforesaid, shall be taken to be liable to penalty.
[Ibid, sec. 3.]
the keeper thereof, and shall be liable as such to the penalty aforesaid. [ Repealed by
Ordinance No. 27 of 1888, and new section substituted. ]
7. It shall be lawful for any Justice of the Peace or constable of Justice of the
Peace or Con
stable autho
the Police, duly authorised by warrant of any Justice of the Peace, to rised by war
rant to enter
enter, and if necessary to break into any house, room , boat , vessel , or any into house.
place, either on land or water, within which such Justice of the Peace and seize im
plements of
shall be credibly informed on oath, or shall have reasonable grounds of gambling,
money , &c .,
his own knowledge to suspect and believe that public gaming or playing which shall
be forfeited.
is or has been commonly carried on , and to arrest [ all persons within such [Ibid, sec. 4. ]
house, room, or place as aforesaid : Repealed by Ordinance No. 27 of
1888 and new words substituted] 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's the Queen , Her Heirs
and Successors .
8. The provisions of sections 17 , 18 , and 19 of Ordinance No 7 of Provisions of
secs. 17, 18, &
1866 shall apply to this Ordinance, and for the words " No. 14 of 1844 " 19, of Ord. 7
of 1866 to
in section 17 of the said Ordinance hereinafter repealed , shall be apply.
substituted the number of this Ordinance.
9. The following Ordinance and portions of Ordinances are hereby Repeal.
repealed :
No. 14 of 1844 . .....the whole.
No. 7 of 1866 , .. ....section 17 , the words
"No. 14 of 1844. "
No. 9 of 1867 .... ..... sections 18 , 19 , 20 ,
and 21 .
1434 ORDINANCES Nos . 9 AND 10 OF 1876 .
Public Gambling. Post Office.
but such repeal shall not affect anything duly done before the passing of
this Ordinance .
Penalties to 10. All penalties herein mentioned shall be recovered , and levied ,
be recovered
according to on conviction of the offender, before any Magistrate of Police , or any two
the provisions
of Ord. No. 10 Justices of the Peace, in the manner provided by Ordinances No. 10 of
of 1844, and
No. 7 of 1866. 1844 , and No. 7 of 1866 .
No. 10 of 1876 .
Title. An Ordinance to amend the Law relating to the Postal Matters of the
Colony.
[ 11th December, 1876. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
-
BR Council thereof, as follows :
Short title. 1. This Ordinance may be cited as " The Post Office Ordinance, 1876. "
Interpretation. 2. In this Ordinance, and in any Order in Council or regulation made thereunder,
unless the context indicates the contrary, the following expressions shall have the
meanings set against them respectively, that is to say :
"Postmaster General " shall mean the Postmaster General of the Colony.
Ser Ord. 8 of "Correspondence " shall mean any letter, newspaper, book, pamphlet , document ,
1862, sec. 25.J
parcel , or package , or other article whatsoever transmitted by post, whether in a closed
mail or having been placed loose on board any contract packet or vessel for trans
mission ; and a letter or other article shall be deemed to be correspondence from the
time of its arrival within the limits of the Colony, if brought to the Colony by post, or
from the time of its delivery to the Post Office if not so brought, and in either case
shall continue to be deemed correspondence to the time of its delivery from the Post
Office ; and delivery to or by any person authorised to receive or deliver letter bags or
correspondence on behalf of the Postmaster General shall be a delivery to or from the
Post Office.
"Postage Stamp" shall mean any label or stamp for denoting any rate of postage.
"Letter Bag" shall mean any bag, or box, or packet, or parcel, or other envelope
or covering in which correspondence is conveyed, whether it does or does not contain
correspondence.
"Post Office " shall mean any house, building, room, or place where correspondence
is received or delivered , or in which it is sorted, made up, or despatched .
"Officer of the Post Office " shall mean the Postmaster General, and every Post
master, Assistant Postmaster, agent, officer, clerk, letter carrier, or any other person
employed in any business of the Post Office, whether employed by the Postmaster
General, or by any person under him , or on behalf of the Post Office.
ORDINANCE No. 10 OF 1876 . 1435
Post Office.
" Persons employed by or under the Post Office " shall mean every person employed
in any business of the Post Office according to the interpretation given to officer of the
Post Office.
"Contract Packet " shall mean any vessel for the conveyance of letter bags and
correspondence under contract.
"Master of a Vessel " shall mean any person in charge of a vessel, whether com
mander, mate, or other person .
"Vessel " shall mean any ship or other vessel not being a contract packet .
3. There shall, as heretofore, be one General Post Office of the Colony, where General Post
Office.
correspondence may be received from all places, and whence correspondence may be [Ibid, sec. 1.]
despatched to all places, and the present Post Office shall be such General Post Office
until the site thereof be changed by the Governor .
The Governor may establish such other District Post Offices in the Colony as he
thinks fit.
Management.
4. The present Postmaster General and all other officers of the Post Office are Postmaster
General and
officerscontinued
hereby continued in their offices, and shall have all the powers and privileges hereby in their offices.
conferred upon the holders of their respective offices.
5. The Governor may hereafter, as occasion requires , appoint, from time to time, Appointment of
officers in future.
a Postmaster General of the Colony , and all necessary Assistant Postmasters General , [Ibid, sec. 2 & 5,]
Postmasters, agents , clerks, or servants for conducting the business of the Post Office.
6. No person hereafter appointed shall be capable of holding the office of Post Declarations.
Ibid, sec. 5.1
master General, or Assistant Postmaster General , or Postmaster, or agent, unless he
shall have first made and subscribed before a Justice of the Peace or one of Her
Britanic Majesty's Consuls , the declaration contained in the schedule A hereto annexed ,
and no person hereafter appointed shall be capable of being a clerk, servant, or officer
of the Post Office, unless he shall have first made and subscribed in like manner, the
declaration contained in the schedule B hereto annexed.
7. The Postmaster General shall, by himself or his deputies, have the entire Postmaster
General solely
charge of the General Post Office and of all postal matters within the Colony , with sole authorised to
receive and
deliver all cor
power, within the Colony , of receiving from all persons authorised to deliver the same, respondence .
[Ibid, sec. 3,]
all letter bags and correspondence arriving in the Colony ; and with sole power, within
the Colony, of collecting, receiving, and delivering to all persons authorised to receive
the same, all correspondence for transmission by or through the General Post Office to
places out of the Colony.
The said Postmaster General shall also have the exclusive privilege, within the
Colony, of performing all the incidental services of receiving, collecting, despatching
and delivering all correspondence arriving from, or transmitted to any place out of the
Colony ; and no letters (except Chinese letters) , unless exempt by law, shall be delivered
in,
Offor
ice.transmitted from the Colony, otherwise than by or through the General Post
1436 ORDINANCE No. 10 OF 1876 .
Post Office.
Letters excepted 8. All correspondence which, by any Act of the Imperial Parliament, is excepted
under Acts of
Imperial Parlia from the exclusive privilege of the Imperial Post Office, shall within this Colony be,
ment.
[Ibid, sec. 4, and
See 1 Vic. c. 33, and the same is hereby declared to be, excepted from the exclusive privilege of the
sec. 2.]
Postmaster General of the Colony .
Receipt ofpost 9. The Postmaster General shall receive all postage payable in the Colony and
age and accounts.
[See Ord. 8 of
1862, sec. 7.] shall keep accounts of all correspondence received and despatched by him , with the
particulars of the postage thereof, in such manner and form as the Governor may,
from time to time, direct ; but so that the accounts of monies payable to the Imperial
Postmaster General be kept distinct from the accounts of monies payable to the Colonial
Treasury.
The Postmaster General shall keep the accounts of monies payable to the Imperial
Postmaster General in such form and shall trausmit such monies in such manner, as
the said Imperial Postmaster General may, from time to time, direct .
Governor in 10. The Governor in Council may, from time to time, by order under his hand
Council may fix
rates of postage. determine the rates of postage to be charged upon all correspondence sent by post
Ibid, secs. 24 &
13, and 34 & 35
Vic. c. 30 sec. 1.] from the General Post Office of the Colony , or received therein from places outside the
Colony, and the scale of weights according to which such rates are to be charged , and
may revoke, alter, or add to any such order, so however, that no order be inconsistent
with any instructions on the subject transmitted from the Secretary of State or the
Imperial Postmaster General.
Orders to be 11. The Governor shall publish every such order by proclamation in the Gazette ;
published by
proclamation. and every order, when so published , shall have the same effect as if it had been inserted
[Ibid.]
in this Ordinance.
The Governor
may make 12. The Governor may, subject to such instructions as aforesaid, from time to
regulations.
[Ibid.) time, make, alter, and repeal, in relation to correspondence sent by post, such regula
tions as he thinks fit for regulating the times and modes of posting and delivery, pre
payment, late fees, fines on unpaid correspondence, the registry of correspondence ,
money orders, the sale and affixing of postage stamps, the dimensions, weight, and
contents of packets, and other such similar regulations as the Governor, from time to
time, thinks necessary for the better execution of this Ordinance .
All such regulations as affect the public shall be published in the Gazette, and
shall have no effect until so published.
Decision as to
newspapers, 13. If a question arises whether any article of correspondence is a letter, or
packets, &c.
whether any publication is a newspaper or a supplement, or whether any packet is a
book packet or pattern or sample packet, within the meaning of this Ordinance, or of
any order in Council , or regulations made thereunder, the decision thereon of the
Postmaster General shall be final, save that the Governor may, if he thinks fit, on the
application of any person interested , reverse or modify the decision, and order accord
ingly.
ORDINANCE No. 10 OF 1876. 1437
Post Office.
14. All correspondence which arrives in this Colony fully paid according to the Paid corres
pondence to be
delivered or
rates in force for the time being shall be delivered or transmitted from the Post Office transmitted
without delay.
without delay and without further charge. [Ibid, sec. 9.]
All correspondence which is delivered to the Post Office with the proper postage
paid thereon, shall be transmitted from the Post Office without delay.
15. All letters received or sent by sailors or soldiers of Her Majesty's sea or land Seamen's and
soldiers' letters.
forces shall be charged with such reduction in the rates of postage, as is allowed to [Ibid, sec. 13.]
them by any Act of the Imperial Parliament.
16. The Governor may, from time to time, provide proper postage stamps and Dies, & c. for
postage stamps.
proper dies and other implements for denoting, by adhesive stamps or otherwise , the [Ibid , sec. 22.j
rates of postage payable under this Ordinance, or any regulation thereunder.
17. The Postmaster General may, if necessary, open and, if possible, return to Opening letters.
Ibid, sec. 19.
-
the sender :
(1.) Any correspondence upon which the prepayment of postage is compul Unpaid letters.
sory, and which cannot be sent unpaid by any other route, and upon
which the proper postage has not been paid ;
(2. ) Any correspondence which is returned to the General Post Office for Dead letters.
want of a proper address, or from inability to find the person to whom
it is addressed, and which remains unclaimed for ten days after being
advertised in the Gazette.
18. When any packet is delivered to the Post Office and has thereby become Postage may be
remitted on
liable to postage, and evidence is adduced to the satisfaction of the Postmaster General packets not
containing
letters, it sent
that such packet has been delivered to the Post Office by mistake, the Postmaster in mistake.
[Ibid, sec. 21.]
General may cause such packet to be opened in the presence of an officer of the Post
Office, and may return the same without charge to the person interested ; unless
such packet is found to contain any letter or manuscript liable to postage ; in
which case the Postmaster General shall retain the packet until he is paid the full
rate of postage chargeable upon such letter or manuscript.
19. After any correspondence has been delivered to the Post Office, no person Warrants for
opening or
employed by or under the Post Office shall, except in the cases above mentioned, open returning cor
respondence.
[Ibid, sec. 20.)
the same, or return the same to any person, or procure or suffer the same to be opened
or returned, unless he is authorised by express warrant in writing under the hand of
the Governor, or the Brttish Consul at the port.
The Governor, or the British Consul at the port, may, at his discretion , grant
such warrants for opening or returning any specified letter or other article of
corresponden
ce .
Despatch and receipt of mails.
20. Every master of a vessel, shall , immediately on arrival, and before reporting Delivery ofmails.
Ibid, sec. 14.]
at the Harbour Office, deliver to the Post Office all letter bags and correspondence on
board, except such as are exempt by law, and shall make the declaration contained in
the schedule C hereto annexed, before an officer of the Post Office.
1438 ORDINANCE No. 10 OF 1876 .
Post Office.
Gratuities to 21. The Postmaster General shall pay to every master of a vessel , not being a
inasters of
vessels inwards. contract packet, a gratuity of two cents for every letter, and one cent for every other
[Ibid, sec. 12.)
article of correspondence delivered by him to the Post Office : Provided always that no
gratuity shall be payable,
(1.) For a second transmission of any correspondence ;
(2.) On correspondence delivered to any Post Office to be thence transmitted
by contract packet ;
(3.) On correspondence the gratuity on which is certified by the despatching
office to have been paid.
Gratuities to
masters of 22. The Postmaster General may pay like gratuities to any master of a vessel
vessels outwards. leaving Hongkong on every article of correspondence delivered to such master from
the Post Office, or certified by the Post Office of destination to have deen duly received
from him.
Rates ofgratuity. 23. The powers of the Governor in Council as defined and regulated by sections.
10 and 11 of this Ordinance, shall equally apply to the rates of gratuity to be paid to
ship masters for the delivery of mails , either generally or in particular cases : Provided
always, that the gratuities fixed by any Order in Council uuder this section , shall not
be less on the average than the sums otherwise required by this Ordinance to be paid.
Damages for 24. Every master of a vessel who receives such gratuities , shall be held to have
non-delivery of
mail. made a contract with the Postmaster General that in consideration of the gratuities
so paid, he will duly deliver all letter bags and correspondence received from the Post
Office unto the persons to whom the same are addressed immediately on his arrival in
port, without wilful or avoidable delay after his arrival, and that if he fail in any re
spect to perform his said contract, he will pay to the Postmaster General the sum of
five hundred dollars as liquidated damages for the breach of his said contract.
Persons propos 25. Every person or firm proposing to despatch a vessel to any port or place out
ing to despatch
vessels to give of this Colony, excepting vessels plying daily or on fixed days to Macao or to places
notice to the
Postmaster
General. on the Canton River, shall, so soon as he has arranged the time for the departure of
LIbid, sec. 16.]
such vessel, give the first intimation of such proposed departure to the Postmaster
General, and shall, in like manner, intimate to the Postmaster General any alteration
in the day or hour of departure of the said vessel, and the Postmaster General shall,
on receiving such intimations , give notice to the public of the day and hour for closing
the mails, if any are to be made up by such vessel.
Any person or firm failing to give such intimation to the Postmaster General
shall, for every such offence, on conviction thereof, be liable to a penalty not exceeding
five hundred dollars.
Every alteration of the hour of departure of any vessel plying daily or on fixed
days to Macao or to places on the Canton River, shall, in like manner, be intimated to
the Postmaster General by the person despatching such vessel, who shall, for any de
fault, be liable, on conviction thereof, to a penalty not exceeding one hundred dollars.
ORDINANCE No. 10 OF 1876 . 1439
Post Office.
26. The Postmaster General, or any officer of the Post Office authorised by him, Making up mails
on board.
may attend on board any vessel, after the time for closing the mail by such vessel , [Ibid, sec. 17,3
and may receive all fully prepaid correspondence which is brought on board up to the
time of departure to be transmitted by such vessel .
The master of every such vessel shall give all proper facilities to such officer of
the Post Office to enable him to discharge his duties and to make up such late mails,
and to leave the vessel on her departure, and any master of a vessel failing to give
any such facilities shall be liable, on conviction thereof, to a penalty not exceeding five
hundred dollars.
If there be no officer of the Post Office in attendance on board any vessel, the
master of such vessel may receive all correspondence which is brought on board to him
.
prepaid by stamps ; and shall deliver the same at the Post Office on arrival at his
destination.
Offences.
27. Every master of a vessel, which is not a contract packet, who commits any Penalties on
masters of
of the following offences, shall, on conviction thereof, be liable to a penalty not exceed vessels.
__
ing five hundred dollars, that is to say :
Refusal to take a letter bag delivered or tendered to him by an officer of the
Post Office for conveyance.
Refusal to sign a receipt for a letter bag delivered to him by an officer of the
Post Office for conveyance.
Neglect without reasonable excuse to deliver all correspondence to the Post [Ibid, sec. 14.)
Office on his arrival in the Colony.
Refusal or wilful neglect to make or making any untrue statement in, the [Ibid.
declaration hereby required of his having delivered his letters to the
Post Office.
Refusal or wilful neglect, if in quarantine, to deliver all correspondence in [Ibid.]
his possession to the person appointed to receive it.
28. Every person, employed by or under the Post Office, who steals, embezzles, Stealing letter
bags, forging
secretes, or destroys any correspondence shall be guilty of felony. stamps, and
other felonies.
Every person who steals from or out of any correspondence, any chattel , money ,
or valuable security, shall be guilty of felony.
Every person who steals or unlawfully takes away a letter bag, or steals or unlaw
fully takes any correspondence from or out of a letter bag, or unlawfully opens a letter
bag, shall be guilty of felony .
Every person who steals any correspondence from a letter bag, or from a Post
Office, or from an officer of the Post Office shall be guilty of felony.
Every person who forges, alters, or imitates, or assists in forging, altering, or
imitating, any postage stamp issued under this Ordinance, shall be guilty of felony .
Every person who uses, offers, utters, disposes of, or puts off any forged, altered,
or imitated postage stamp as aforesaid, knowing the same to be forged, altered, or
imitated, shall be guilty of felony .
1440 ORDINANCE No. 10 OF 1876.
Post Office.
Every person, who is convicted of any felony mentioned in this section shall be
liable, at the discretion of the Court, to be kept in penal servitude for any term not
exceeding seven years and not less than three years, or to be imprisoned for any term
not exceeding two years with or without hard labour.
Opening cor 29. Every person employed by or under the Post Office, who, without lawful
respondence
and other
misdemeanors . authority or excuse, opens, or suffers or procures to be opened, any correspondence ;
or who, without lawful authority or excuse, detains or delays or procures or su to
be detained or delayed , any correspondence ; or who wilfully delivers any correspond
ence to any person other than the person to whom the same ought to be delivered,
shall be guilty of a misdemeanor.
Every person who fraudulently obtains from any person employed by or under
the Post Office, or fraudulently detains, or wilfully secretes, keeps, or detains, any
letter bag, or any correspondence which ought to have been delivered to any other
person, shall be guilty of a misdemeanor.
Every person who fraudulently removes any postage stamp from any correspond
ence, or wilfully removes from any postage stamp any mark that has been made
thereon at any Post Office, or knowingly uses or puts off any postage stamp from
which any such mark has been removed, shall be guilty of a misdemeanor.
Every person who is convicted of any misdemeanor mentioned in this section.
shall be liable, at the discretion of the Court, to be imprisoned for any term not
exceeding two years with or without hard labour.
Receiving stolen 30. The sections of the Larceny Ordinance (No. 7 of 1865) relating to receiving
correspondence.
stolen goods, that is to say, sections 75 to 82, both inclusive, shall apply to felonies
and misdemeanors committed under this Ordinance ; and for that purpose, the
expression " this Ordinance " when used in the said sections shall be taken to include
the present Ordinance.
Allegations to 31. In any proceedings against any person for any offence committed against this
be used in pro
ceedings for
offences. Ordinance, in respect of any letter bag, or correspondence, it shall be sufficient to allege
such letter bag, or correspondence to be the property of the Postmaster General without
mentioning his name, and in any such proceedings against any person employed by or
under the Post Office , it shall be sufficient to allege that such person was employed by
or under the Post Office, without stating further the nature or particulars of his em
ployment.
Penalties may 32. All pecuniary penalties for offences against this Ordinance may be recovered
be recovered in
a summary way
within one year. in a summary way before a Magistrate, but proceedings for the recovery of such
[Ibid, sec. 23.)
penalties shall be commenced within one year after the offence was committed.
Repeal. 33. Ordinance No. 8 of 1862 is hereby repealed , but such repeal shall not affect
anything lawfully done or commenced to be done thereunder.
Suspending 34. This Ordinance shall take effect on a day to be hereafter proclaimed by the
clause.
Governor.
ORDINANCE No. 10 of 1876 . 1441
Post Office.
SCHEDULE A.
I, See Ord, of 1962.
do solemnly and sincerely declare, that I will not willingly or knowingly open , Schelule 4.)
detain, return, delay, or misdeliver, or cause or suffer to be opened, detained, returned , delayed, or
misdelivered, any correspondence which shall come into my hands, power, or custody by reason of my
employment by or under the Post Office, except by the consent of the person to whom such correspond.
ence shall be directed, or by an express warrant in writing for that purpose under the hand of the
Governor of Hongkong, or of Her Britannic Majesty's Consul at the port where I may be stationed, or
except in pursuance and under the authority of any of the provisions of any Ordinance now or hereafter
to be in force in the Colony of Hongkong relating to the l'ost Office of the said Colony.
Declared before me this day of 187
"
Justice ofthe Peace.
or H. B. M's Consul. )
SCHEDULE B.
I, do solemnly and sincerely declare, that I will not willingly or knowingly open, [Ibid, Schedule 4.]
detain, return, delay, or misdeliver, or cause or suffer to be opened, detained , returned, delayed, or
misdelivered, any correspondence which shall come into my hands, power, or custody by reason of my
employment by or under the Post Office.
Declared before me this day of 187
Justice ofthe Peace.
or H. B. M's Consul.
SCHEDULE C.
I do solemnly declare, that I have, to the best of any knowledge and belief, delivered or caused to (Ibid . Schedule B.)
be delivered to the Post Office at Hongkong every letter bag and all correspondence that was on board
the vessel under my command, except such correspondence as is exempt by law.
A. B.
Commander of the
Declared before me this day of 187
[In force from the 23rd July, 1877, under proclamation of the 17th July, 1877 :
Repealed by Ordinance No. 12 of 1884.]
NOTE.- The following Orders in Council, Rules, Regulations &c. were made under this
Ordinance :
Order as to Rates of Postage &c., 17th September, 1871 , ( Gazette 22nd
of same month.)
Notification as to Money Order System, 16th July, 1878, ( Gazette 20th of
same month.)
Order as to Rates of Postage & c ., 6th November, 1878, ( Gazette 9th of
same month.)
Order as to Rates of Postage &c., 1st April, 1879, ( Gazette 2nd of
same month. )
Regulations as to Local &c . Money Orders, 23rd December, 1879, ( Gazette
24th of same month.)
Regulations as to Postage to Australia &c., 20th January, 1880, ( Gazette
21st of same month.)
Order asto Rates ofPostage, 18th February, 1880, ( Gazette ofsame date.)
1442 ORDINANCES Nos . 10 AND 11 OF 1876 .
Post Office. River Steamers.
Regulations as to Soldiers and Sailors Letters, 18th February, 1880, ( Gazette
of same date.)
Order us to Rates ofPostage &c., 27th November, 1880, ( Gazette ofsame date.)
Order as to Rates of Postage &c., 9th July, 1881 , ( Gazette of same date.)
Order as to Rates of Postage &c., 13th December, 1881, ( Gazette 17th
of same month.)
Regulators as to Money Orders and Parcel Post, 24th December, 1881,
(Gazette of same date. )
Order as to Rates of Postage to Borneo, 11th September, 1882, ( Gazette
16th of same month.)
Regulations as to Money Orders, 30th December, 1882, ( Gazette ofsame date.)
No. 11 of 1876 .
Title .
An Ordinance to regulate the Number of Passengers carried by Steam
vessels plying between Hongkong and Macao, and between Hong
kong and Places on the Canton River.
[ 18th December, 1876. ]
Preamble. HEREAS it is expedient to regulate the number of passengers to be carried by
W steamers plying between Hongkong, Canton , and Macao, and to guard against
accidents arising from overcrowding and other probable dangers : Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
Short title. 1. This Ordinance may be cited as " The River Steamers' Ordinance, 1876."
Steamers leav 2. Three days after the passing of this Ordinance, if any steam-ship shall leave
ing Hongkong,
Macao, or Canton the waters of the Colony of Hongkong for Canton, or for any place on the Canton
only allowed to
carry a limited
number of river, or for Macao, having on board a greater number of passengers than in the pro
passengers.
portion of two passengers for every three tons of the registered net tonnage of such
steam-ship, the owner or master thereof, shall be liable to a penalty not exceeding two
hundred and fifty dollars, in addition to a penalty of five dollars for every passenger
on board in excess of the proportion of two passengers for every registered three tons
(net) of the said steam-ship.
Steamers from 3. Three days after the passing of this Ordinance, if any steam-ship shall enter
Canton and
Macao allowed the waters of the Colony of Hongkong, having passengers on board, from Canton or
to fetch only a
limited number
of passengers to from places on the Canton river, or from Macao, in excess of the proportion of two
Hongkong .
passengers for every three tons of the registered net tonnage of such steam-ship , the
owner or master thereof, shall be liable to a penalty not exceeding two hundred and
fifty dollars, in addition to a penalty of five dollars for every passenger on board , in
excess of the proportion of two passengers for every registered three tons (net) of the
said steam-ship.
Penalties how 4. All penalties for offences against this Ordinance, may be recovered in a sum
levied.
mary way before a Stipendiary Magistrate.
[ Repealed by Ordinance No. 8 of 1879.]
ORDINANCE No. 1 of 1877 . 1443
Companies.
No. 1 of 1877.
An Ordinance to amend " The Companies Ordinance, 1865 ," Title.
and to repeal Ordinance No. 4 of 1876.
[ 21st June , 1877. ]
HEREAS it is expedient to extend to all companies limited by Preamble.
W [See Ordi
shares and registered in the Colony the power of sub-dividing nances No. 1
of 1865, Nos.2
their shares , and to amend " The Companies Ordinance, 1865 ; " Be it & 3 of1866,
No. 14 of
enacted by the Governor of Hongkong, with the advice of the Legislative 1881 , No. 3 of
1883, No. 30
Council thereof, as follows : of 1886. ]
1. Ordinance No. 4 of 1876 is hereby repealed . Ordinance
No. 4 of 1876
repealed.
2. This Ordinance may be cited as " The Companies Ordinance, Short title.
1877."
3. "The Companies Ordinance, 1865," is hereinafter referred to as Ordinance to
be construed
" The Principal Ordinance ;" and the principal Ordinance and this as one with
No. 1 of 1865.
Ordinance are hereinafter distinguished as and may be cited as "The [30 & 31 Vic .
č. 131 s. 2.]
Companies Ordinances , 1865 and 1877 ;" and this Ordinance shall, so far
as is consistent with the tenor thereof, be construed as one with the
principal Ordinance ; and the expression " This Ordinance " in the principal
Ordinance, and any expression referring to the principal Ordinance, which
occurs in any Ordinance, or other document, shall be construed to mean
the principal Ordinance as amended by this Ordinance.
Unlimited liability of directors.
4. Where after the commencement of this Ordinance a company Company
may have
is formed as a limited company under the principal Ordinance, the directors with
unlimited
liability of the directors or managers of such company, or the managing liability.
director, may, if so provided by the memorandum of association, be [sec. 4. ]
unlimited.
5. The following modifications shall be made in the thirty- seventh Liability of
director , past
section of the principal Ordinance , with respect to the contributions to be and present ,
where
required in the event of the winding- up of a limited company under the liability is
unlimited.
principal Ordinance, from any director or manager whose liability is , in [sec. 5. ]
pursuance of this Ordinance, unlimited:
(1. ) Subject to the provisions hereinafter contained , any such
director or manager, whether past or present, shall , in
1444 ORDINANCE No. 1 OF 1877 .
Companies.
addition to his liability (if any ) to contribute as an
ordinary member, be liable to contribute as if he were
at the date of the commencement of such winding- up a
member of an unlimited company :
(2. ) No contribution required from any past director or manager
who has ceased to hold such office for a period of one
year or upwards prior to the commencement of the
winding-up shall exceed the amount ( if any ) which he
is liable to contribute as an ordinary member of the
company :
(3. ) No contribution required from any past director or manager
in respect of any debt or liability of the company
contracted after the time at which he ceased to hold
such office shall exceed the amount ( if any ) which he
is liable to contribute as an ordinary member of the
company :
(4. ) Subject to the provisions contained in the regulations of
the company , no contribution required from any director
or manager shall exceed the amount ( if any ) which he
is liable to contribute as an ordinary member unless the
court deems it necessary to require such contribution in
order to satisfy the debts and liabilities of the company ,
and the costs , charges , and expenses of the winding- up .
Director with 6. In the event of the winding-up of any limited company, the
unlimited
liability may court , if it think fit, may make to any director or manager of such
have set-off as
under s. 98 of company, whose liability is unlimited, the same allowance by way of
No. 1 of 1865
[ sec. 6. ] set-off as under the ninety - eighth section of the principal Ordinance
it may make to a contributory where the company is not limited .
Notice to be 7. In any limited company in which , in pursuance of this Ordinance ,
given to
director on the liability of a director or manager is unlimited , the directors or
his election
that his managers of the company ( if any ), and the member who proposes any
liability will
be unlimited. person for election or appointment to such office , shall add to such
[sec. 7. ]
proposal a statement that the liability of the person holding such office
will be unlimited , and the promoters , directors , managers , and secretary
(if any) of such company , or one of them, shall, before such person
accepts such office or acts therein , give him notice in writing that his
liability will be unlimited .
ORDINANCE No. 1 or 1877 . 1445
Companies.
If any director, manager, or proposer make default in adding such
statement, or if any promoter, director, manager, or secretary, make
default in giving such notice, he shall be liable to a penalty not exceeding
five hundred dollars, and shall also be liable for any damage which the
person so elected or appointed may sustain from such default, but the
liability of the person elected or appointed shall not be affected by such
default.
8. Any limited company under the principal Ordinance, whether Existing
limited com
formed before or after the commencement of this Ordinance, may, by a pany may, by
special reso
special resolution , if authorized so to do by its regulations, as originally lution, make
liability of
framed or as altered by special resolution , from time to time modify directors
unlimited.
the conditions contained in its memorandum of association so far as to [sec. 8. ]
render unlimited the liability of its directors or managers, or of the
managing director ; and such special resolution shall be of the same
validity as if it had been originally contained in the memorandum of
association, and a copy thereof shall be embodied in or annexed to every
copy ofthe memorandum of association which is issued after the passing
of the resolution, and any default in this respect shall be deemed to be
a default in complying with the provisions of the fifty-third section of
the principal Ordinance, and shall be punished accordingly.
Reduction ofcapital and shares.
9. Any company limited by shares may, by special resolution , so Power to
company to
far modify the conditions contained in its memorandum of association , reduce
capital.
if authorized so to do by its regulations as originally framed -or as [ sec. 9. ]
altered by special resolution , as to reduce its capital ; but no such
resolution for reducing the capital of any company shall come into
operation until an order of the Court is registered by the Registrar of
Companies, as is hereinafter mentioned .
10. The company shall, after the date of the passing of any special Company to
add " and
resolution for reducing its capital, add to its name, until such date as reduced " to
its name for
the Court may fix, the words " and reduced , " as the last words in its a limited
name, and those words shall , until such date, be deemed to be part of period
[sec. 10. ]
the name of the company within the meaning of the principal Ordinance.
11. A company which has passed a special resolution for reducing Company to
apply to the
its capital , may apply to the Court by petition for an order confirming Court for an
1446 ORDINANCE No. 1 OF 1877.
Companies.
order con
the reduction, and on the hearing of the petition -the Court, if satisfied
firming
reduction . that with respect to every creditor of the company who, under the
[sec. 11.]
provisions of this Ordinance, is entitled to object to the reduction , either
his consent to the reduction has been obtained , or his debt or claim has
been discharged or has determined , or has been secured as hereinafter
provided, may make an order confirming the reduction on such terms
and subject to such conditions as it deems fit .
Creditors 12. Where a company proposes to reduce its capital, every creditor
may object
-
to reduction, of the company who at the date fixed by the Court - is entitled to any
and list of
objecting debt or claim which, if that date were the commencement of the winding
creditors to
be settled by up of the company, would be admissible in proof against the company
the Court.
[sec. 13. ] shall be entitled to object to the proposed reduction , and to be entered
in the list of creditors who are so entitled to object.
The Court shall settle a list of such creditors, and for that purpose
shall ascertain- as far as possible, without requiring an application from
any creditor-the names of such creditors and the nature and amount
of their debts or claims , and may publish notices fixing a certain day or
days within which creditors of the company who are not entered on the
list are to claim to be so entered or to be excluded from the right of
objecting to the proposed reduction .
Court may 13. Where a creditor whose name is entered on the list of creditors ,
dispense with
consent of and whose debt or claim is not discharged or determined , does not
creditor on
security consent to the proposed reduction , the Court may ( if it think fit ) dispense
being given
for his debt . with such consent on the company securing the payment of the debt or
[sec. 14. ]
claim of such creditor by setting apart and appropriating in such manner
as the Court may direct, a sum of such amount as is hereinafter
mentioned ; that is to say, --
( 1. ) If the full amount of the debt or claim of the creditor is
admitted by the company, or, though not admitted, is
such as the company are willing to set apart and appro
priate, then the full amount of the debt or claim shall
be set apart and appropriated :
( 2. ) If the full amount of the debt or claim of the creditor is
not admitted by the company, and is not such as the
company are willing to set apart and appropriate, or if
the amount is contingent or not ascertained , then the
Court may, if it think fit, inquire into and adjudicate
ORDINANCE No. 1 OF 1877. 1447
Companies.
upon the validity of such debt or claim, and the amount
for which the company may be liable in respect thereof,
in the same manner as if the company were being wound
up by the Court, and the amount fixed by the Court on
such inquiry and adjudication shall be set apart and
appropriated.
Order and
14. The Registrar of Companies, upon the production to him of an minute to be
order of the Court confirming the reduction of the capital of a company, registered.
[sec. 15. ]
and the delivery to him of a copy of the order and of a minute ( approved
by the Court ) , showing with respect to the capital of the company,
altered by the order, the amount of such capital , the number of shares
in which it is to be divided , and the amount of each share , shall register
the order and minute, and on the registration the special resolution
confirmed by the order so registered shall take effect.
Notice of such registration shall be published in such manner as
the Court may direct .
The Registrar shall certify under his hand the registration of the
order and minute, and his certificate shall be conclusive evidence that
all the requisitions of this Ordinance with respect to the reduction of
capital have been complied with , and that the capital of the company is
such as is stated in the minute.
Minute to
15. The minute- when registered - shall be deemed to be substituted
form part of
for the corresponding part of the memorandum of association of the memorandum
of association.
company, and shall be of the same validity, and subject to the same [sec. 16. ]
alterations—as if it had been originally contained in the memorandum of
association and , subject—as in this Ordinance mentioned, no member of
the company , whether past or present, shall be liable in respect of any
share to any call or contribution exceeding in amount the difference
(if any) between the amount which has been paid on such share and the
amount of the share as fixed by the minute.
16. If any creditor who is entitled in respect of any debt or claim Saving of
rights of
to object to the reduction of the capital of a company under this Ordi creditors who
are ignorant
nance is , in consequence of his ignorance of the proceedings taken with of proceed
ings.
a view to such reduction , or of their nature and effect with respect to his [ sec. 17. ]
claim, not entered on the list of creditors, and after such reduction the
company is unable , within the meaning of the seventy -eighth section of
the principal Ordinance, to pay to the creditor the amount of such debt
or claim, every person who was a member of the company at the date of
1443 ORDINANCE No. 1 OF 1877 .
Companies.
the registration of the order and minute relating to the reduction of the
capital of the company, shall be liable to contribute for the payment of
such debt or claim an amount not exceeding the amount which he would
have been liable to contribute if the company had commenced to be
wound-up on the day prior to such registration , and on the company
being wound-up, the Court, on the application of such creditor, and on
proof that he was ignorant of the proceedings taken with a view to the
reduction , or of their nature and effect with respect to his claim, may ,
if it think fit, settle a list of such contributories accordingly , and make
and enforce calls and orders on the contributories settled on such list in
the same manner in all respects as if they were ordinary contributories
in a winding-up ; but the provisions of this section shall not affect the
rights of the contributories of the company among themselves .
Copy of 17. A minute -when registered - shall be embodied in every copy
registered
minute . of the memorandum of association issued after its registration ; and if
sec. 18. ]
any company makes default in complying with the provisions of this
section -it shall incur a penalty not exceeding five dollars for each copy
in respect of which such default is made, and every director and manager
of the company who shall knowingly and wilfully authorize or permit
such default shall incur the like penalty.
Penalty on 18. If any director, manager, or officer of the company wilfully
concealment
of name of conceals the name of any creditor of the company who is entitled to
Creditor.
sec. 19. ] object to the proposed reduction or wilfully misrepresents the nature or
amount of the debt or claim of any creditor of the company, or if any
director or manager of the company aids or abets in or is privy to any
such concealment or misrepresentation as aforesaid , every such director,
manager, or officer shall be guilty of a misdemeanour .
Power to 19. The powers of making rules concerning winding- up conferred
make rules
extended to by the one hundred and fifty-eighth section of the principal Ordinance ,
making rules
concerning shall extend to making rules concerning matters under this Ordinance,
matters in
this Ordi and until such rules are made -the practice of the Court in matters of
nance.
the same nature, shall , so far as the same is applicable, be followed .
[ sec. 20. ]
Subdivision of shares.
Shares may 20. Any company limited by shares may-by special resolution
be divided
into shares so far modify the conditions contained in its memorandum of association,
of smaller
amount. if authorized so to do by its regulations as originally framed or as altered
[sec. 21. ]
by special resolution, as by subdivision of its existing shares or any of
ORDINANCE No. 1 OF 1877 . 1449
Companies.
them , to divide its capital, or any part thereof, into shares of smaller
amount than is fixed by its memorandum of association :
Provided, [ that the amount in which each share is so reduced shall, in
no case, be less than one fourth part of the amount of the original share,
and, Repealed by Ordinance No. 3 of 1883 ] that in the subdivision of
the existing shares the proportion between the amount which is paid and
the amount (if any ) which is unpaid on each share of reduced amount
shall be the same as it was in the case of the existing share or shares
from which the share of reduced amount is derived.
21. The statement of the number and amount of the shares into Special reso
lution to be
which the capital of the company is divided-contained in every copy of embodied in
memorandum
the memorandum of association issued after the passing of any such of association.
[sec. 22.]
special resolution , shall be in accordance with such resolution ; and any
company which makes default in complying with the provisions of this
section shall incur a penalty not exceeding five dollars for each copy in
respect of which such default is made ; and every director and manager
ofthe company who knowingly or wilfully authorizes or permits such
default shall incur the like penalty.
Associations not for profit.
22. Where any association is about to be formed under the principal Special as
visions proto
associations
Ordinance as a limited company, if it proves to the Governor that it is formed for
formed for the purpose of promoting commerce, art, science , religion , purposes not
of gain.
charity, or any other useful object, and that it is the intention of such [sec. 23. ]
association to apply the profits, if any, or other income of the association ,
in promoting its objects , and to prohibit the payment of any dividend to
the members of the association , the Governor may -by licence, under
his hand , direct such association to be registered with limited liability
without the addition of the word limited to its name, and such association
.
may be registered accordingly, and upon registration shall enjoy all the
Privileges and be subject to the obligations by this Ordinance imposed
on limited companies , with the exceptions that none of the provisions of
this Ordinance that require a limited company to use the word limited as
any part of its name, or to publish its name or to send a list of its
members , directors , or managers to the Registrar, shall apply to an
association so registered .
1450 ORDINANCE No. 1 of 1877.
Companies.
The licence by the Governor may be granted upon such conditions
and subject to such regulations as the Governor thinks fit to impose, and
such conditions and regulations shall be binding on the association , and
may, at the option of the Governor, be inserted in the memorandum and
articles of association, or in both or one of such documents.
Calls upon shares - Payment.
Company 23. Nothing contained in the principal Ordinance shall be deemed
may have
some shares to prevent any company under that Ordinance, if authorized by its regu
fully paid,
and others lations as originally framed-or as altered by special resolution , from
not . [sec . 24. ] doing any one or more of the following things ; namely,
( 1. ) Making arrangements on the issue of shares for a difference
between the holders of such shares in the amount of
calls to be paid, and in the time of payment of such
calls.
(2. ) Accepting from any member of the company who assents
thereto the whole or a part of the amount remaining
unpaid on any share or shares held by him, either in
discharge of the amount of a call payable in respect of
any other share or shares held by him -or without any
call having been made.
(3. ) Paying dividend in proportion to the amount paid up on
each share in cases where a larger amount is paid up on
some shares than on others .
Manner in 24. Every share in any company shall be deemed and taken to have
which shares
are to be been issued and to be held subject to the payment of the whole amount
issued and
held . [sec. 25. ] thereof in cash , unless the same shall have been otherwise determined by
a contract duly made in writing, and filed with the Registrar of Companies
at or before the issue of such shares.
Transfer of shares.
Transfer may 25. A company shall-on the application of the transferor of any
be registered
at request of share or interest in the company -enter in its register of members the
transferor.
[sec . 26. ] name of the transferee of such share or interest, in the same manner and
subject to the same conditions as if the application for such entry were
made by the transferee.
ORDINANCE No. 1 OF 1877 . 1451
Companies.
Share warrants to bearer .
26. In the case of a company limited by shares - the company , if Warrant of
limited shares
authorized so to do by its regulations as originally framed -or as altered fully paid up
may be issued
by special resolution , and subject to the provisions of such regulations , in name of
bearer.
may, with respect to any share which is fully paid up, or with respect [sec. 27. ]
to stock issue under their common seal a warrant stating that the bearer
of the warrant is entitled to the share or shares or stock therein specified ,
and may provide, by coupons or otherwise, for the payment of the future
dividends on the share or shares or stock included in such warrant ,
hereinafter referred to as a share warrant .
27. A share warrant shall entitle the bearer of such warrant to the Effect of
sharewarrant.
shares or stock specified in it, and such shares or stock may be trans [sec. 28. ]
ferred by the delivery of the share warrant.
28. The bearer of a share warrant shall, subject to the regulations Re-registra
tion of bearer
of the company , be entitled , on surrendering such warrant for cancellation , of a share
warrant in the
to have his name entered as a member in the register of members , and register.
the company shall be responsible for any loss incurred by any person by [sec. 29. ]
reason of the company entering in its register of members the name of
any bearer of a share warrant in respect of the shares or stock specified
therein without the share warrant being surrendered and cancelled .
29. The bearer of a share warrant may, if the regulations of the Regulation of
the company
company so provide, be deemed to be a member of the company within may make the
bearer of a
the meaning of the principal Ordinance, either to the full extent or for share warrant
such a member.
purposes as may be prescribed by the regulations : [sec. 30. ]
Provided that the bearer of a share warrant shall not be qualified in
respect of the shares or stock specified in such warrant for being a director
or manager ofthe company in cases where such a qualification is prescribed
by the regulations of the company .
30. On the issue of a share warrant in respect of any share or stock Entries in
-the register where
membercompany shall strike out of its register of members the name of the share warrant
then entered therein as holding such share or stock as if he had [sec. 31. ]
issued.
ceased
ticu to be a member , and shall enter in the register the following par
lars:
―――
( 1. ) The fact of the issue of the warrant.
1452 ORDINANCE No. 1 OF 1877.
Companies.
(2. ) A statement of the shares or stock included in the warrant ,
distinguishing each share by its number.
( 3. ) The date of the issue of the warrant.
And until the warrant is surrendered -the above particulars shall be
deemed to be the particulars which are required by the twenty-fourth
section of the principal Ordinance to be entered in the register of members
of a company ; and on the surrender ofa warrant the date of such surrender
shall be entered as if it were the date at which a person ceased to be a
member.
Particulars to 31. After the issue by the company of a share warrant --the annual
be contained
in annual summary required by the twenty-fifth section of the principal Ordinance
summary .
[sec. 32. ] shall contain the following particulars, -the total amount of shares or
stock for which share warrants are outstanding at the date of the sum
mary, and the total amount of share warrants which have been issued and
surrendered respectively since the last summary was made, and the number
of shares or amount of stock comprised in each warrant.
Stamps on 32. There shall be charged on every share warrant a stamp duty of
share
warrants. an amount equal to three times the amount of the ad valorem stamp duty
[sec. 33. ]
which would be chargeable on a deed transferring the share or shares or
stock specified in the warrant, if the consideration for the transfer were
the nominal value of such share or shares or stock.
Penalties on 33. Whosoever forges or alters, or offers , utters, disposes of, or
persons
committing puts off, knowing the same to be forged or altered , any share warrant or
forgery.
[sec. 34. ] coupon, or any document purporting to be a share warrant or coupon ,
issued in pursuance of this Ordinance, or demands or endeavours to obtain
or receive any share or interest of or in any company under the principal
Ordinance, or to receive any dividend or money payable in respect thereof,
by virtue of any such forged or altered share warrant, coupon , or docu
ment, purporting as aforesaid, knowing the same to be forged or altered ,
with intent in any of the cases aforesaid to defraud shall be guilty of
felony, and being convicted thereof shall be liable , at the discretion of the
Court, to be kept in penal servitude for life or for any term not less than
three years, or to be imprisoned for any term not exceeding two years ,
with or without hard labour, and with or without solitary confinement.
ORDINANCE No. 1 OF 1877 . 1453
Companies.
34. Whosoever falsely and deceitfully personates any owner of any Penalties on
persons
share or interest of or in any company, or of any share warrant or coupon falsely
personating
issued in pursuance of this Ordinance, and thereby obtains or endeavours owner of
shares.
to obtain any such share or interest , or share warrant or coupon , or [sec. 35. ]
receives or endeavours to receive any money due to any such owner, as
if such offender were the true and lawful owner , shall be guilty of felony,
and being convicted thereof shall be liable, at the discretion of the Court,
to be kept in penal servitude for life or for any term not less than three
years, or to be imprisoned for any term not exceeding two years, with or
without hard labour , and with or without solitary confinement .
Penalties o11
35. Whosoever , without lawful authority or excuse the proof whereof
persons
shall be on the party accused , engraves or makes upon any plate, wood , engraving
plates, & c.
stone, or other material-any share warrant or coupon purporting to be [sec. 36.]
a share warrant or coupon issued or made by any particular company
under and in pursuance of this Ordinance, or to be a blank share warrant
or coupon issued or made as aforesaid , or to be a part of such a share
warrant or coupon , or uses any such plate, wood, stone, or other material
for the making or printing any such share warrant or coupon , or any
such blank share warrant or coupon , or any part thereof respectively, or
knowingly has in his custody or possession any such plate, wood , stone,
or other material, shall be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal servitude
for any term not exceeding fourteen years and not less than three years ,
or
to be imprisoned for any term not exceeding two years, with or
without hard labour, and with or without solitary confinement .
Contracts.
36.
Ordinan ceContracts on behalf of any company under the principal Contracts
may hereafter be made as follows ; (that is to say ) , how made.
[sec. 37. ]
(1. ) Any contract which—if made between private persons
would be by law required to be in writing, and under
seal, may be made on behalf of the company in writing
under the common seal of the company, and such contract
may be in the same manner varied or discharged ;
1454 ORDINANCE No. 1 of 1877 .
Companies.
(2. ) Any contract which —if made between private persons
would be by law required to be in writing, and signed
by the parties to be charged therewith, may be made on
behalf of the company in writing signed by any person
acting under the express or implied authority of the
company, and such contract may in the same manner be
varied or discharged :
( 3. ) Any contract which —if made between private persons
would by law be valid although made by parol only,
and not reduced into writing, may be made by parol
on behalf of the company by any person acting under
the express or implied authority of the company, and
such contract may-in the same way-be varied or
discharged :
And all contracts made according to the provisions herein contained
shall be effectual in law, and shall be binding upon the company and their
successors and all other parties thereto, their heirs , executors , or
administrators , as the case may be.
Prospectus, 37. Every prospectus of a company, and every notice inviting
&c.; to
specify dates persons to subscribe for shares in any joint stock company, shall specify
and names
of any parties the dates and the names of the parties to any contract entered into by the
to any
contract made company, or the promoters , directors , or trustees thereof, before the issue
prior to
issue of such of such prospectus or notice, whether subject to adoption by the directors
prospectus .
[sec. 38. ] or the company , or otherwise ; and any prospectus or notice not specifying
the same shall be deemed fraudulent on the part of the promoters ,
directors and officers of the company knowingly issuing the same, as
regards any person taking shares in the company on the faith of such
prospectus , unless he shall have had notice of such contract.
Meetings.
Company to 38. Every company formed under the principal Ordinance after the
hold meeting
within four commencement of this Ordinance, shall hold a general meeting within
months after
registration. four months after its memorandum of association is registered ; and if
[sec. 39. ]
such meeting is not held-the company shall be liable to a penalty not
exceeding twenty-five dollars a day for every day after the expiration of
such four months until the meeting is held ; and every director or manager
ORDINANCE No. 1 of 1877 . 1455
Companies.
of the company , and every subscriber of the memorandum of association ,
who knowingly authorizes or permits such default, shall be liable to the
same penalty .
Winding-up.
39. Whenever any compromise or arrangement is proposed between To facilitate
compromises
a company , which is in course of being wound -up , and its creditors or in winding
up.
any class of its creditors , the Court upon the application in a summary [33 & 34 Vic.
of • c. 104. ]
way any creditor, or of the liquidator, may, in addition to its other
powers, order that a meeting of such creditors or class of creditors.
be summoned in such manner as the Court directs , and if at such
meeting a majority in number, present in person or by proxy, and
representing three-fourths in value of such creditors or class of creditors,
agree to any compromise or arrangement, such compromise or arrange
ment, if sanctioned by an order of the Court, shall be binding on all such
creditors or class of creditors, and on the liquidator and contributories of
the company.
40. No contributory of a company under the principal Ordinance Contributory
when not
shall be capable of presenting a petition for winding-up such company
present
unless the members of the company are reduced in number to less than winding-up
petition.
seven , or unless the shares in respect of which he is a contributory , or [30 & 31 Vic.
c. 131 s. 40. ]
some of them, either were originally allotted to him-or have been held
by him, and registered in his name, for a period of at least six months
during the eighteen months previously to the commencement of the
winding-up, or have devolved upon him through the death of a former
holder :
Provided that where a share has, during the whole or any part of
the six months - been held by or registered in the name of the wife of a
contributory either before or after her marriage, or by or in the name of
any trustee or trustees for such wife or for the contributory, such share
shall
-for the purposes of this section, be deemed to have been held by
and registered in the name of the contributory .
al ter aNothing
41. in this Ordinance contained shall empower any company Not to
to ny provision contained in any Ordinance relating to the empower
compan companies to
y; o , wi
r thout the sanction of the Governor , to alter any provision alter provi
contain sions of any
ed in any Lett
ers Patent relating to the company. Ordinance or
Letters
Patent.
[sec. 47. ]
1456 ORDINANCE No. 2 of 1877 .
Revenue .
No. 2 of 1877.
Title. An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Seventy-four thousand Dollars to defray the Charges
of the Year 1876.
[ 17th September, 1877. ]
Preamble. HEREAS it has become necessary to make further provision for the public
WHIservice of the Colony for the year 1876, in addition to the charge upon the
revenue for the service of the said year already provided for in the estimates submitted
to the Legislative Council : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :--
Supplementary 1. A sum not exceeding Seventy-four thousand dollars shall be and the same is
Estimates, 1876.
hereby charged upon the revenue of this Colony for the service of the year 1876, the said
sum so charged being expended as hereinafter specified ; that is to say :
ESTABLISHMENTS :
$ c.
Governor,....... 1,967.83
Colonial Secretary, 322.86
Colonial Treasurer, 251.99
Registrar General, 113.30
Gaol, ..... ... 307.95
Fire Brigade , 323.58
TOTAL ESTABLISHMENTS , ......$ 3,287.51
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Postmaster General, 405.86
Police, ..... 1,781.43
Gaol, .... 302.36
Fire Brigade, 4,509.71
Charitable Allowances, 288.76
Works and Buildings,.... 46,181.81
Roads, Streets , and Bridges, 9,443. 19
Miscellaneous Services, ……... 1,381.71
Military Contribution, ....... 5,855.53
TOTAL EXCLUSIVE OF ESTABLISHMENTS , ... $70,150.36
TOTAL,... .....$73,437.36
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 3 OF 1877 . 1457
Revenue.
No. 3 of 1877.
Title.
An Ordinance to apply a sum not exceeding Seven hundred and eighty
three thousand Dollars to the Public Service of the year 1878.
[ 19th November, 1877. ]
Preamble.
HEREAS the expenditure required for the service of this Colony for the year
WHER E has been estimated at the sum of seven hundred and eighty-two
1878
thousand eight hundred and sixty-two dollars and fifty-eight cents : Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows:
1. A sum not exceeding seven hundred and eighty-three thousand dollars shall be, and Estimates, 1878.
the same is hereby charged upon the revenue of this Colony for the service of the year
1878, and the said sum so charged shall be expended as hereinafter specified ; that is to
say :
ESTABLISHMENTS : $ c.
Governor, 2,708.00
Colonial Secretary , 3,656.00
Colonial Treasurer, 3,672.00
Auditor General, .... 15,479.00
Clerk of Councils, ...... 100.00
Surveyor General, .....
. 27,218.00
Government Gardens, 4,528.80
Postmaster General, ...... 31,200.00
Registrar General, ....... 11,626.00
Harbour Master , 27,170.00
Lighthouses , ..... 7,424.00
Collector of Stamp Revenue, 4,312.00
Judicial,
..... 22,454.00
Registrar of Companies , 192.00
Ecclesiastical,
... 1,158.00
Educationa
l, .... 17,436.00
Medica
l, ..... 14,652.00
Police Magistrates,
6,394.00
Polic
e,
145,762.80
Gaol
, …………….... 20,016.00
Fire Brigade, ..
8,566.00
Total Establishments, $375,724.60
1458 ORDINANCES No. 3 OF 1877 AND No. 1 OF 1878 .
Revenue. Chinese Emigration.
Brought forward, ........ $ 375,724.60
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, 1,500.00
Surveyor General, ......
. 1,800.00
Postmaster General,.. 20,734.78
Registrar General, 25.00
Judicial, ... 200.00
Educational, 5,620.00
Medical, ……………. 18,220.00
Police Magistrates , ... 390.00
Police,.... 28,885.00
Gaol, 16,170.00
Fire Brigade, ………………. 3,075.20
Charitable Allowances,.... 4,000.00
Transport, ..... 4,500.00
Works and Buildings, . 110,250.00
Roads, Streets, and Bridges, 47,420.00
Lighthouses, 1,000.00
Miscellaneous Services ,...... 39,000.00
Military Contribution , .... 104,348.00
TOTAL,......... $ 782,862.58
[ Repealed by Ordinance No. 4 of 1887.]
No. 1 of 1878.
Title. An Ordinance to relieve a certain class of Passenger Steamers from the
Regulations of Schedule A of " The Chinese Passengers ' Act, 1855 ,"
and from the Regulations of Schedule E of " The Chinese Emigration
Consolidation Ordinance , 1874," and to substitute other Regulations
in regard thereto .
[ 29th April, 1878. ]
Preamble. HEREAS by section 2 of " The Chinese Passengers ' Act, 1855 ," it is enacted
W that it should be lawful for the Legislature of Hongkong, by any Ordinance
to be by them enacted for that purpose, to make regulations respecting Chinese
passenger ships, and, in the case of British ships, respecting the treatment of passengers
therein while at sea, and that until such enactment, the regulations contained in
schedule A to the said Act annexed should be in force.
ORDINANCE No. 1 OF 1878. 1459
Chinese Emigration.
And whereas by the 8 section of "The Chinese Emigration Consolidation Ordinance,
1874," it is provided that all ships clearing out or proceeding to sea upon voyages of
not more than thirty days' duration shall be subject to the modified regulations
contained in schedule E of that Ordinance, which, as regards such ships , shall be
substituted for those contained in schedule A of "The Chinese Passengers ' Act, 1855 ,"
but that nothing in the said section shall be deemed to relieve Chinese passenger ships
from the operation of the said Act, except so far as the same is by the said schedule
expressly modified .
And whereas it is expedient by means of this Ordinance to relieve the passenger
steamers hereinafter mentioned from the regulations in the said schedule E, and to
substitute other regulations in regard thereto : Be it enacted by the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. This Ordinance may be cited for all purposes as " The Chinese Passengers' Short title.
Ordinance, 1877. [ "1878 " as amended by Ordinance No. 2 of 1879 , ] ( Special Licences.)"
2. In the construction of this Ordinance and of the regulations in the schedule Interpretation
clause.
hereto, the terms and expressions following, that is to say, " Chinese Passenger Ships,"
" Governor," "British Consul," " Emigration Officer," and " Master " shall have the
meaning assigned to them respectively by section 1 of " The Chinese Passengers' Act ,
1855."
"Voyage of not more than thirty days' duration " shall mean and include any
voyage which, in pursuance of the third section of "The Chinese Passengers' Act,
1855," is for the time being declared to be a voyage of not more than thirty days'
duration .
3. The Governor in Council may, at his discretion, and on payment of a fee of Grant of special
licence to mail
five dollars, grant a special licence for any period not exceeding twelve months, or for steamers, &c.,
subject to
regulation in
any number of voyages to be performed within twelve months, to any steamer which schedule.
is regularly employed in the conveyance of public mails under an existing contract
with the Government of the State or Colony for which such mails are carried, or to
any other steamer which is approved by the Governor as a first class steamer. Such
special licence shall authorize the steamer named therein to carry a limited number of
free Chinese passengers upon voyages of not more than thirty days ' duration between
ports to be specified in the licence under and subject to the regulations contained in
the schedule to this Ordinance.
The number of passengers to be carried shall be inserted in the licence, and shall
stno tons of the registered tonnage of such
in er. exceed one passenger for every ten
eamcase
4. The Governor in Council may, if he think fit, annex any special conditions to Power to annex
special conditions
the granting of any special licence applied for under this Ordinance, and may cause to grant of
licence.
such special conditions to be specified in the licence .
5. A special licence granted Cancellation of
by the Governor in Council at hisunder this Ordinance may, at any time, be cancelled
discretion. licence.
1460 ORDINANCE No. 1 OF 1878 .
Chinese Emigration.
Licensed 6. Every steamer to which a special licence is granted under this Ordinance shall,
steamers relieved
from other during the continuance of such licence, be relieved from the regulations contained in
regulations.
schedule A annexed to " The Chinese Passengers' Act, 1855," and from the regulations
contained in schedule E annexed to " The Chinese Emigration Consolidation Ordinance,
1874," but nothing herein contained shall be deemed to relieve such steamer from the
operation of any part of " The Chinese Passengers ' Act, 1855 , " except the regulations
in the said schedule A.
Breach of 7. The breach of any regulation contained in the schedule hereto, or of any
regulations or
conditions.
condition of a special licence, shall be deemed to be a breach of a regulation respecting
Chinese passenger ships within the meaning of " The Chinese Passengers' Act , 1855."
Whosoever impedes the emigration officer in the execution or performance of any
of the powers or duties vested in or imposed upon him by this Ordinance, or any
regulation thereunder, shall be liable, on conviction in a summary way, to a penalty
not exceeding five hundred dollars for each offence.
Form of emigra 8. For the purposes of this Ordinance, the forms of emigration officer's certificate.
tion officer's
certificate and of and of the master's bond contained in the schedule hereto shall be substituted for the
the master's
bond.
forms respectively contained in schedules B and C to " The Chinese Passengers' Act ,
1855," annexed.
!
Suspending 9. This Ordinance shall not come into operation until Her Majesty's confirmation
clause.
thereof is proclaimed in the Colony by the Governor .
SCHEDULE .
Regulations for passenger steamers licensed under this Ordinance.
See Imperial Act, 1. No steamer licensed under this Ordinance shall clear out or proceed to sea until the master
par. 4.j
thereof shall have received from the emigration officer a copy of these regulations, and a certificate in
the form annexed hereto, which copy and certificate, with any documents to be attached thereto, shall
be signed by the emigration officer, nor until the master shall , with two sufficient sureties to be approved
by the emigration officer, have entered into a joint and several bond in the sum of £ 1,000 to Her Majesty ,
Her Heirs and Successors, in the form hereinafter contained .
Accommodation of 2. The following conditions as to the accommodation of passengers shall be observed :—
passengers,
Ventilation space (1.) The space appropriated to the passengers between decks shall be properly ventilated and
and height between
decks. shall contain at the least nine superficial and fifty-four cubical feet of space for every
adult on board, that is to say, for every passenger above twelve years of age, and for
every two passengers between the ages of one and twelve years ; the height between
decks shall be at least six feet.
Male and female (2.) The accommodation for female passengers between decks shall be separate from that
passengers.
provided for male passengers.
Space on upper
deck (3.) A space of four superficial feet per adult shall be left clear on the upper deck for the use
.
of the passengers.
Sick bay, &c. (4.) A reasonable space shall be set apart as a sick bay, and sufficient latrines , both as to
condition and number, shall be provided in suitable parts of the ship.
ORDINANCE No. 1 of 1878 . 1461
Chinese Emigration .
3. Deck passengers may be carried at seasons allowed by law, upon such conditions as may, from Deek passengers.
time to time, be prescribed under instructions from one of Her Majesty's Principal Secretaries of State,
and until and subject to such instructions upon the conditions following :
(1.) A suitable awning with screens shall be provided on deck, sufficient for the protection of Awning.
the passengers from the sun and from rain.
(2.) The space appropriated to such deck passengers shall contain at the least sixteen super Space.
ficial feet for every adult, that is to say, for every passenger above twelve years of age,
and for every two passengers between the ages of one and twelve years.
(3.) In case deck passengers shall be carried in addition to other passengers for whom accom Reserved spa
modation between decks shall be provided , the space to be appropriated for deck pas
sengers shall be reckoned exclusively of the space of four superficial feet per adult
required to be left clear on the upper deck for the use of such other passengers .
4. The following conditions as to provisions shall be observed : Provisions.
(1.) Provisions , fuel and water shall be placed on board of good quality, properly packed and Scale.
sufficient for the use and consumption of the passengers, over and above the victualling
of the crew during the intended voyage according to the following scale :—
For every passenger per diem not less than,
Rice or bread stuffs,... 14 lbs.
Dried and/or salt fish, ......... …………..……... 01 19
Chinese condiments and curry stuff, 1 oz .
Fresh vegetables, which will keep for short voyages, such as, sweet potatoes ,
turnips, carrots, and pumpkins, ........ 1 lbs.
Firewood,........ 2 19
Water, (to be carried in tanks or sweet casks) , 1 gallon .
or, according to a scale at least equivalent to the foregoing.
5. The emigration officer may, at any time, enter and inspect the ship and the accommodation, Powers of emig
tion officer.
provisions, and stores provided for the Chinese passengers, and may require the master or any other
person to produce the licence , and the ship's papers for his inspection, and, if he thinks necessary after
inspecting the ship's papers, he may muster and inspect the Chinese passengers.
If in any such case the emigration officer discovers that the number of passengers on board or
intended to be carried upon that voyage exceeds the number authorised by the licence, or that any
condition of the licence, or any regulation contained in this schedule has been broken, he may detain
the ship until the passengers in excess of the legal number are landed, or until the condition of
the licence or the regulation in question be fully complied with, and he shall forthwith report the
circumstances to the Governor .
6. The master of every British ship shall, on demand, produce his emigration papers to the British Production of emi
gration papers at
Consul at any port to which the licence extends , or in case such port shall be in Her Majesty's dominions port of destination.
to any officer appointed or authorised by the local Government in that behalf.
Form of emigration officer's certificate.
:
-
I , A. B. , emigration officer for the Colony of Hongkong , do hereby certify as follows :
1. That the Chinese passenger ship
" A. B., master, is specially licensed under the
provisions of an Ordinance of the Legislature of Hongkong , entitled " The Chinese Passengers ' Ordinanc ,
1877, (Special Lice e
nces ). "
2. That the said ship is license to carry
of service whatever . d adults, of whom none are to be under any contract
1462 ORDINANCES Nos. 1 AND 2 OF 1878.
Chinese Emigration. Gaol Amendment.
Form ofbond to be given by the master of Chinese passenger ships holding special licences.
Know all men by these presents that we, A. B. , of and C. D., of
are held and firmly bound unto our Sovereign Lady Queen Victoria, by the Grace of God of
the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, in the
sum of one thousand pounds of good and lawful money of Great Britain, to be paid unto
our said Sovereign Lady the Queen, Her Heirs and Successors ; to which payment well
and truly to be made, we bind ourselves and every of us jointly and severally for and in
the whole, our heirs and executors and administrators, and every of them, firmly by these
presents.
Sealed with our seal.
Dated this day of 18
Whereas by "The Chinese Passengers' Act, 1855," it is enacted that before any Chinese pas
senger ship shall clear out or proceed to sea on a voyage of more than seven days' computed
duration, the master thereof shall, with two sufficient sureties to be approved by an emi
gration officer, enter into a bond to Her Majesty, Her Heirs and Successors in the sum of
£ 1,000.
Now the condition of this obligation is this, that if (in respect of the steamship
whereof is master) all and every the requirements of the said Chinese Passengers
Act, and of an Ordinance of the Legislature of Hongkong, entitled " The Chinese Passengers' Ordinance,
[* 1878.] 1877,* (Special Licences)," and of the regulations contained in the schedule to the said Ordinance annexed
shall be well and truly performed [ in like manner as the same ought to be observed and performed in
case the said steamship were a British ship, and the said a British subject ] *
then this obligation to be void, otherwise to remain in full force and effect.
Signed, sealed and delivered by the above bounden and in the presence
of
The words within brackets to be inserted only in the case of a foreign Chinese passenger ship.
[Confirmation proclaimed 10th June, 1879. Repealed by Ordinance No. 1 of 1889. ]
No. 2 of 1878 .
Title. An Ordinance to amend Ordinance No. 4 of 1863.
[ 15th October, 1878. ]
Preamble. HEREAS doubts have arisen as to whether under sections 11 and 12 of Ordinance
or
No. 4 of 1863 , punishments directed to be inflicted for breach of regulations or
of prison discipline by the Superintendent of the Gaol or the Superintendent in
conjunction with a Justice of the Peace (as the case may be) can lawfully be carried
out after the expiration of the term of imprisonment for which the offender was originally
sentenced, and it is desirable to remove such doubts : Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as follows :
ORDINANCES Nos. 2 AND 3 OF 1878 . 1463
Gaol Amendment. Markets Amendment.
1. All punishments imposed under the authority of sections 11 and 12 of Ordinance
No. 4 of 1863 , shall be valid and effectual to all intents and purposes, notwithstanding
the expiration of the period for which the offender was originally sentenced to
imprisonment by lawful authority, and the Superintendent of any Gaol may lawfully
detain any prisoner after the expiration of his original sentence and deal with him, in
carrying out the punishment imposed on such offender under the authority of sections.
11 and 12 of Ordinance No. 4 of 1863 , in all respects , as if his original sentence had
not expired .
[ Repealed by Ordinance No. 18 of 1885, and see Ordinance No. 7 of 1880,
which was disallowed.]
No. 3 of 1878 .
An Ordinance to amend " The Markets Ordinance , 1858." Title.
[ 11th November, 1878. ]
HEREAS it is expedient to amend an Ordinance entitled the " Markets Ordi Preamble.
W nance, 1858," by authorising the Governor in Council to grant licences to sell or
expose for sale in places other than a public market articles of food for man usually
sold or exposed for sale in a public market under the conditions hereinafter expressed :
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
1. Notwithstanding anything contained in the " Markets Ordinance, 1858 " or in Governor in
Council may
grant licences
the " Markets Ordinance, 1867," from and after the coming into operation of this for sale of food
elsewhere than
Ordinance, it shall be lawful for the Governor in Council, from time to time, to grant in public market.
licences for the sale of articles of food for man usually sold or exposed for sale in a
public market elsewhere than in a public market to such persons for such considerations
and for such periods as he shall think fit, and it shall be lawful for any person holding
such licence to sell or expose for sale such articles as he may be empowered to sell or
expose for sale under such licence during the continuance of such licence.
2. It shall be lawful for the Governor in Council to make regulations for the proper And may make
regulations
conduct of business authorised to be carried on under this Ordinance by licences enforceable by
penalties.
generally or by any particular licence, and from time to time to repeal, alter, or vary
the same ; and such regulations shall be binding as well upon the grantees of such
licences as upon all persons employed by or dealing with the grantees of such licences,
and such regulations may be enforced by such penalties as may be specified therein ;
Provided that such regulations shall be published in the Gazette for at least two weeks Regulations to be
published in
before they shall come into operation, and that no penalty shall exceed the sum of $500. Gazette.
3. All penalties under this Ordinance may be recovered in a summary manner Penalties may
be recovered
before a Police Magistrate, and shall not affect any condition for the forfeiture or before Police
Magistrate
cancellation of the licence subject to which the same may have been granted . summarily.
[ Repealed by Ordinance No. 17 of 1887.]
NOTE- For Regulations under the Ordinance of the 1st June, 1885, see Gazette 13th
of the same month.
1464 ORDINANCE No. 4 OF 1878.
Revenue.
No. 4 of 1878.
Title. An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Forty-five thousand Dollars to defray the Charges of
the Year 1877.
[ 11th November , 1878. ]
Preamble . HEREAS it has become necessary to make further provision for the public service
W of the Colony for the year 1877, in addition to the charge upon the revenue
for the service of the said year already provided for in the estimates submitted to the
Legislative Council : Be it enacted by the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :
Supplementary 1. A sum not exceeding forty-five thousand dollars shall be and the same is hereby
Estimates, 1877.
charged upon the revenue of this Colony for the service of the year 1877, the said sum
so charged being expended as hereinafter specified ; that is to say :
ESTABLISHMENTS : $ c.
Colonial Secretary , 277.43
Auditor General , ...... 404.56
Surveyor General, ………………… 1,044.08
Collector of Stamp Revenue, ... 43.37
Ecclesiastical, ....... 12.11
Medical, ...... 349.90
TOTAL ESTABLISHMENTS,...... $2,131.45
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, 13.00
Surveyor General, 180.00
Judicial, 277.80
Police,...... 8,920.20
Fire Brigade, .... 264.73
Charitable Allowances , 1,605.58
Works and Buildings, ..... 2,400.09
Roads, Streets, and Bridges , 25,289.98
Miscellaneous Services, ..... 2,456.37
Land and House Purchased , …………
...... 1,005.00
TOTAL EXCLUSIVE OF ESTABLISHMENTS,......$42,412.75
TOTAL,. ....... 00. $44,544.20
[ Repealed by Ordinance No. 4 of 1887.]
ORDINANCE No. 5 CF 1878 . 1465
Revenue.
No. 5 of 1878 .
Title.
An Ordinance to apply a sum not exceeding Seven hundred and
seventy-nine thousand Dollars to the Public Service of the Year
1879 .
[ 21st December, 1878. ]
Preamble.
HEREAS the expenditure required for the service of this Colony for the year
W 1879 has been estimated at the sum of seven hundred and seventy-eight
thousand four hundred and one dollars and thirty-eight cents : Be it enacted by the
-
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
1. A sum not exceeding seven hundred and seventy-nine thousand dollars shall Estimates, 1879.
be, and the same is hereby charged upon the revenue of this Colony for the service of the
year 1879, and the said sum so charged shall be expended as hereinafter specified ; that
is to say :
ESTABLISHMENTS : C.
Governor, ..... 2,948.00
Colonial Secretary, 5,936.00
Colonial Treasurer, 3,804.00
Auditor General, 16,479.00
Clerk of Councils, 100.00
Surveyor General, 27,902.00
Government Gardens , 4,552.80
Postmaster General, 30,660.00
Registrar General, 11,866.00
Harbour Master, 27,890.00
Lighthouses, 7,424.00
Collector of Stamp Revenue, 4,162.00
Judicial, ...... 22,744.00
Registrar of Companies, 192.00
Ecclesiastical , ......
…………. 1,158.00
Educational,... 23,634.00
Medical, 15,876.00
Police Magistrates, 6,394.00
Police, .... 145,858.80
Gaol,...... 21,552.00
Fire Brigade, 8,626.00
TOTAL ESTABLISHMENTS , ...... $389,758.60
1466 ORDINANCES No. 5 OF 1878 AND No. 1 of 1879.
Revenue. Excise ( Opium.)
Brought forward,... ....$389,758.60
SERVICES EXCLUSIVE OF ESTABLISHMENTS :-
Colonial Treasurer, 1,500.00
Surveyor General, .. 1,800.00
Postmaster General, 20,734.78
Registrar General, ...... 25.00
Judicial, 200.00
Educational , ...……………. 8,060.00
Medical, ..... 19,020.00
Police Magistrates, 390.00
Police, ..... 28,885.00
Gaol, ........... 18,170.00
Fire Brigade , 5,040.00
Charitable Allowances , .... 4,000.00
Transport, .... 4,500.00
Works and Buildings , ....... " 85,750.00
Roads, Streets, and Bridges, 44,720.00
Lighthouses, 3,000.00
Miscellaneous Services, 38,500.00
Military Contribution, 104,348.00
TOTAL,..... $778,401.38
[Repealed by Ordinance No. 4 of 1887. ]
No. 1 of 1879.
Title. An Ordinance to amend Ordinance No. 2 of 1858 entitled " An Ordi
nance for Licensing and Regulating the Sale of Prepared Opium. "
[ 18th January, 1879. ]
Preamble. THEREAS by Ordinance No. 2 of 1858 it is enacted (amongst other things) that
Ordinance 2 of W the Governor in Council may grant unto any persons for such considerations
1858.
and upon such conditions and for such terms and periods and in such form as from
time to time shall be by the Governor in Council regulated and determined and also
previously notified to the public in the Hongkong Government Gazette the sole
privilege of boiling and preparing opium and of selling and retailing within this
Colony or the waters thereof opium so boiled or prepared :
And whereas it is by the said Ordinance also enacted that the person , if any,
actually holding any such privilege is thereby empowered to grant licences to all
proper persons authorising them to boil and prepare opium and to sell and retail opium
so boiled and prepared :
ORDINANCE No. 1 of 1879 . 1467
Excise ( Opium.)
And whereas it is desirable to make some provisions with respect to the regulating
the quantity of opium manufactured and the transfer of the stocks of raw and prepared
opium in the possession of the person holding such exclusive privilege and his licensees
at or near the end of his term of exclusive privilege to the next holder of the same,
and to make other amendments in the said recited Ordinance :
Be it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
1. The term " Excise Officer " shall mean the person appointed by the Governor Interpretation
clause.
" Excise Officer.'
under section 11 of this Ordinance, and for the purposes of this Ordinance, any boiled " Possession."
or prepared opium, or utensils or vessels used for preparing the same shall be deemed
to be in possession of any person if he knowingly have them in actual possession ,
custody, or control by himself or by any other person .
2. No person holding such exclusive privilege as aforesaid, nor any licensee under Holder of
exclusive
privilege and
such person as aforesaid, shall sell or dispose of any boiled or prepared opium at or licensees not to
authorize use
near the end of the term for which such person holds such exclusive privilege or at ofprepared
opium beyond
any time during the term for which such person holds such exclusive privilege so as in limited period .
1
either case to authorize the use of such boiled or prepared opium at any time after 12
o'clock at noon of the third day after the commencement of the term of the new holder
of the exclusive privilege, under a penalty not exceeding one thousand dollars.
[Repealed by Ordinance No. 7 of 1879. ]
3. Every holder of such exclusive privilege shall, one month before the end of Holder of
exclusive
his term of exclusive privilege expires , give public notice in the form provided by the privilege to
give notice of
expiration of
schedule A hereto that the said privilege is to expire on the day to be named and that term .
no boiled or prepared opium purchased from such holder of such exclusive privilege
or from any licensee of such holder can be used after such time without the consent of
the new holder. Such notice shall be printed in English and Chinese and the holder
of the exclusive privilege shall supply copies thereof to all persons licensed by him
under the said recited Ordinance : and every person so liceused shall exhibit the notice
in his place of sale in a conspicuous position so as to be plainly visible to every person
entering such place of sale. Any person offending against any of the provisions of
this section shall be liable to a penalty not exceeding one hundred dollars. Penalty .
4. The holder of the exclusive privilege and his licensees shall, on the expiration Out-going
holder of
of his term, hand over to the incoming holder, and the incoming holder shall take over exclusive
privilege to
hand over
from the outgoing holder all his stock of raw, boiled and prepared opium at such stocks to
incoming
prices as may be settled subject to the proviso hereinafter contained for arbitration in holder.
case of difference .
5. Neither the holder of the exclusive privilege nor his licensees shall, at or near Restrictions
on holder of
exclusive
the end of his term, manufacture more than the usual quantity of boiled or prepared privilege.
opium, or sell any boiled or prepared opium at less than the average current prices of
the day, or in greater quantities than usual at the time of the year, and shall not sell ,
export, or otherwise make away with or dispose of any of his stock of boiled or prepared
opium, but shall make over to the new holder of the said exclusive privilege the full
1468 ORDINANCE No. 1 OF 1879 .
Excise ( Opium.)
Difference and complete stock of raw or boiled and prepared opium at the marketable value
between out
going and
incoming thereof and in the event of any difference arising as to quantities of boiled and prepared
holders of
exclusive opium manufactured or sold during the last three months of the term and the price of
privilege to be
ttled by the same and of the nature and quantity of the raw or boiled or prepared opium so
arbitration.
to be purchased or made over and the prices thereof, such difference shall be determined
by three arbitrators, one to be appointed by the new holder of the exclusive privilege,
one by the person whose exclusive privilege has expired or is about to expire, and one
by the Governor, and the award of such arbitrators or a majority of them shall be final ,
and the arbitration or such other settlement shall be held at such time at or before or
after the end of the term of the outgoing holder of the exclusive privilege as to the
Governor may seem reasonable, and any award made may be filed in Court pursuant
to the provisions of "The Hongkong Code of Civil Procedure." [Repealed by Ordinance
No. 7 of 1879, and new section substituted.]
Amendment of 6. Section 8 of the said recited Ordinance shall be amended by the insertion
Ordinance 2 of
1858.
therein and the addition thereto of the following words : -- After the word " any " in
the third line of the said section the words " boiled or " and after the word " opium "
in the fourth line thereof the words " not purchased from the holder of the existing
" privilege for the time being or his licensee the burthen of proof of which purchase
" shall lie upon any person alleging that he so purchased the same. Provided always
" that no person who may have purchased any boiled or prepared opium from the
"outgoing holder of the exclusive privilege or from any licensee of such outgoing
"holder shall be liable to be convicted for having in his possession such boiled or
" prepared opium not exceeding three taels weight at any time before noon on the third
"day after the commencement of the new holder's privilege. " [ Repealed by Ordinance
No. 7 of 1879.]
Prepared opium , 7. All boiled or prepared opium offered or exposed for sale or retail by any
&c., found in
possession of
unauthorised unauthorised person and all boiled or prepared opium found in the possession or
persons, or in
unauthorised custody or control of any unauthorised person or in any unauthorised place, except as
places may be
seized. in the last section mentioned, and any utensils or vessels which have been used or
which are manifestly intended to be used in boiling or preparing opium by any
unauthorised person or in any unauthorised place, may be seized by a police or excise
officer, and shall be forfeited and may be by a Magistrate delivered and adjudged to
the holder of the exclusive privilege for the time being, [ amended by Ordinance No. 4
and unauthor of 1883] and any unauthorised person in whose possession any such boiled or prepared
ised persons may
be taken before opium or utensils or vessels are found may be apprehended and taken before a
a Magistrate.
Magistrate by any police or excise officer.
Raw opium found 8. Whenever boiled or prepared opium is so seized as last aforesaid and any such
in possession of
unauthorised
persons or in utensils or vessels are also seized as aforesaid, the police or excise officer seizing the
unauthorised
places may same may also seize any raw opium that may be found in the custody or control of
be seized.
such unauthorised person or in such unauthorised place and such raw opium shall be
subject to the order of the Magistrate before whom the case is brought.
ORDINANCE No. 1 OF 1879 . 1469
Excise ( Opium.)
9. Whenever from any other cause there is reasonable ground to believe that Officer may seize
raw opium under
boiled or prepared opium is manufactured by any unauthorised person or in any special circum
stances.
unauthorised place within this Colony it shall be lawful for a police or excise officer to
seize any raw opium found in the possession of such unauthorised person or in such
unauthorised place.
10. Any Justice of the Peace may issue a search warrant under section 9 of the Seizure under
search warraut.
said recited Ordinance, and such search warrant may be executed by any police or
excise officer and the person executing any such search warrant may seize and hold
any utensils or vessels which have been used or which are manifestly intended to be
used in boiling or preparing opium and in any case where boiled or prepared opium is
found under the circumstances mentioned in the said section of the said recited Ordinance
or any such utensils or vessels as last aforesaid are found, may also seize any raw
opium found in the possession of any person having such boiled or prepared opium,
utensils, or vessels, or in any such tenement, place, or vessel as is mentioned in the said .
section .
11. The Governor may, for the purposes of this Ordinance, grant his warrant in Excise officer.
Warrant of
form of schedule (B) to such agents or servants of the holder of the exclusive privilege appointment.
for the time being as may be approved of by him to act as excise officers : [amended by
Ordinance No. 4 of 1883] and no persons except those so appointed shall be competent
to act as excise officers under this and the said recited Ordinance. Such warrants may
at any time be withdrawn by the Governor and any person without lawful authority
assuming to act as an excise officer under this Ordinance shall be liable to a penalty
not exceeding one hundred dollars.
12. The names and places of residence of every excise officer so appointed as Excise officers'
names to be
aforesaid shall be posted in a conspicuous place at the Police Court. posted at Police
Court.
13. Every excise officer appointed under this Ordinance shall be supplied [ at the Excise officers to
be supplied with
expense of the holder of the exclusive privilege for the time being: repealed by Ordinance No. 4 badges.
of 1883] with a badge bearing such sign or mark of office as may be directed by the
Governor and before acting against any person under the provisions of this Ordinance
every such excise officer shall declare his office and produce to the person against whom
he is about to act his said badge. Every Police officer acting under the provision of Police officer to
produce part of
this or the said recited Ordinance, if not in the uniform proper to his service shall in his public
equipment when
acting as excise
like manner declare his office and produce to the person against whom he is about to officer.
act such part of his public equipment as the Captain Superintendent of Police shall
have directed or may direct to be carried by Police officers when employed on secret or
special service.
14. All penalties under the said recited Ordinance or under this Ordinance may Penalties to be
recovered
be recovered in a summary way before any Magistrate. summarily.
15. In case any boiled or prepared opium or utensils or vessels used for preparing Proceedings in
case of prepared
the same are found without being apparently in the possession of any one, it shall be opium , &c., found
without being
lawful for the Magistrate to cause a notice to be affixed at the place where any such apparently in
possession of any
article one.
may be found calling upon the owner thereof to claim the same, and in case no
1470 ORDINANCE No. 1 OF 1879.
Excise (Opium.)
person shall come forward to make a claim within one week from the date of such
notice, the same together with any raw opium that may be found in the same
place shall be forfeited and may be handed over by the Magistrate to the holder of
the exclusive privilege for the time being . [Amended by Ordinance No. 4 of 1883. ]
Forfeiture of raw
opium found 16. Where any boiled or prepared opium, or utensils or vessels used for preparing
where opium is
unlawfully boiled the same are found in the possession of any unauthorized person , or in any unautho
or prepared.
rized place, and it appears to a Magistrate that such boiled or prepared opium was
boiled or prepared by such person, or in such place, or if any utensil or vessel used
for boiling or preparing opium be found in the possession of such person or in such
place, it shall be lawful for such Magistrate to declare any raw opium found in the
possession of such person or in such place to be forfeited and to direct that the same
shall be delivered to the person holding the exclusive privilege at the time when the
same was so found as aforesaid. [ Amended by Ordinance No. 4 of 1883.]
Present holder of
exclusive privi 17. It shall be in the power of the person holding the exclusive privilege as afore
lege may termi
nate terms. said at the time when this Ordinance comes into operation to terminate the term granted
to him by giving one month's notice to that effect to the Colonial Secretary of this
Colony, provided that such notice be given and received within one month from the
date when this Ordinance so comes into operation , and if such notice be not given as
aforesaid, then the present arrangements shall, subject however to the provisions herein
contained, continue in full force and effect during the term still unexpired.
Construction. 18. This Ordinance shall be construed with the said recited Ordinance and shall
come into operation from the date hereof, and this and the said recited Ordinance may
Title.
be cited as " The Excise Ordinance (Opium) , 1858-1879."
SCHEDULE A.
Excise Ordinance ( Opium) 1858-1879.
Notice of cessation of exclusive privilege under Ordinance 1 of 1879, section 3.
Notice is hereby given that the exclusive privileges for boiling and preparing opium and selling
and retailing opium so boiled or prepared will cease on the day of
18 9 and that no boiled or prepared opium purchased from (us) or (our) licensees can be used after
the day of 18 9 at noon, without the consent of the new holder
of such exclusive privilege as aforesaid.
Date 18
SCHEDULE B.
Excise Ordinance ( Opium ) 1858-1879.
of in
is hereby appointed to be an excise officer under the "Excise Ordinance (Opium) 1858-1879," and is
duly vested with all the rights, powers, and immunities of such officer under the provisions of the said
Ordinance, until the day of 18 " or until this licence is revoked by
the Governor of this Colony for the time being.
By His Excellency's Command,
Colonial Secretary.
Date 18 ·
[All repealed by Ordinance No. 1 of 1884. ]
ORDINANCES Nos . 2 AND 3 OF 1879 . 1471
Chinese Emigration. Naval Yard Police Force.
No. 2 of 1879 .
An Ordinance to amend Ordinance No. 1 of 1878 . Title.
[ 29th May, 1879. ]
HEREAS the date of the short title of Ordinance No. 1 of 1878 is erroneous Preamble.
W and it is expedient to correct it : Be it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows :
1. Section 1 of Ordinance No. 1 of 1878 is hereby amended by substituting the Sec. 1 of Ordi
nance 1 of 1878
figures 1878 for the figures 1877 in the said section . amended.
[ Repealed by Ordinance No. 1 of 1889. ]
No. 3 of 1879 .
An Ordinance to extend Ordinance No. 1 of 1875 to provide Title.
means for enforcing good order and discipline in the Police
Force employed in the Royal Naval Yard to the other
Establishments of the Royal Navy in this Colony.
[ 6th November, 1879. ]
Preamble.
WHEREAS it is expedient to extend the provisions of Ordinance
No. 1 of 1875 for enforcing good order and discipline in the
Police Force employed in the Royal Naval Yard to the other establish
ments of the Royal Navy in this Colony : Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows :
-
1. From and after the coming into operation of this Ordinance the Provisions of
Ordinance 1
provisions of Ordinance No. 1 of 1875 shall not be confined to the Police of 1875 ,
extended to
Force employed in the Royal Naval Yard at Hongkong, but shall be all Naval
Establish
extended to the Police Force employed on the messuages , lands, tene ments on
shore in this
ments, hereditaments , erections , buildings and property, or any or either Colony.
of such lands, tenements, hereditaments , erections , buildings and property
now vested or hereafter to become vested in the Lord High Admiral of
the United Kingdom of Great Britain and Ireland or the Commissioners
for executing the office of Lord High Admiral aforesaid under the pro
visions of Ordinance No. 3 of 1863 , and the words " The Commodore
or other Officer in charge of the Royal Naval Establishments on shore
in this Colony," shall be substituted for the words " The Commodore or
other Superintendent of Her Majesty's Naval Yard," and the words
"The Commodore or other Superintendent of the Naval Yard," whenever
they occur in the said Ordinance No. 1 of 1875.
1472 ORDINANCE No. 4 of 1879.
Reveuue.
No. 4 of 1879.
Title. An Ordinance to authorize the Appropriation of a Supplementary Sum
not exceeding Sixty-nine thousand , Two hundred and Forty
Dollars and Thirty Cents to defray the Charges of the Year 1878 .
[ 19th November, 1879. ]
Preamble. HEREAS it has become necessary to make further provision for the public
W service of the Colony for the year 1878 , in addition to the charge upon the
revenue for the service of the said year already provided for in the estimates submitted
to the Legislative Council : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :
Supplementary 1. A sum not exceeding sixty-nine thousand, two hundred and forty dollars and
Estimates, 1878.
thirty cents shall be and the same is hereby charged upon the revenue of this Colony
for the service of the year 1878, the said sum so charged being expended as hereinafter
specified ; that is to say :
ESTABLISHMENTS :- $ C.
Colonial Secretary, .... 1,085.13
Auditor General, ........ 1,041.23
Ecclesiastical, 72.72
Educational , 2,387.58
Medical,...... 1,933.80
Gaol, ..... 176.68
TOTAL ESTABLISHMENTS ,...... $6,697.14
-
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Postmaster General, 4,539.64
Judicial, ....... 351.47
Educational, 577.90
Medical, ...... 940.11
Gaol, ...... 5,166.47
Fire Brigade, 2,921.06
Works and Buildings, 13,105.11
Roads, Streets, and Bridges, 28,041.78
Lighthouses ,..... 1,100.00
Miscellaneous Services, 5,468.26
Military Contribution , ………………. 331.36
TOTAL EXCLUSIVE OF ESTABLISHMENTS , ...... $62,543.16
TOTAL, ... $69,240.30
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 5 OF 1879. 1473
Revenue.
No. 5 of 1879 .
Title
An Ordinance to apply a sum not exceeding Eight hundred and Thirty
two thousand and Forty - eight Dollars to the Public Service of the
year 1880.
[ 19th November, 1879. ]
HEREAS the expenditure required for the service of this Colony for the year Preamble.
W
1880 , has been estimated at the sum of eight hundred and thirty-two thousand
and forty-eight dollars : Be it enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows :
1. A sum not exceeding eight hundred and thirty-two thousand dollars shall be, Estimates 1880.
and the same is hereby charged upon the revenue of this Colony for the service of the
year 1880, and the said sum so charged may be expended as hereinafter specified ; that
is to say:
ESTABLISHMENTS :-- $ c.
Governor, ..... 7,758.00
Colonial Secretary , 7,016.00
Colonial Treasurer, . 4,030.00
Auditor General, ...... 19,709.00
Clerk of Councils,. 100.00
Surveyor General, ………………………………… 30,385.00
Government Gardens and Plantations, ... 4,470.00
Postmaster General, …………….. 26,488.00
Registrar General,.... 14,618.00
Harbour Master, 29,804.00
Lighthouses, 7,508.00
Collector of Stamp Revenue, 4,642.00
Judicial, .....
......... 28,826.00
Registrar of Companies, 192.00
Ecclesiastical ,.………………… 1,158.00
Educational, .... 23,979.00
Medical, ......
... 17,840.00
Police Magistrates, 6,913.00
Police,.... 144,300.00
Gaol, .... 26,244.00
Fire Brigade, .... 8,178.00 ;
TOTAL ESTABLISHMENTS , ......$414,158.00
1474 ORDINANCES Nos. 5 AND 6 OF 1879 .
Revenue. Chinese Emigration.
Broughtforward, ........ .$414,158.00
-:
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, 1,500.00
Surveyor General, ... 1,800.00
Postmaster General, 62,600.00
Registrar General, ………………………… 25.00
Judicial, ........ 500.00
Educational , 9,576.00
Medical, ....... 13,572.00
Police Magistrates, 390.00
Police,........ 41,275.00
Gaol, 20,620.00
Fire Brigade, ....... 3,300.00
Charitable Allowances, 4,000.00
Transport, .... 4,500.00
Works and Buildings, 53,500.00
Roads, Streets, and Bridges, 42,720.00
Lighthouses, ......
... 3,000.00
Government Gardens and Plantations, ... 9,680.00
Miscellaneous Services, 40,984.00
Military Contribution, ..... 104,348.00
TOTAL,.... .$ 832,048.00
[ Rpealed by Ordinance No. 4 of 1887. ]
No. 6 of 1879 .
Title. An Ordinance to further amend the Law relating to Chinese Passenger
Ships, and the Conveyance of Chinese Emigrants.
[ 9th December, 1879. ]
Preamble. HEREAS it is expedient to further amend " The Chinese Emigration Consoli
dation Ordinance, 1874 " ; Be it enacted by the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :-------
Short title. 1. This Ordinance may be cited as "The Chinese Emigration Amendment Ordi
nance, 1879."
2. The second paragraph of section 2 of " The Chinese Emigration Consolidation
Ordinance, 1874," defining the expression " Chinese Emigrant Ship," as well as sub
section 2 of section 15 of the same Ordinance are hereby repealed and the marginal
note of section 3 of the said Ordinance, is hereby amended by omitting the word
"short" before voyage.
ORDINANCES Nos . 6 AND 7. OF . 1879 . 1475
Chinese Emigration. Excise ( Opium. )
3. Section 15 of the said Ordinance is also hereby further amended as follows :
(1.) Sub-section 5, by striking out the words " Chinese Emigrant " in the
fourth line.
(2.) Sub -section 7, by striking out the words " Chinese Emigrant " through
out, and substituting in lieu of the words " Chinese Emigrant Ship "
in the second line, the words " Ship in respect of which a licence has
been granted under this section."
(3.) Sub-section 8,
39
Clause (b.), by omitting the terms " Navigates " uses" " or com
mands " 66For serves on board any ship ."
Clause (c.), by omitting the words " or allows ."
Clause (d.), by striking out the words " holds or takes any share
or interest in or."
Clause (e.), by leaving out the words " or serves on board," and
Clause (f.), by striking out the words " Chinese Emigrant Ship,"
and substituting in lieu thereof, " Ship in respect of which a
licence ought to have been obtained under any of the provi
sions of the clauses 8 (a) and 8 (b) of this section ."
4. This Ordinance shall not come into operation until Her Majesty's confirmation
of the same shall have been proclaimed by the Governor.
[ Confirmation proclaimed 6th April, 1880. Repealed by
Ordinance No. 1 of 1889.]
No. 7 of 1879 .
Title.
An Ordinance to amend " The Excise Ordinance ( Opium ) 1858-1879 ."
[ 9th December, 1879. ]
HEREAS it is expedient to make better provision for the apprehension and Preamble .
WH punishment of offenders against the opium Ordinances, and also to further
amend the said Ordinances .
Be it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
1. This Ordinance may be cited as " The Excise Ordinance (Opium) 1858-1879, Short title.
Amendment Ordinance 1879."
2. Sections 2 and 6 of Ordinance No. 1 of 1879, are hereby repealed.
1476 ORDINANCE No. 7 OF 1879.
Excise (Opium.)
Amending 3. Section 7 of Ordinance No. 2 of 1858, is hereby amended by inserting after
section 7 of
Ordinance No. 2
of 1858, as to the word " transferable, " the words " and shall contain a notice printed in English and
certificates.
Chinese, in the following form " :
" Notice is hereby given that the monopoly of the Hongkong opium farm, at
present held by the undersigned, expires on the " and that
the boiled or prepared opium now purchased and sold cannot be legally
used or retained in your possession after noon of the 3rd day from the
above date, without the consent of the new holder of the monopoly or of
the Governor.
Validity of 4. No certificate granted under the provisions of the said section , as amended , by
certificates.
any person holding such exclusive privilege as aforesaid, or by any licensee under him
.
[amended by Ordinance No. 4 of 1883 ] shall be valid after noon of the third day from
the date of the expiration of his privilege.
Amending 5. Section 8 of Ordinance No. 2 of 1853, is hereby amended by striking out the
section 8.
Penalties for words " except in cases to which section 7 applies," by inserting before the words
effences under
opium "prepared opium " " boiled or" and by adding after the words " prepared opium," the
Ordinances.
words " without having a valid certificate under section 7 of Ordinance No. 2 of 1858,
as amended ."
Restrictions on 6. Section 13 of Ordinance No. 2 of 1858 is hereby amended by substituting in
holder of
exclusive
privilege. subsection ( 1 ) for the words "a fine not exceeding two hundred and fifty current
dollars " the words " a fine not exceeding five hundred current dollars," and by sub
stituting in subsection ( 2) for the words " a fine not exceeding five hundred current
dollars " the words " a fine not exceeding one thousand current dollars, " and by
inserting after the word imprisonment in both subsections the words " with or without
hard labour."
Difference 7. Section 5 of Ordinance No. 1 of 1879 is hereby repealed, and in substitution
between out
going and thereof, be it enacted as follows :-Neither the holder of the exclusive privilege nor his
incoming
holders of
exclusive licensees shall, during the three months preceding the end of his term, manufacture
privilege to be
settled by more than the usual quantity of boiled or prepared opium, or during the said three
arbitration.
months sell any boiled or prepared opium at less than the average current prices of the
day, or in greater quantities than usual at the time of the year, and at the end of his
term shall not sell, export, or otherwise make away with, or dispose of any of his stock
of boiled or prepared opium , but shall make over to the new holder of the said exclusive
privilege [amended by Ordinance No. 4 of 1883] the full and complete stock of raw or
boiled and prepared opium then in his possession at the marketable value thereof and
in the event of any difference arising as to quantities of boiled and prepared opium
manufactured or sold during the last three months of the term and the price of the
same and of the nature and quantity of the raw or boiled or prepared opium so to be
ORDINANCE No. 7 OF 1879 . 1477
Excise ( Opium. )
purchased or made over and the prices thereof such difference shall be determined by
three arbitrators, one to be appointed by the new holder of the exclusive privilege, one
by the person whose exclusive privilege has expired or is about to expire, and one by
the Governor, and the award of such arbitrators or a majority of them shall be final ,
and the arbitration or such other settlement shall be held at such time after the end of
the term of the outgoing holder of the exclusive privilege as to the Governor may seem
reasonable and, any award made may be filed in Court pursuant to the provisions of
"The Hongkong Code of Civil Procedure. "
(2.) It shall be lawful for the majority of the arbitrators to determine and they
are hereby empowered to decide in each particular case what are usual quantities within.
the meaning of this Ordinance.
(3.) In case the outgoing or the incoming holder of the exclusive privilege fails
to appoint an arbitrator within ten days from his receiving notice from the Governor
so to do, [amended by Ordinance No. 4 of 1883 ] it shall be lawful for the other two
arbitrators [amended by Ordinance No. 4 of 1883 ] to proceed with the award and in case
of difference of opinion , they shall appoint an umpire, whose award shall be final and
may be filed in Court pursuant to the provisions of " The Hongkong Code of Civil
Procedure."
(4.) The Governor in fixing the time for holding the arbitration shall also fix the
period within which the award is to be completed, and the same shall be specified in
the appointment .
(5.) The arbitrators shall have the same powers as if the appointment and refer
ence to arbitration had been made by an order of the Supreme Court under the
provisions of " The Hongkong Code of Civil Procedure, " and their award in each.
case shall be final.
8. It shall be lawful for an inspector of Police having reasonable ground for Police inspector
may search ships
for prepared
believing that there is boiled or prepared opium in any ship within the waters of the opinm, without
warrant.
Colony contrary to the provisions of the opium Ordinances, (such ship not being a
ship of war or vessel having the status of a ship of war) to proceed without warrant
on board such ship and search for boiled or prepared opium and seize any boiled or
prepared opium so found , and it shall be lawful for such inspector to take the opium
so found together with the person in whose custody possession or control it is found
before a Police Magistrate, to be dealt with according to law.
Police or excise
9. It shall be lawful for any police or excise officer to arrest, without warrant ' officer may
arrest, without
any person within the Colony whom he reasonably suspects to be conveying or to have warrant,
suspected person.
concealed on his person boiled or prepared opium which has not paid duty to the
holder of the exclusive privilege, [amended by Ordinance No. 4 of 1883] and to convey
such person to the nearest Police Station, there to be dealt with according to law.
10. Section 14 of Ordinance 2 of 1858 is hereby repealed ; and in lieu thereof, it Distribution of
penalties.
is hereby enacted :-If any charge or complaint shall be preferred under " the Excise
Ordinance (Opium) 1858-1879 " or under any of the said regulations made thereunder
1478 ORDINANCES Nos. 7 AND 8 OF 1879.
Excise ( Opium.) Merchant Shipping.
and upon the said charge or complaint the accused shall be convicted, the pecuniary
penalty imposed upon the offender shall, after the adjudication of a portion of the
same not exceeding one half at the discretion of the Magistrate to the informer, be
paid to the holder of the exclusive privilege, [ amended by Ordinance No. 4 of 1883. ]
and all the boiled or prepared opium to which the same relates shall be forfeited and
by the Magistrate adjudged and delivered to the holder of the privilege . [ Amended by
Ordinance No. 4 of 1883.]
[All repealed by Ordinance No. 1 of 1884. ]
No. 8 of 1879 .
Title. An Ordinance to consolidate and amend the laws relating to
merchant shipping, the duties of the Harbour Master, the
control and management of the waters of the Colony, and
the regulation of vessels navigating the same.
[ 30th December, 1879. ]
Preamble. HEREAS it is expedient to consolidate and amend the laws
W"
relating to merchant shipping, the duties of the Harbour Master,
the control and management of the waters of the Colony, and the
regulation of all vessels navigating the same ; and whereas doubts have
arisen as to the applicability of certain sections of " The Merchant
Shipping Act , 1854 ," and the Acts amending the same : Be it enacted by
the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
PRELIMINARY.
Short title. 1. This Ordinance may be cited for all purposes as " The Merchant
Shipping Consolidation Ordinance , 1879. "
Interpreta 2. In the construction and for the purposes of this Ordinance (if
tion clause.
not inconsistent with the context or subject matter ) the following
terms shall have the respective meanings hereinafter assigned to them,
that is to say :
" Stipendiary Magistrate " shall mean and include the Police
Magistrates of the Colony, and the Marine Magistrate ;
ORDINANCE No. 8 of 1879 . 1479
Merchant Shipping.
"Master " shall include every person ( except a pilot) having
command or charge of any ship ;
" Seaman " shall include any person (except masters , pilots and
apprentices duly indentured and registered ) employed or engaged in any
capacity on board any ship ;
" Ship " shall include any description of vessel used in navigation
not propelled by oars, except Chinese junks or lorchas not propelled by
steam .
" Steam -ship " shall mean any vessel propelled by steam .
"Colonial Ship " shall mean and include every ship registered under
section 3 , part I of this Ordinance.
"River Steamer " shall mean any steam- ship carrying more than 12
passengers and regularly plying between the waters of Hongkong and
any port or place on the Canton River, or Macao.
" Tons, " " Tonnage " shall mean tons and tonnage , as calculated
according to British measurement of registered tonnage.
The term " Waters of the Colony " shall ( except as hereinafter
provided ) be, for the purposes of this Ordinance , deemed to comprise the
waters situate within a radius of one marine league from the shores of
the Colony : Provided always that this interpretation shall not be construed
to affect waters within such radius in any case where such waters are
situate within the territorial limits or jurisdiction of the empire of China.
66
Passenger " shall mean and include any person carried in any
vessel other than the master, seamen, and apprentices duly indentured
and registered .
PART I.
MERCHANT SHIPPING AND SEAmen.
CHAPTER I.
REGULATION OF BRITISH AND COLONIAL SHIPS.
3. No ship owned by a British subject shall be at liberty to trade No British
vessel,without
in or from the waters of this Colony, unless she is provided with a an Imperial
register, to
certificate of registry in conformity with the Imperial Acts of Parliament use the waters
in that behalf. of the Colony.
[ See Ordi
nance No. 4 of
1855 , sec. 1. ]
1480 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Chinese 2. The Governor may, at his discretion , grant a Colonial register as
Crown lessees
entitled to
hold Colonial hereinafter provided to any Chinese person resident within the Colony
register. applying for the same , provided such applicant be a registered lessee of
[ Ibid, sec. 6. ]
Crown lands within this Colony , and that he tenders as securities for the
due performance by him of all the requirements of this section two other
Crown lessees , and that he and such lessees be severally reported by the
Registrar General to be each worth two thousand dollars in this Colony,
and should such applicant be a member of any shop or partnership , that
the seal of such shop or partnership be also affixed to the security to be
given by him.
Declarations 3. When any person shall be desirous of obtaining a Colonial
necessary for
obtaining register, such person shall forward to the Colonial Secretary a declaration
.
register.
[Ibid, see. 2. ] in writing stating whether the Colonial ship for which such register is
sought is intended to be employed solely in trade with China , or on more
distant voyages : Provided always, that should such declaration be false ,
or the Colonial ship to which it relates not be employed in conformity with
it, the register thereby obtained shall ipso facto become null and void.
Documents 4. A Colonial register shall be given , under the hand of the Governor ,
necessary
―――――
previous to on production of the following documents :
grant of
Colonial
register. (a ) The Surveyor's certificate as hereinafter provided by
{ Ibid, sec..3. ] subsection 5 .
(b.) A declaration of ownership with proof thereof to the satis-
faction of the Colonial Secretary .
(c.) A joint and several bond of the owner and two sureties
binding each and every of the several obligees under a
penal sum of five thousand dollars , to comply with all
the provisions of this Ordinance and with all the laws
binding on British subjects with regard to trade with
China.
Surveyor's 5. The Surveyor's certificate, referred to in subsection 4 of this
certificate.
[ Ibid, sec. 7. ] section , shall, in case of a steam- ship, be a certificate granted under
section 5 of this Ordinance, and in case of a sailing vessel shall be a
certificate specifying the proper measurement of the ship requiring a
Colonial register, and that such ship has proper anchors and chains ,
canvas sails , if any, her bottom sheathed with metal, and that such ship
is in all respects strongly built and properly equipped for the trade for
which she is intended .
ORDINANCE No. 8 OF 1879 . 1481
Merchant Shipping.
6. It shall not be lawful for the owner of any Colonial ship to give Name of Colo
nial registered
her any name other than that of her registry , and such owner shall, after ship.
[Ibid, sec. 4.]
registry, cause to be painted in white or yellow letters not less than four
inches long her name upon some conspicuous part of her stern and on
each bow in a distinct and legible manner, both in Roman and Chinese
characters , and shall so keep and preserve the same, upon pain , on breach
of the provisions of this subsection , of paying a penalty not exceeding
five hundred dollars .
Production of
7. The register of every Colonial ship shall be produced once at Colonial
least every six months to the Harbour Master, who shall endorse the register to
Harbour
Master every
date of such production on such register, upon pain , on failure of such
six months.
production, of the forfeiture of such register, unless satisfactory cause [Ibid, sec. 5.]
for such non -production be shown to the Colonial Secretary.
8. Every register, certificate, endorsement, declaration, or bond Colonial
registers, &c.
authorised or required by this section, may be proved in any Court of may be prov
ed by
Justice, or before any person having by law or by consent of parties duction of
originals or
authority to receive evidence, either by the production of the original , or copies.
[Ordinance
by an examined copy thereof, or by a copy thereof purporting to be No. 9 of
1856, sec. 2. ]
certified under the hand of the Colonial Secretary, or other person who ,
for the time being, shall happen to have charge of the original , which
certified copy he is hereby required to furnish to every person applying
at a reasonable time for the same, and paying therefor the sum of one
dollar ; and every document , when so proved as aforesaid , shall be received
as primâ facie evidence of all matters therein recited , stated , or appearing.
9. The British flag may be used on board of any Colonial ship Chinese resi
dents may
lawfully possessing a Colonial register. use the
British flag
in Colonial
registered
ships.
[ Ibid, sec. 1. ]
10. Upon any change of ownership in any Colonial ship registered Changeorof
owner
under this section , such change as aforesaid shall be endorsed upon her master.
[Ordinance
register under the hand of the Governor and any change of master No. 4 of 1855,
sec. 9. ]
shall be endorsed upon the register by the Harbour Master.
11. Every Colonial ship ( except Chinese junks or lorchas ) provided Colonial
registered
with a Colonial register under this section shall be, in every respect,
subject to
subject to the provisions of part I of this Ordinance and (except where Merchant
Shipping
the same are inconsistent with the terms of this section ) to the provisions Acts, &c.
1482 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
of " The Merchant Shipping Act, 1854, " and to the Acts amending the
same, in the same manner and to the same extent as British ships regis
tered under the said Acts are subject thereto, in the waters of this
Colony, or in trading therein or therefrom .
Duration of
Colonial 12. Any Colonial register granted under this section shall be in
register.
force and effect for one year from the date of such register, aud no
bid, sec.
io.] longer, and such register shall be renewable by endorsement on the
same, under the hand of the Governor , if he shall so think fit. Provided
always that whether the register is intended to be renewed or not such
register shall be delivered into the custody of the Colonial Secretary
five days before the expiration of the year for which it has been granted
or in the event of the registered ship being at sea then on her return to
the waters of the Colony, and that the owner, agent, or master of any
such ship neglecting to comply with the requirements of this provision
shall incur a penalty not exceeding $ 500 .
Consent to
13. No prosecution shall be instituted under this section unless
prosecution.
under the fiat of the Attorney General.
CHAPTER II.
REGULATIONS CONCERNING SAFETY.
Boats for Sea-going Ships.
Rules as to
boats and life 4. The following rules shall be observed with respect to boats , rafts
buoys. -
and life buoys, that is to say :
[ M. S. A. ,
1854, sec.
292.] (a. ) No decked British ship ( except ships used solely as steam
tugs ) shall proceed to sea from this Colony unless she
is provided, according to her tonnage, with boats duly
supplied with all requisites for use, and not being fewer
in number nor less in their cubic contents than the
boats the number and cubic contents of which are
[ M. S. A., specified in the table marked A in the schedule hereto
1873 , scc. 15.]
for the class to which such ship belongs : Provided
that the Governor may, at the request of the owner, or
master, authorise the reduction of the number and the
variation of the dimensions of such boats and also the
substitution of rafts or other appliances for saving life
for any such boats, 41 so nevertheless that the boats so
ORDINANCE No. 8 OF 1879 . 1483
Merchant Shipping.
reduced or varied and the rafts or other appliances so
substituted be sufficient for the persons carried on board
the ship : Provided also that it shall be lawful for the
Governor in Council, from time to time, or at any time
hereafter, to alter, amend, or repeal the said table marked
A, or to make a new table in lieu thereof. Every such
new table and every alteration, amendment, or repeal of
the said table A shall be published in the Gazette, and
after such publication , shall be as valid to all intents
and purposes as if such new or amended table had been
originally inserted , instead of table A in the schedule to
this Ordinance .
(b. ) No such ship carrying more than twelve passengers shall
proceed to sea from any place in the Colony , unless , in
addition to the boats hereinbefore required , she is also
provided with a life boat furnished with all requisites
for use, or unless one of her boats hereinbefore required
is rendered buoyant after the manner of a life boat.
(c. ) No such ship as last aforesaid shall proceed to sea, unless
she is also provided with not less than two approved
life buoys ;
And such boats and life buoys shall be kept so as to be at all times fit
and ready for use : Provided, that the enactments with respect to boats
and life buoys herein contained shall not apply in any case in which a
certificate has been duly obtained under the fourth section of " The
Chinese Passengers Act, 1855. "
2. In any of the following cases, that is to say : Penalties on
masters and
(a . ) If any ship hereinbefore required to be provided with owners, &c..
boats, rafts or life buoys proceeds to sea without being lecting to
boats and
so provided therewith, or if any such boats, rafts , life life buoys.
[ M. S.
buoys, or other appliances for saving life are lost or 1854, sec.
rendered unfit for service in the course of the Voyage 293. ]
through the wilful fault or negligence of the owner or
master ; or,
(b. ) If in case of any of such boats, rafts, life buoys , or other
appliances for saving life being accidentally lost or
1484 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
injured in the course of the voyage , the master wilfully
neglects to replace or repair the same on the first
opportunity ; or,
(c. ) If such boats , rafts, life buoys, and other appliances for
saving life are not kept so as to be at all times fit and
ready for use ;
Then if the owner appears to be in fault he shall incur a penalty not
exceeding five hundred dollars, and if the master appears to be in fault
he shall incur a penalty not exceeding two hundred and fifty dollars .
Harbour 3. The Harbour Master shall not grant a clearance for any ship
Master not
to clear ships hereinbefore required to be provided with boats , rafts , life buoys , or other
not com
plying with appliances for saving life unless the same is duly so provided ; and if
the above
provisions. any such ship attempts to go to sea without such clearance, the Harbour
[ M. S. A.,
1854, sec. Master may detain her until she is so provided .
294.j
Survey of Steam-ships of 50 tons and upwards.
-:
5. This section shall apply :
(a. ) To all British steam-ships of 50 tons and upwards carrying
more than twelve passengers and being within the
waters of the Colony which have not been surveyed in
the United Kingdom or in any British possession within
the preceding twelve months under the provisions of
" The Merchant Shipping Acts, 1854 to 1876," or any
legislative enactment for the time being in force in Great
Britain and Ireland or in any British possession.
(b. ) To all Foreign steam- ships of 50 tons and upwards being
within the waters of the Colony and carrying more than
twelve passengers from the Colony and which have not,
from their own country , or the country from whose
flag they may have been transferred, or from any British
port, survey and other certificates equivalent to those
required in the case of British steam-ships : Provided
that in the event of any question arising as to the
sufficiency of any foreign certificate to protect the steam
ship holding the same from survey under this section ,
such question shall be referred for settlement to the
Governor in Council whose decision thereon shall be final .
ORDINANCE No. 8 OF 1879 . 1485
Merchant Shipping.
(c. ) To all steam- ships of 50 tons and upwards propelled by
steam plying within the waters of the Colony , and
carrying more than twelve passengers .
(d. ) To all steam - ships registered in this Colony of 50 tons
and upwards, and carrying more than twelve passengers .
(e. ) To river steamers .
2. Such steam-ships shall be provided as follows, that is to Equipment of
steam-ships.
say : [Ibid. sec.
301. ]
(a . ) Every steam - ship of which a survey is required by this Safety valve .
section , shall be provided with a safety valve upon each
boiler, so constructed as to be out of the control of the
engineer when the steam is up, and, if such valve is in
addition to the ordinary valve, it shall be so constructed
as to have an area not less , and a pressure not greater
than the area of and pressure on that valve.
(b . ) Every steam- ship carrying more than twelve passengers Compasses to
be adjusted.
shall have her compasses properly adjusted from time to
time ; such adjustment , in the case of ships surveyed as
hereinafter mentioned, to be made to the satisfaction of
the Government surveyor or surveyors and according
to such regulations as may be issued by the Governor .
(c. ) Every steam- ship carrying more than twelve passengers and Fire hose.
every British steam- ship ( unless used solely as a steam
tug ) shall be provided with a hose adapted for the pur
pose of extinguishing fire in any part of the ship and
capable of being connected with the engines of the ship .
( d. ) Every steam - ship carrying more than twelve passengers Signals.
shall be provided , to the satisfaction of the Governor :
(1. ) With means for making the signals of distress
at night specified in the first schedule to " The
Merchant Shipping Act , 1873 , " or in any rules
substituted therefor, including means of making
flames on the ship which are inextinguishable
in water, or such other means of making signals
of distress as the Governor may previously
approve ; and ·
1486 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
( 2. ) With a proper supply of lights inextinguish
able in water, and fitted for attachment to life
buoys.
Shelter for (e. ) Every steam - ship carrying more than twelve passengers by
deck pas
sengers. sea, not coming within the provisions of the Chinese
Passengers' Act of 1855 , or of any Ordinance made in
pursuance thereof shall be provided with such shelter for
the protection ofdeck passengers ( if any ) as the Governor ,
having regard to the nature of the passage, the number
of deck passengers to be carried, the season of the year,
the safety of the ship, and the circumstances of the case,
may require.
Penalty.
If any such steam -ship as aforesaid goes to sea from any port in the
Colony without being so provided as hereinbefore required , then for each
default in any of the above requisites , the owner shall ( if he appears to be
in fault ) incur a penalty not exceeding five hundred dollars, and the
master shall ( if he appears to be in fault ) incur a penalty not exceeding
two hundred and fifty dollars .
Penalty for 3. If any person places an undue weight on the safety valve of any
improper
weight on steam-ship coming within the meaning of subsection 1 of this section , or
safety valve.
[Ibid, sec. increases such weight beyond the limits fixed for any British steam -ship
302.1
by the Government surveyor as hereinafter mentioned , he shall , in addition
to any other liabilities , incur by so doing , a penalty not exceeding five
hundred dollars .
Governor to 4. The Governor may, from time to time, appoint such number offit
appoint
surveyors, and proper persons to be Government surveyors for the purposes of this
and fix their
remuneration. Ordinance as he thinks proper, and appoint their duties , and may, from
[Ibid, sec.
305.] time to time, remove such surveyors , or any of them, and may, from time
to time, fix and alter the remuneration to be received by such surveyors.
Surveyors to 5. It shall be lawful for the said surveyors in the execution of their
have power to
inspect. duties to go on board any steam-ship to which this section applies, at all
[ Ibid, sec.
306.] reasonable times, and to inspect the same, or any part thereof, or any of
the machinery, boats, equipments, or articles on board thereof, or any
certificates of the master, mate, or engineer, to which the provisions of
" The Merchant Shipping Acts , 1854 to 1876 , " or any Ordinance , or any
of the regulations made, or to be made under the said Merchant Shipping
ORDINANCE No. 8 of 1879 . 1487
Merchant Shipping.
Acts, or such Ordinance for the time being in force in this Colony apply,
not unnecessarily detaining or delaying the ship from proceeding on any
voyage, and, if in consequence of any accident to any such ship or for any
other reason they consider it necessary so to do, to require the ship to be
taken into dock for the purpose of surveying the hull thereof ; and any
person who hinders any such surveyor from going on board any such
steam- ship , or otherwise impedes him in the execution of his duty under
this Ordinance , shall incur a penalty not exceeding twenty-five dollars .
6. The said surveyors shall execute their duties under the direction Governor to
regulate mode
of the Governor, and the Governor may make regulations as to the of survey.
[Ibid, sec.
manner in which the surveys hereinafter mentioned shall be made, and as 307.j
to the notice to be given to the surveyors when surveys are required, and
as to the amount and payment of the fees due and of any expenses in
curred by such surveyors in the execution of their duties, and may thereby
determine the person by and to whom and the conditions under which
such payment shall be made.
7. Every surveyor who demands or receives directly or indirectly Penalty on
surveyors
from the owner, agent, or master of any ship surveyed by him under the receiving fees.
[Ibid, sec.
provisions of this Ordinance, or from any other person any fee or remu 308. ]
neration whatsoever for or in respect of such survey, shall incur a penalty
not exceeding two hundred and fifty dollars.
Owner to
8. The owner, agent, or master of every steam- ship being within have survey
made by
the waters of the Colony shall , where such steam - ship comes within the surveyor, and
meaning of this section , cause the same to be surveyed by one or more of surveyor to
give declara
tions.
the Government surveyors ; and such surveyor or surveyors shall there
[Ibid, sec.
upon, if satisfied that he or they can with propriety do so, give to such 309. ]
Owner declarations as follows :――――――――
(a. ) A declaration of a Government surveyor shall contain
―
statements of the following particulars that is to say :
(1. ) That the hull of the ship is sufficient for the
service intended and in good condition ;
( 2. ) That the boats, rafts , life buoys, or other
appliances for saving life, lights , signals , com
passes , and shelter for deck passengers, and the
certificates of the master and mate or mates,
are such and in such condition as required by
law.
1488 ORDINANCE No. S oF 1879 .
Merchant Shipping.
(3. ) The time ( if less than twelve months ) for
which the said hull and equipments will be
sufficient ;
(4. ) The limits ( if any ) beyond which, as regards
the hull and equipments, the ship is , in the
surveyor's judgment, not fit to ply ;
(5. ) With reference to all steam- ships not coming
within the provisions of the Chinese Passengers'
Act , 1855 , or of any Ordinance made in pur
suance thereof, if plying or intended to ply
for hire, the number of passengers which such
ship or vessel is, in the judgment of the sur
veyor, fit to carry , distinguishing , if necessary,
between the respective numbers to be carried
on the deck and in the cabins , and in the
different parts of the deck and cabins ; such
numbers to be subject to such conditions and
variations, according to the time of year, the
nature of the voyage, the cargo carried, or other
circumstances , as the Governor in Council may,
from time to time, direct by any regulations
to be made by him for this purpose, and until
such regulations are made and so far as the
same shall not extend, according to the regula
tions contained in table E in the schedule
hereunto annexed .
(b.) And also a declaration of a Government surveyor containing
statements of the following particulars, that is to say :
( 1. ) That the boilers and machinery of the steam
ship are sufficient for the service intended, and
in good condition ;
( 2. ) The time ( if less than twelve months ) for
which such boilers and machinery will be
sufficient ;
( 3. ) That the safety valves and fire hose, when
requisite, are such and in such condition as are
required by this Ordinance ;
ORDINANCE No. 8 or 1879 . 1489
Merchant Shipping.
( 4. ) The limit of the weight to be placed on the
safety valves ;
( 5. ) The limit ( if any ) beyond which, as regards
the boilers and machinery , the steam - ship is ,
in the surveyor's judgment, not fit to ply ;
And such declarations shall be in such form as the Governor directs .
9. The said owner, agent, or master shall transmit such declarations Transmission
of declaration
to the
to the Governor within fourteen days after the dates of the receipt thereof Governor.
respectively ; and in default , shall forfeit a sum not exceeding two dollars Penalty for
delay.
for every day that the sending of such declarations is delayed ; and such [ hid , sec.
310.
sum shall be paid upon the delivery of the certificate hereinbefore
mentioned in addition to the fee payable for the same, and shall be applied
in the same manner as such fees , and ifthe declarations are not transmitted
five [ " twenty eight" as amended by Ordinance
to the Governor within twenty -
No. 3 of 1880 ] days the fees and forfeitures shall be recoverable as a debt
due to the Crown.
Governor to
10. Upon the receipt of such declarations, the Governor shall , if issue certifi
cate.
satisfied that the provisions of this section have been complied with, cause
(Ibid, sec.
a certificate in duplicate to be prepared and issued to the effect that the 312.1
provisions of the law with respect to the survey of the steam- ship and
the transmission of declarations in respect thereof have been complied
with , and such certificate shall state the limits ( if any ) beyond which ,
according to the declaration of the surveyor or surveyors, such steam
ship is not fit to ply, and shall also contain a statement of the number of
passengers which, according to the declaration ofthe surveyor or surveyors,
such steam -ship is fit to carry, distinguishing, ( if necessary, ) between the
respective numbers to be carried on the deck and in the cabins , such
number to be subject to such conditions and variations, according to the
time of year, the nature of the voyage, the cargo carried, and other
circumstances , as the case requires.
11. The Governor shall transmit such certificate in duplicate to the Issue and
transmission
Harbour Master, who shall deliver the same to the owner, master, or of certificates.
(Ibid, sec.
agent on his applying and paying the balance of fee and other sums (if 313.)
any ) herein mentioned as payable in that behalf.
12. The owner, agent, or master of every steam- ship requiring a Fees to be
paid for
certificate under this section , shall pay for every certificate granted by the certificate.
[Ibid, sec .
Governor the fees mentioned in the table marked C in the schedule hereto. 314.]
1490 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
How long 13. No certificate shall be held to be in force for the purposes of this
certificates to
continue in section beyond a period of twelve months ; and no certificate shall be in
force.
[Ibid, sec. force after notice is given by the Governor to the owner, agent , or master
315.]
of the ship to which the same relates , that he has cancelled or revoked.
the same. Provided that if any steam- ship is absent from the Colony at
the time when her certificate expires no penalty shall be incurred until
she commences a voyage after her next subsequent return to the Colony,
and the Governor may require any certificate which has expired or has
been revoked or cancelled to be delivered up as he directs, and any owner,
agent, or master, who without any reasonable cause neglects or refuses to
comply with such requirement, shall incur a penalty not exceeding fifty
dollars .
Governor may 14. The Governor may revoke and cancel such certificates in any
cancel certifi
cates , and ―――――
case in which he has reason to believe :
require fresh
declarations .
[Ibid, sec. (a. ) That the declarations of the sufficiency and good condition
316. ]
of the hull, equipments , and machinery of any steam- ship
have been fraudulently or erroneously made ; or,
(b. ) That such certificate has otherwise been issued upon false
or erroneous information ; or ,
(c. ) That since the making of such declarations , the hull
equipments, or machinery of such steam-ship have
sustained any injury , or are otherwise insufficient :
And in every such case the Governor may , if he thinks fit , require the
owner to have the hull , equipments or machinery of such steam- ship
again surveyed, and to transmit a further declaration or declarations of
the sufficiency and good condition thereof, before re - issuing any certificate,
or granting a fresh one in lieu thereof.
Copy of 15. The owner, agent, or master of every such steam- ship, shall
certificate to
be placed in forthwith , on the transmission of any such certificate as aforesaid to him
conspicuous
part of ship. or his agent, cause one of the duplicates thereof so transmitted to be put
Ibid, sec.
317. ] up in some conspicuous part of the ship , so as to be visible to all persons
on board the same, and shall cause it to be continued so put up so long
as such certificate remains in force and such steam- ship is in use ; and in
default, such owner, agent, or master shall, for every offence, incur a
penalty not exceeding fifty dollars .
ORDINANCE No. 8 or 1879. 1491
Merchant Shipping.
16. The said surveyor or surveyors shall, from time to time, make Surveyors to
make returns
such returns to the Governor as he requires with respect to the build, of the build
and other
dimensions , draught, burden, rate of sailing, room for fuel , and the nature particulars of
steam ships.
and particulars of machinery and equipments of the steam- ship surveyed and owners
and masters
by him or them ; and every owner, master, and engineer of any such ship to give
information
shall , on demand, give to such surveyor or surveyors all such information for that
purpose.
and assistance within his power as he or they require for the purpose of [Ibid, sec.
321. ]
such returns ; and every such owner, master, or engineer who, on being
applied to for that purpose , wilfully refuses or neglects to give such
information or assistance, shall incur a penalty not exceeding twenty -five
dollars .
Penalties for carrying passengers in excess ofthe numbers allowed by
certificate, or in a certain proportion to tonnage.
6. The master of any steam- ship carrying more than twelve Harbour
Master may
passengers shall , upon application to the Harbour Master for a port refuse clear
ances to ship
clearance, state the number of passengers he purposes to carry in the then carrying more
passengers
projected voyage ; and if such number shall be in excess of the number than allowed
by certificate.
mentioned in the certificate, the Harbour Master may refuse a port
clearance to such ship. Any master wilfully misrepresenting the number
of passengers so about to be carried shall incur a penalty not exceeding
two hundred and fifty dollars .
2. Any master of any such ship who shall, after having obtained Penalty for
taking more
such port clearance, wilfully take or receive on board such vessel any passengers
than allowed
number of passengers greater than that allowed by the said port clearance, by
andcertificate
also for ,
shall, on conviction, incur a penalty not exceeding two hundred dollars leaving with
out a port
in addition to a penalty not exceeding five dollars for every such clearance.
passenger in excess of the number permitted to be carried by the said
port clearance ; and the master of any such ship proceeding to sea without
a port clearance shall incur a penalty not exceeding five hundred dollars .
3. It shall be lawful for the Governor in Council to prohibit the Governor
may prohibit
conveyance of deck passengers by any steam- ship . conveyance of
deck
passengers.
4. This section shall not apply to ships or vessels which come within This section
not to apply
the operation of the Chinese Passengers' Act, 1855 , or of any Ordinance to ships or
vessels which
made or hereafter to be made in pursuance of the provisions thereof. come under
the Chinese
Passengers'
Act, 1855, &c.
1492 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
Steam-ships under 50 tons.
Steam-ships 7. It shall not be lawful for any steam- ship of less than fifty tons
under 50 tons
not to carry burden to carry passengers for hire within the waters of the Colony, or
passengers for
hire without to any place outside the waters of the Colony , unless she has obtained a
licence.
licence as hereinafter provided , and in case any such steam-ship shall be
so employed as aforesaid without a licence, the owner, master, or person
in charge thereof shall incur a penalty not exceeding five hundred dollars .
The Harbour 2. The Harbour Master may issue to steam- ships of less than fifty
Master to
issue licences. tons burden licences for carrying passengers upon the conditions
prescribed by such regulations as are for the time being in force under
this section .
Regulations. 3. The regulations contained in the table F ofthe schedule hereunto
annexed shall continue in force until altered or repealed as hereinafter
provided .
Alteration or 4. The Governor in Council may, from time to time, alter, amend , or
repeal of
regulations. repeal the said regulations or any of them, and may make other regula
tions as he deems requisite . Every new regulation and every alteration ,
amendment , or repeal of an existing regulation shall be published in the
Gazette, and after such publication shall have the force of law.
Penalty for 5. If any steam- ship licensed under this section carries within the
carrying pas
sengers in waters of the Colony more passengers than her licence allows, the owner
excess of the
licence. or master thereof shall incur a penalty not exceeding two hundred and
fifty dollars.
Penalty for 6. If any unlicensed steam - ship of less than fifty tons burden arrives
unlicensed
steamer in the waters of the Colony carrying more passengers in proportion to
arriving with
excessive her size than she would be licensed to carry under the regulations for the
numbers of
passengers. time being in force under this section , the master thereof shall incur a
penalty not exceeding one hundred dollars .
Penalty for 7. If any steam- ship licensed under this section plies in the waters
plying with
out a certifi of the Colony without a certificated master or engineer [ amended by Ordi
cated master
or engineer. nance No. 3 of 1880, and by Ordinance No. 19 of 1882 ] as provided by
table F, the owner thereof shall incur a penalty not exceeding one hundred
dollars or imprisonment with or without hard labour for a period not
exceeding three months.
ORDINANCE No. 8 OF 1879 . 1493
Merchant Shipping .
8. If any person places an undue weight or pressure on the safety
valve of any steam-ship licensed under this section , he shall incur a
penalty not exceeding one hundred dollars or imprisonment with or
without hard labour for a period not exceeding three months .
Steamers to
9. Every steam- ship , whether licensed or not, of less than fifty tons
exhibit lights..
burden shall, when under way between sunset and sunrise, exhibit a
green light on the starboard bow and a red light on the port bow and a
bright light at least ten feet above the coloured lights ; and every such
steam-ship shall , when at anchor between sunset and sunrise, exhibit a
bright light at least 10 feet above the gunwales .
10. Any person offending against the provisions of this section , or Offences
against regu
against any of the regulations in force for the time being under this lations.
section shall , where no penalty is specified , incur a penalty not exceeding
fifty dollars.
River steamers.
8. It shall be lawful for the Governor in Council to grant a special Licences may
be granted to
licence to any river steamer specifying the number of passengers she may river steamers
limiting the
lawfully carry. number of
passengers.
2. Such special licence shall continue in force during the period in Period during
which licen
which the river steamer holding the same shall be regularly employed in ces shall be in
force.
such capacity ; but such special licence may be revoked by the Governor
in Council upon receiving a declaration in writing from any Government
Surveyor that the river steamer holding the same has become unfit to
carry the number of passengers authorised by such licence or upon such
river steamer ceasing to be regularly employed as such .
3. The owner or master of any river steamer leaving or entering Penalty for
exceeding
the waters of the Colony with passengers on board in excess of the number limit allowed
by licences.
authorised by the special licence, shall incur a penalty not exceeding
$250, and in addition a penalty not exceeding $5 for every passenger on
board in excess of the number authorised by the special licence.
4. No steam- ship not holding a special licence shall, between the Limit of pas
sengers to be
waters of the Colony and any port in the Canton river or Macao, carry carried by
steam -ships
more than 2 passengers in proportion to every three tons of the registered not holding
special licen
net tonnage of such steam-ship ; and the owner, agent, or master of any ces between
Hongkong .
such steam-ship leaving or entering the waters of the Colony with passen Canton and
Macao .
gers on board in excess of such proportion, shall incur a penalty not
1494 ORDINANCE No. 8 of 1879 .
Merchant Shipping.
exceeding $ 250 in addition to a penalty not exceeding $5 for every
passenger carried in excess of such proportion .
Unseaworthy ships.
[M.S.A. 1876, 9. Where a British or Colonial ship being in any port of the Colony ,
sec. 6. ]
Power to is by reason ofthe defective condition of her hull, equipment , or machinery ,
detain unsafe
ships, and or by reason of overloading or improper loading, unfit to proceed to sea
procedure for
such deten without serious danger to human life, having regard to the nature of the
tion.
service for which she is intended , any such ship ( hereinafter referred to
as " unsafe ") may be provisionally detained for the purpose of being
surveyed, and either finally detained or released, as follows :
(a . ) The Governor, if he has reason to believe on complaint ,
or otherwise, that a British or Colonial ship is unsafe,
may provisionally order the detention of such ship for
the purpose of being surveyed.
(b . ) When a ship has been provisionally detained, there shall
be forthwith served on the master of the ship a written
statement of the grounds of her detention , and the Gov
ernor may, if he thinks fit, appoint some competent
person or persons to survey the ship and report to him.
(c. ) The Governor on receiving the report may either order the
ship to be released , or, if in his opinion the ship is
unsafe,may order her to be finally detained, either abso
lutely or until the performance of such conditions with
respect to the execution of repairs or alterations , or the
unloading or reloading of cargo as the Governor thinks
necessary for the protection of human life , and may ,
from time to time, vary or add to any such order.
(d. ) Before the order for final detention is made, a copy of the
report shall be served upon the master of the ship , and
within seven days after such service the owner, or agent,
or master of the ship may appeal in the prescribed
manner to the Court of survey constituted under chapter
3, section 13, subsection 10 , of this Ordinance.
(e. ) Where a ship has been provisionally detained , the owner,
or agent , or master of the ship, at any time before the
person appointed under this section to survey the ship
ORDINANCE No. 8 OF 1879 . 1495
Merchant Shipping.
makes such survey, may require that he shall be accom
panied by such person of nautical, engineering, or other
special skill and experience to be approved by the Gov
ernor as the owner, or agent, or master may select ,
and in such case, if the surveyor and assessor agree, the
Governor shall cause the ship to be detained or released
accordingly, but if they differ, the Governor may act as
if the requisition had not been made, and the owner , or
agent, and master shall have the like appeal touching
the report of the surveyor as is before provided by this
section.
(f. ) Where a ship is provisionally detained , the Governor may
at any time, if he thinks it expedient, refer the matter to
the Court of survey .
(g . ) The Governor may, at any time, if satisfied that a ship
detained under this Ordinance is not unsafe, order her
to be released either upon or without any conditions .
2. If it appears that there was not reasonable and probable cause , [M.S.A. 1876 ,
sec. 10. ]
by reason of the condition of the ship or the act or default of the owner Liability of
the Governor
or agent , for the provisional detention of the ship, the Governor shall be and ship
owner for
liable to pay to the owner of the ship his costs of and incidental to the costs and
damages.
detention and survey of the ship, and also compensation for any loss or
damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Ordinance, or if it appears
that a ship provisionally detained was, at the time of such detention ,
unsafe within the meaning of this Ordinance, the owner of the ship shall
be liable to pay to the Governor his costs of and incidental to the deten
tion and survey of the ship , and those costs shall , without prejudice to
any other remedy , be recoverable in a summary way before any Stipendiary
Magistrate.
For the purposes of this Ordinance the costs of and incidental to any
proceeding before a Court of survey and a reasonable amount in respect
of the remuneration of the surveyor of the Governor shall be deemed to
be part of the costs of the detention and survey of the ship , and any
dispute as to the amount of costs under this Ordinance may be referred
to the Registrar of the Supreme Court, who, on request made to him for
that purpose by the Governor , shall ascertain and certify the proper
amount of such costs.
1496 ORDINANCE No. 8 OF 1879 .
Merchant Shipping .
An action for any costs or compensation payable by the Governor
under this section shall be brought against the Attorney General in a suit
instituted by the plaintiff as claimant against " The Attorney General "
as defendant, and the provisions of subsections 2 , 3 , 4 , and 5 , of section
83, chapter 14 , of the Hongkong Code of Civil Procedure shall apply to
such suit.
[M.S.A. 1876, 3. Where a complaint is made to the Governor that a British or
sec. 11.]
Power to Colonial ship is unsafe, he may, if he thinks fit , require the complainant
require from
complainant to give security to his satisfaction for the costs and compensation which
security for
costs. he may incur as hereinafter mentioned .
Provided that where the complaint is made by one-fourth, being not
less that three, of the seamen belonging to the ship , and is not , in the
opinion of the Governor, frivolous or vexatious , such security shall not
be required, and the Governor shall, if the complaint is made in sufficient
time before the sailing of the ship, take proper steps for ascertaining
whether the ship ought to be detained under this Ordinance.
[M.S.A. 1876, 4. An order for the detention of a ship provisional or final and an
sec. 12. ]
Supplement order varying the same, shall be served as soon as may be on the master
ary provisions
astodetention of the ship .
of ships.
(a. ) When a ship has been detained under this Ordinance, she
shall not be released by reason of her British or Colonial
register being subsequently closed .
(b. ) For the purposes of a survey under this Ordinance , any
person authorised to make the same may go on board
the ship and inspect the same and every part thereof,
and the machinery, equipments and cargo , and may
require the unloading or removal of any cargo, ballast ,
or tackle.
(c. ) The provisions of the " Merchant Shipping Act, 1854 ,"
with respect to persons who wilfully impede an inspector ,
shall apply as if those provisions were herein enacted ,
with the substitution for the inspector of any member
of the Court of survey, assessor , or surveyor , who,
under this Ordinance, has the same powers as an inspector
or has authority to survey a ship.
ORDINANCE No. 8 OF 1879 . 1497
Merchant Shipping.
Foreign ships, overloading.
10. Where a foreign ship has taken on board all or any part of her [ M.S.A. 1876,
sec. 13. ]
cargo at a port in the Colony, and is whilst at that port unsafe by reason Application
to foreign
of overloading or improper loading, the provisions of this Ordinance with ships of
provisions as
respect to the detention of ships shall apply to that foreign ship as if she to detention.
―
were a British ship , with the following modifications :
(a. ) A copy of the order for the provisional detention of the
ship shall be forthwith served on the Consular Officer for
the State to which the ship belongs.
(b. ) Where a ship has been provisionally detained , the Consular
Officer, on the request of the owner, or agent, or master
of the ship , may require that the person appointed by
the Governor to survey the ship shall be accompanied
by such person as the Consular Officer may select , and
in such case , if the surveyor and such person agree, the
Governor shall cause the ship to be detained or released
accordingly ; but if they differ, the Governor may act
as if the requisition had not been made, and the owner,
or agent, and master shall have the appeal to the Court
of survey touching the report of the surveyor which is
before provided by this Ordinance ; and
(c. ) Where the owner, or agent, or master of the ship appeals
to the Court of survey, the Consular Officer, on the
request of such owner or master, may nominate any
competent person or persons to be a member or members
of the Court of survey , not exceeding two.
In this section the expression " Consular Officer " means any Consul
General, Vice- Consul , Consular Agent, or other officer recognised by the
Governor as a Consular Officer of a Foreign State.
Sending unseaworthy ships to sea.
11. Every person who sends or attempts to send , or is a party to Sending
unseaworthy
Sending or attempting to send a British or Colonial ship to sea in such ship to sea a
misdemeanor.
inseaworthy state that the life of any person is likely to be endangered, M.S.A. 1876 .
see . 4.]
Shall be guilty of a misdemeanor unless he proves that he used all
1498 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
reasonable means to ensure her being sent to sea in a seaworthy state,
or that her going to sea in such unseaworthy state was, under the
circumstances, reasonable and justifiable, and for the purpose of giving
such proof, he may give evidence in the same manner as any other witness .
2. Every master of a British or Colonial ship who knowingly takes
the same to sea in such unseaworthy state that the life of any person is
likely to be thereby endangered , shall be guilty of a misdemeanor, unless
he proves that her going to sea in such unseaworthy state was , under the
circumstances, reasonable and justifiable, and for the purpose of giving
such proof, he may give evidence in the same manner as any other
witness .
3. A prosecution under this section shall not be instituted except
with the consent of the Governor .
4. A misdemeanor under this section shall not be punishable upon
summary conviction.
Dangerous goods.
Restrictions
12. If any person sends or attempts to send by, or not being master
on carriage of
dangerous or owner of the vessel , carries or attempts to carry in any vessel, British
goods.
M.S.A. 1873, or foreign , any dangerous goods , that is to say : -aquafortis , vitriol ,
sec. 23. ]
[See also Or naphtha, benzine, gunpowder, lucifer matches , nitro-glycerine, petroleum,
dinances Nos,
8 of 1873 & or any other goods of a dangerous nature, without distinctly marking
19 of 1890. ]
their nature on the outside of the package containing the saine, and
giving written notice of the nature of such goods and of the name and
address of the sender or carrier thereof to the master or owner of the
vessel at or before the time of sending the same to be shipped, or taking
the same on board the vessel, he shall, for every such offence, incur a
penalty not exceeding five hundred dollars : Provided that if such person
show that he was merely an agent in the shipment of any such goods as
aforesaid, and was not aware and did not suspect and had no reason to
suspect that the goods shipped by him were of a dangerous nature, the
penalty which he incurs shall not exceed fifty dollars .
Penalty for 2. If any person knowingly sends, or attempts to send by, or carries ,
misdescrip
tion of dan or attempts to carry in any vessel, British or foreign, any dangerous ,
gerous goods.
[Ibid , sec. goods, or goods of a dangerous nature, under a false description , or falsely
24. ]
describes the sender or carrier thereof, he shall incur a penalty not
exceeding two thousand and five hundred dollars, to be recovered in a
suminary way before two Stipendiary Magistrates sitting together.
ORDINANCE No. 8 OF 1879 . 1499
Merchant Shipping.
3. The master or owner of any vessel , British or foreign , may refuse Power to re
fuse to carry
to take on board any package or parcel which he suspects to contain goods suspect
ed of being
goods of a dangerous nature, and may require it to be opened to ascertain dangerous.
[Ibid, sec.
the fact. 25.1
Power to
4. Where any dangerous goods as defined in paragraph 1 of this throw over
board dan
section, or any goods which, in the judgment of the master or owner of
gerous goods .
the vessel, are of a dangerous nature, have been sent or brought aboard [Ibid, sec.
26. ]
any vessel, British or foreign , without being marked as aforesaid , or
without such notice having been given as aforesaid , the master or owner
of the vessel may cause such goods to be thrown overboard , together with
any package or receptacle in which they are contained ; and neither the
master nor the owner of the vessel shall , in respect of such throwing
overboard, be subject to any liability, civil or criminal, in any Court.
5. Where any dangerous goods have been sent or carried, or Forfeiture of
dangerous
attempted to be sent or carried , on board any vessel , British or foreign , goods impro
perly sent.
without being marked as aforesaid , or without such notice having been [Ibid, sec.
27.]
given as aforesaid, and where any such goods have been sent or carried,
or attempted to be sent or carried , under a false description , or the sender
or carrier thereof has been falsely described, it shall be lawful for two
Stipendiary Magistrates sitting together to declare such goods , and any
package or receptacle in which they are contained, to be , and they shall
thereupon be, forfeited , and when forfeited shall be disposed of as the
Court directs .
6. The Court shall have and may exercise the aforesaid powers of The Court
may proceed
forfeiture and disposal, notwithstanding that the owner of the goods has in absence of
the owners .
not committed any offence under the provisions of this section relating
to dangerous goods , and be not before the Court, and has not notice of
the proceedings, and notwithstanding that there be no evidence to show
to whom the goods belong ; nevertheless the Court may, in its discretion ,
require such notice as it may direct to be given to the owner or shipper
of the goods before the same are forfeited .
7. The provisions of this section relating to the carriage of dangerous Saving as to
dangerous
goods shall be deemed to be in addition to, and not in substitution for, goods Ordi
nance.
or in restraint of, any other enactment * for the like object , so nevertheless [Ibid, s. 28.
[* See Ordi
that nothing in the said provisions shall be deemed to authorise that any nances Nos.
& of1873 8
Person be sued or prosecuted twice in the same matter. 19 of 1890. ]
1500 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
CHAPTER III .
MARINE COURTS AND COURTS OF SURVEY.
Constitution 13. It shall be lawful for the Governor, from time to time and
of Marine
Court. whensoever occasion shall arise or require, by warrant under his hand
.
[ See Ordi
nance 11 of and seal of the Colony, to form a Court, which shall be called “ The
1860, sec. 1. ]
Marine Court ;" and such Court shall consist of not more than five or
less than three members, of whom one shall be a Stipendiary Magistrate,
and one ( or more if possible ) , a Commissioned Officer in the Royal Navy,
and the remainder masters of the mercantile marine, or such persons of
nautical, engineering or other special skill or knowledge as the Governor
[42 and 43
Vic., c. 72, sec. may think fit to appoint : Provided always that where any such investiga
3. sub-sec. 3.]
tion involves or appears likely to involve any question as to the cancelling
or suspension of the certificate of a master, mate, or engineer, the Court
shall include not less than two members having experience in the merchant
service .
Unofficial
members of 2. Each of the unofficial members of such Court shall be paid, out
Court to be
remunerated. of the Colonial Treasury, the sum of $5 a day, during each day that the
Court shall hold its sitting.
Cases where
inquiries are 3. In any of the following cases, that is to say:
to be institu
ted .
(a . ) Whensoever any charge of incompetency or misconduct
shall be brought by any person against any master, mate ,
or engineer of a British ship ;
(b. ) Whenever any ship is lost , abandoned , stranded , or [ mate
rially: repealed by Ordinance No. 3 of 1880] damaged
on or near the coasts of the Colony ;
(c. ) Whenever any ship causes loss or [ material : repealed by
Ordinance No. 3 of 1880 ] damage to any other ship , on
or near such coasts ;
(d. ) Whenever by reason of any casualty happening to, or on
board of any ship , on or near such coasts , loss of life
ensues ;
(e. ) Whenever any such loss , abandonment, stranding , damage ,
or casualty happens elsewhere, and any competent
witness thereof, arrive at, or be found at , any place in
the said Colony ;
ORDINANCE No. 8 OF 1879 . 1501
Merchant Shipping.
.) Whenever a British ship has been lost, or is supposed to
(f
be lost, and any evidence can be obtained in the Colony
as to the circumstances under which she proceeded to
sea or was last heard of ;
It shall be lawful for the Court to hear and inquire into any such charge Powers of
Court.
of incompetency or misconduct, and to make inquiry respecting such
loss, abandonment, stranding, damage, or casualty , and for such purposes ,
it shall have the powers given by the first part of " The Merchant Ship
ping Act, 1854 ," to inspectors appointed by the Board of Trade, and the
powers given by section 23 of " The Merchant Shipping Act Amend
ment Act, 1862 , " and the Court shall be governed by the rules of the
said last mentioned section , subject to the further requirements of this
Ordinance, or of any Imperial Act or local Ordinance which may be
from time to time, enacted.
―――
4. The Court may also exercise the following further powers : Further
powers of
(a. ) It may, if unanimous that the safety of the ship or crew, Court .
[ See M. S. A.,
or the interest of the owner, absolutely requires it, super 1854, sec.
263.1
sede the master of any British ship then being within
the waters of the Colony, and may appoint another
person to act in his stead ; but no such appointment
shall be made without the consent of the consignee of
the ship if within the Colony;
(b. ) It may discharge any mate, engineer, or seaman from
his ship ;
( c. ) It may order the wages of any mate or engineer so dis
charged, or any part of such wages to be forfeited, and
may direct the same to be retained by way of compen
sation to the owner.
5. Each member of the Court shall either sign the report made on
any investigation under this section , or report to the Governor his
reasons for dissent therefrom .
6. Every master or mate or engineer whose certificate is suspended [ M. S. A.
1862, sec. 24.}
or cancelled in pursuance of this Ordinance shall , upon demand of the [42 and 43
Court, deliver his certificate to the Court, or if it is not demanded by Vic., c. 72 ,
sec. 3, sub
the Court, deliver it to the Governor or as he directs , and in default sec. .4 ]
shall, for each offence, incur a penalty not exceeding two hundred and
fi fty
dollars , —but no certificate shall be suspended or cancelled until
such suspension or cancellation shall have been approved by the Governor.
1502 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
[42 and 43 7. Where an investigation into the conduct of a master, mate,
Vic., c. 72,
sec. 2, sub engineer, or into a shipping casualty, has been held under this Ordinance,
sec. 1. ]
or any Ordinance amending the same, the Governor may, in any case,
and shall , if new and important evidence which could not be produced
at the investigation has been discovered , or if for any other reason there
has in his opinion been ground for suspecting a miscarriage of justice ,
order that the case be re-heard, either generally or as to any part thereof,
and either by the Court by whom it was heard in the first instance , or
by the Judge of the Vice- Admiralty Court of this Colony , and the case
shall be so re-heard accordingly .
Rules as to
8. The Governor in Council may, from time to time, make and
procedure,
fees, &c. when made revoke, alter and add to general rules for carrying into effect
[ M. S. A.
1876 , sec. 30. ] the enactments relating to formal investigation into shipping casualties
the enactments
and in particular with respect to the procedure, the parties, the persons
allowed to appear, the notice to such parties and persons , or to persons
affected , and the amount and application of fees : And all such rules
while in force shall have effect as if enacted by this Ordinance.
9. Every formal investigation in a shipping casualty shall be con
ducted in such a manner that if a charge is made against any person
that person shall have an opportunity of making a defence.
Constitution 10. The Court shall also be a Court of survey, and when sitting as
power and
procedure of ―――――
a Court of survey the following provisions shall have effect :
Court of
survey.
[M. S.A. 1876 , (a . ) The case shall be heard in open Court.
secs. 7 & 8.1
(b. ) Each member of the Court may survey the ship and shall
have for the purposes of this section all the powers of
an inspector appointed by the Board of Trade under
the " Merchant Shipping Act, 1854."
(c . ) The Court may appoint any competent person or persons
to survey the ship and report thereon to the Court, and
such person or persons in case of disagreement may be
appointed by a majority of the members.
(d.) The Court shall have the same power as the Governor has
to order the ship to be released or finally detained , but
unless a majority of the members of the Court concur
in an order for the detention of the ship, the ship shall
be released .
ORDINANCE No. 8 or 1879 . 1503
Merchant Shipping.
(e. ) The owner or agent and master of the ship and any person
appointed by the owner or agent or master, may attend
at any inspection or survey made in pursuance of this
section .
Rules for
11. The Governor in Council may, from time to time, make and
procedure of
when made revoke, alter and add to general rules to carry into effect the Court of
survey, &c.
provisions of this Ordinance with respect to a Court of survey, and in [ M. S. A.
1876, sec. 9. ]
particular with respect to the summoning of and procedure before the
Court, the requiring on an appeal under section 9 , subsection ( d ) security
for costs and damages, the amount and application of fees and the
publication of the rules.
12. All such rules, while in force, shall have effect as if enacted in
this Ordinance, and the expression " prescribed " in the provisions of
this Ordinance relating to the detention of ships or Court of survey
means prescribed by such rules .
13. The Court may make such order with respect to the costs of Court may
order pa y
any investigation under this section as they think fit, and such costs. ment of costs
of any
shall be paid accordingly, and shall be recoverable in the same manner investigation.
as costs in summary proceedings before any Police Magistrate .
14. Nothing in this section contained shall be deemed to affect in Jurisdiction
of the Vice
any way the jurisdiction of the Vice - Admiralty Court of Hongkong. Admiralty
Court not to
be affected.
Appeal on refusal of certain certificates to ships.
14. If a ship-owner feels aggrieved : — [M. S. A.
1876, sec. 14. ]
(a . ) By a declaration of a Government surveyor or surveyors
under sub- section 8 of section 5 of this Ordinance, or
by the refusal of a surveyor to give the said declara
tion ; or
(b .) By the refusal of a certificate of clearance for an emigrant
ship under the " Chinese Passengers ' Act, 1855 , or the
Ordinances relating thereto ;" or
(c. ) By the refusal of a certificate of clearance under this
Ordinance ,
the owner, charterer, master , or agent may appeal in the prescribed
manner to the Court of survey. The Court may make such order with
1501 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
respect to the costs of any such investigation as they think fit, and such
costs shall be paid accordingly , and shall be recoverable in the same
inanner as costs in summary proceedings before any Police Magistrate.
2. On such appeal , the Court of survey shall report to the Governor
on the question raised by the appeal , and the Governor, when satisfied
that the requirements of the report and the provisions of the enactments
have been complied with, may give the certificates required.
3. Subject to any order made by the Court, the costs of and inci
dental to an appeal under this section shall follow the event.
4. Subject as aforesaid , the provisions of this Ordinance with respect
to the Court of survey and appeals thereto , so far as consistent with the
tenour thereof shall apply to the Court of survey when sitting under
this section , and to appeals under this section .
5. Where the survey of a ship is made for the purpose of a declara
tion or certificate under the said enactments , the person appointed to
make the survey shall , if so required by the owner, charterer, or agent ,
be accompanied on the survey by some competent person appointed by
the owner, charterer, or agent, to be approved by the Governor , and in
such case, if the said two persons agree, there shall be no appeal to the
Court of survey in pursuance of this section.
CHAPTER IV .
BOARD OF EXAMINERS .
[M. S. A. 1854, 15. Examinations shall be instituted for persons who intend to
sec. 131. ]
become masters , engineers , or mates of foreign going ships , or who wish to
procure certificates of competency hereinafter mentioned .
[M. S. A. 1854, 2. The Governor in Council may, from time to time, lay down rules
sec. 132. ]
as to the conduct of such examinations, and as to the qualifications of the
applicants , and such rules shall be strictly adhered to by all examiners .
Applicant to 3. Whenever any person shall be desirous to obtain a certificate of
give notice to
Harbour competency as master, first, second, or only mate, or engineer in the
Master.
[ See Ordi mercantile marine, he shall give notice in writing to that effect to the
nance 17 of
1860. ] Harbour Master, who shall forward the same to the Governor.
Board of 4. It shall thereupon be lawful for the Governor to constitute and
Examiners to
be appointed. appoint a board of examiners to inquire into the competency of such
ORDINANCE No. 8 OF 1879. 1505
Merchant Shipping.
Constitution
applicant, and such board shall consist of three members , one of whom of Board.
shall be the Harbour Master, and the remaining two shall be either or
both Commissioned Officers in the Royal Navy , or Masters , or duly quali
fied engineers in the mercantile marine.
5. Upon such appointment being notified to the Harbour Master, he
Harbour Mas
ter to summon
shall summon the other members of the said board to attend at the Harbour board and
notify appli
Master's office for the purpose of examining the said applicant, at a day cant.
and at an hour to be named in such summons, ( such day not to be more
than seven days after the date of such summons ) ; and shall also notify
the applicant to attend accordingly.
6. Every applicant for a certificate of competency shall, upon lodging Fee tobe paid
by applicant.
his application , pay to the Harbour Master a fee, if for a master's or first
class engineer's certificate, of twenty dollars, and if for any other certifi
cate , of ten dollars .
7. Every member of the board , except the Harbour Master, shall be Fees to
members of
entitled to receive from the funds of the Colony a fee of five dollars for board.
the examination of each applicant.
8. Any applicant who shall have passed a satisfactory examination , Certificate to
be given to
and shall have given satisfactory evidence of his sobriety, experience and successful
" candidates.
general good conduct on board ship , shall be entitled to receive a certifi
cate of competency signed [ by the members ofthe board : repealed by Ordi
nance No. 14 of 1884, and the following words substituted " Governor,
upon the recommendation of the Board "] to the effect that he is competent
to act as master, ás first, second or only mate, or as first or second
ngineer.
9. The result of every such examination shall be reported to the Report of
result of exa
mination to
Board of Trade by the Harbour Master. [ Repealed by Ordinance No. 14 be made to
of 1884. ] Board of
Trade.
CHAPTER V. [Ordinance
17 of 1860,
see. 6. ]
SHIPPING AND DISCHARGE OF SEAMEN .
16. The name of a master, first, only or second mate , or first or second Masters,
mates and
engineer shall not be attached to the register, or articles of agreement, of engineers to
possess cer
any British or Colonial ship , unless such master, mate, or engineer shall tificates.
[Ordinance L
Possess a certificate of service or competency issued by the Board of Trade of 1862,
sec. 5.]
or by the proper authority in any British possession .
1506 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
No British or
Colonial ship 2. No British or Colonial ship shall leave the waters of the Colony
to proceed to unless the master thereof, and the first and second or only mate have
sea without
certificate of obtained and possess valid certificates of competency or service appro
the master
and mate. priate to their several stations in such ship , or of a higher grade , and no
[ See M. S. A.
1854, sec . such ship if of one hundred tons burden or upwards , shall leave the waters
136. ]
as aforesaid, unless at least one officer, besides the master, has obtained ,
and possesses a valid certificate appropriate to the grade of only mate
therein , or to a higher grade.
Steam-ships 3. Every British steam -ship , or steam- ship registered under section
to carry cer
tificated 3 of part I of this Ordinance of one hundred nominal horse power or
engineers.
[See M. S. A upwards, leaving the waters of the Colony shall have as its first and
1862. sec . 5. ] second engineers , two certificated engineers , the first possessing a 66 first
class engineer's certificate, " and the second possessing a " second class
engineer's certificate," or a certificate of the higher grade, and every
British steam-ship, or steam- ship registered as aforesaid of less than one
hundred nominal horse power shall have as its only or first engineer, an
engineer possessing a " second class engineer's certificate " or a certificate
of the higher grade.
[M. S. A. 4. Every person who having been engaged in any of the capacities
1854, section
136. mentioned in subsections 2 and 3 in any such ship as aforesaid goes to
M. S. A. 1862,
section 5. ] sea in that capacity without being at the time entitled to, and possessed
of such certificate as is required by this section , and every person who
employs any person in any of the above capacities in such ship without
ascertaining that he is at the time entitled to , or possessed of such certi
ficate as is required by this section , shall , for each such offence, incur a
penalty not exceeding two hundred and fifty dollars .
Shipping of 5. No seaman shall, except with the Harbour Master's sanction , be
seamen.
[Ordinance 6 shipped to do duty on board any merchant ship whatever elsewhere than
of 1832.
secc.. 5. ] at the office of the Harbour Master, who shall charge for every seaman
shipped , a fee of one dollar, such fee to be paid, in the first instance, by
the master of the ship shipping such seaman ; and such master shall
deduct the same from the wages of the seaman shipped ; and the Harbour
Master shall require such seaman to lodge with him his certificate of
discharge from the last ship, and failing the production of such certificate ,
such seaman shall be bound to give satisfactory explanation to the Harbour
Master of the cause of the non -production thereof. The above mentioned
fee shall be accounted for by the Harbour Master to the Treasury.
ORDINANCE No. 8 OF 1879 . 1507
Merchant Shipping.
6. Whenever any seaman shall be discharged from any ship within Master shall
give to seaman
the Colony, the master of such ship shall give at the time of such discharge discharged in
Colony certi
to such seaman a written certificate of discharge , specifying the time and ficate of dis
charge, and,
nature of service, and the time of discharge of such seaman , signed by if required, an
i
account of
himself; and if such seaman require it, shall further give him, within wages.
[Ordinance 6
twenty - four hours after demand , a true account in writing of the wages of 1852,
sec. 2. ]
of such seaman , and of all deductions therefrom.
7. No seaman shall be discharged from an English [ " a British " as As to the dis
charge of
amended by Ordinance No. 3 of 1880] ship, or any foreign ship whose seamen.
[Ibid, sec, 5. ]
flag is not represented by a Consular officer resident in the Colony, else
where than at the Harbour Master's office, and every seaman discharged
from a foreign ship so represented , shall, within twenty-four hours of
being discharged at the office of his Consul or Vice- Consul , produce to
the Harbour Master, or some person deputed by him, a certificate of his
discharge, signed by such Consul or Vice- Consul, under a penalty not
exceeding twenty-five dollars, in default imprisonment not exceeding
twenty-one days .
8. No master of any ship shall discharge or force therefrom , or wilfully Seamen to be
discharged
or negligently leave behind him , in this Colony, under a penalty not ex only by per
mission of
ceeding twenty- five dollars , any seaman shipped on board thereof, unless Harbour
Master, or
on a certificate from the Harbour Master or his deputy, or from the Consul Consul or
Vice-Consul.
or Vice- Consul, if any , representing the nation to which the ship belongs ; [Ordinance
No. 1 of 1862,
and the Harbour Master or his deputy, and the Consul or Vice - Consul sec. 8. ]
are empowered to withhold or grant his certificate upon such conditions
for the subsistence of the seaman as he shall think fit , and if any seaman .
shall wilfully or negligently remain in the Colony, after the departure of
the vessel in which he shall have shipped, such seaman shall , on con
viction, be subject to a penalty not exceeding twenty-five dollars, or be
imprisoned for a term not exceeding one month, with or without hard
labour .
CHAPTER VI.
BOARDING - HOUSES FOR SEAMEN.
17. The Harbour Master shall , with the consent of any Police Ma As to the
establishment
gistrate, have power to license a sufficient number of fit and proper persons and regula
tion of board
to keep boarding- houses for seamen , and every such licence shall be coun ing-houses.
[Ordinance
tersigned by the Colonial Secretary, and shall be granted for such period No. 6 of 1852.
sec. 6. ]
not exceeding one year, and upon such terms and security, and shall be
1508 ORDINANCE No. 8 CF 1879 .
Merchant Shipping.
renewable upon such conditions , as the Colonial Secretary may appoint ;
and it shall be lawful for the Colonial Secretary to demand for every such
licence an annual fee of twenty - five dollars, or at the rate thereof accord
ing to the term of such licence ; and every such house shall be for the
reception of such number of seamen only as shall be expressed in
the licence, and shall not be granted until there have been constructed
in the house to be licensed suitable rooms to be approved by the
Harbour Master ; and no such boarding-house shall be a house licen
sed for the sale of spirituous or fermented liquors, nor shall any
charge for spirituous or fermented liquor be allowed in any account
for the amount of which any seaman may be indebted , or stated to be in
debted, to any person, and such boarding-house shall not be a part of a
house, and shall be separated by at least one intervening house on
either side of it from any house licensed for such sale as aforesaid ;
and every
every such boarding- house shall be open at all times to the visit
of any Justice of the Peace, or of the Harbour Master, or of any ins
pector of Police. And the Harbour Master may refuse to grant any
such licence, and may limit the number and description of seamen to be
boarded in each house , and may make rules for the government of such
houses, and regulate the charge to be made for board and lodging ; and
a copy of such rules shall be hung up in each house for the inspection of
the inmates ; and the infraction of any one of such rules shall subject the
offender in every instance to a penalty not exceeding twenty- five dollars ,
and for a second offence may deprive the offender, if the keeper of such
house, of his licence as an additional punishment.
Penalty for 2. If any person not having obtained a licence for keeping a boarding
keeping an
unlicensed house for seamen shall keep one, he shall incur a penalty not exceeding
boarding
house. the sum of one hundred dollars ; and the fact of more than one seaman
Thid, sec. 7. boarding or lodging in the house of any person , shall be primâfacie proof
of the keeping of a boarding-house for seamen by such person ; but nothing
in this Ordinance contained shall be construed to prevent any seaman
from having the whole or any part of any unfurnished house for the
residence of himself, or his family, and boarding himself therein .
Duties of 3. Every keeper of a boarding- house for seamen shall cause daily to
boarding
house keepers be entered in a book in English, the name and description of each
with respect
to lists, additional seaman who has, on that day, come to board or lodge at his
returns, &c.,
&c. of their house, and the name of each seaman who has left his house on that day
inmates.
[ Ibid, sec. 8. ] after being a lodger or boarder therein , and such other particulars as the
ORDINANCE No. 8 OF 1879 . 1509
Merchant Shipping.
Harbour Master may direct ; and every keeper of a boarding- house shall ,
on the morning of Monday, in each week, send to the Harbour Master's
office a list, copied from his book, of the seamen on that day boarding or
lodging in his house, and of those seamen, boarders or lodgers, who left
his house on any or either of the intermediate days , and shall also par
ticularize in such list those seamen who wish for immediate employment ,
and place opposite to the names of those last named , the names of the
ships from which they were last discharged ; and the Harbour Master
shall keep the lists as furnished to him constantly in view, and in
a conspicuous part of his office, for the convenience of masters of ships
requiring men , and shall also post in a similar manner, if required so to
do, such notices for the supply of men by masters of ships as the said
masters shall furnish, and any infraction of this subsection shall render
the boarding- house keeper liable to a penalty not exceeding twenty -five
dollars .
4. Nothing in this section contained shall prevent masters , mates , or Masters,
mates and
engineers of ships from boarding or lodging elsewhere than at a licensed engineers
board and
boarding -house . lodge else
where, than in
such houses.
[Ibid, sec. 9.]
5. No seaman, who shall have been actually shipped by the Harbour No seaman
shipped under
Master, or his deputy , on board any vessel in compliance with this this Ordi
nance shall.
Ordinance, shall , during the time for which he is then shipped, be liable during the
term for
to be arrested on civil process, unless the debt or demand shall exceed which he is
shipped, be
the sum of five hundred dollars : Provided always, that by the term liableto arrest
on civil
seaman in this paragraph shall be meant only a person who has, within process, in
certain cases,
the space of six months previously , served on board a ship for wages
[Ibid, sec.
a seaman, and that the protection from arrest hereby granted shall not be 10. ]
held to extend to any person not coming within such definition , nor in
any case to masters , mates, or engineers .
6. Licences issued under this section shall be terminable on the 30th
November of each year .
CHAPTER VII.
HEALTH OF SEAMEN.
18. Every keeper of a licensed boarding -house for scamen , in the Keepers of
licensed
list of seamen resident in his house, which he is required to furnish to the boarding
houses for
Harbour Master, shall report as to the state of health of each seaman, so seamen to
1510 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
furnish far as he may be able to ascertain the same ; and every seaman who may
Harbour
Master with
be reported , or may be otherwise discovered , to be affected with a
weekly lists
of the seamen contagious disease, shall be removed by warrant under the hand of the
resident in
their houses , Harbour Master to a hospital, where he shall be kept until he be, by the
and report
their state of Visiting Surgeon thereof, discharged as cured , and shall have obtained from
health.
Diseased such Visiting Surgeon a certificate of his having been so discharged , which
seamen to be
removed to a certificate he shall produce and show to the Harbour Master when required
hospital.
[Ordinance so to do ; and the expenses which may be incurred in and about the
10 of 1867,
sec. 63. ] maintenance and treatment of any such seaman in such hospital, shall be
a debt due to the Crown, and shall be paid by such seaman ; or, in case
of the keeper of the boarding-house in which such seaman shall have
resided before his removal to hospital not having reported, or having
made a false report as to the state of health of such seaman , then such
expenses shall be paid by such boarding- house keeper; in case it shall
appear to, and be certified by, the Visiting Surgeon of the hospital to
which such seaman may be removed, that the disease with which he may
be affected is of such a nature as that the keeper of the boarding-house
could, with ordinary and reasonable observation , have ascertained its
existence ; and in all cases, such expenses shall, in case of non-payment,
be sued for and recovered by the Harbour Master on behalf of the hospital.
Penalty for 2. If any seaman affected with a contagious disease, and reported so
offering any
obstruction to to be by the keeper of the boarding-house in which such seaman may be
removal to
hospital. residing , shall refuse or offer any hindrance or obstruction to his removal
[Ibid, sec.
64. ] to a hospital ; or having been removed to a hospital , shall attempt to leave
the same before he shall be properly discharged cured ; or having been
discharged cured , shall refuse to produce his certificate of discharge when
required by the Harbour Master ; or being affected with a contagious disease,
shall neglect or refuse to inform the keeper of the boarding-house in which
-
he may be residing, then, and in every such case, such seaman so
offending shall incur a fine not exceeding twenty-five dollars , or
imprisonment with or without hard labour , for any term not exceeding
one month.
Masters of 3. The master of any merchant ship , before shipping any seaman ,
ships before
shipping may require that such seaman shall be inspected by the Colonial Surgeon ,
seamen may
require them by notice in writing to that effect, addressed to the Harbour Master or a
to undergo
medical Visiting Surgeon appointed in pursuance of this section , and the Colonial
inspection.
[Ibid, sec. Surgeon or such Visiting Surgeon upon such inspection shall give a
65. ]
certificate under his hand as to the state of health of such seaman, which
ORDINANCE No. 8 OF 1879 . 1511
Merchant Shipping.
certificate such seaman shall produce and show to the master of the ship
in which he may be about to serve ; and for every certificate, there shall
be paid the fee of fifty cents , to be paid by the master or agent of the ship
in case such seaman should prove to be in sound health, and by the
seaman himself, or the boarding-house keeper with whom he shall be
residing, in case he shall prove to be affected with any contagious disease.
CHAPTER VIII .
MEDICINES AND MEDICAL STORES.
19. This chapter applies to all British or Colonial ships , other than Application
of section.
those already provided with medicines and medical stores under the
provisions of " The Merchant Shipping Act, 1867 , " or of any legislative
enactment or regulations in force in any British possession , or holding
special exemption under the hand of the Governor.
2. The owners, agents, or master of every such ship navigating Ships to carry
medicines,
between this Colony and any place out of the same, shall cause to be kept medical
stores, &c. in
on board such ship a supply of medicines and medical stores in accordance accordance
with scale
with the scale appropriate to such ship as laid down in the published issued by
Board of
scales of medicines and medical stores issued by the Board of Trade, and Trade.
[See M. S. A.,
also a copy of the book or books issued by the said Board containing 1867, sec. 4. ]
instructions for dispensing the same pursuant to subsection 1 of section 4
of " The Merchant Shipping Act , 1867. ”
3. No lime or lemon juice shall be deemed fit and proper to be taken Health Officer
to approve of
on board any such ship for the use of the crew or passengers thereof, lime or lemon
juice.
unless the Health Officer has approved of the same ; nor unless the same
contains fifteen per centum of proper and palatable proof spirits to be
approved by the Health Officer , or by some person appointed by him for
that purpose , and to be added immediately before or immediately after the
inspection thereof; nor unless the same is packed in such bottles, at such
time and in such manner as the Health Officer may direct.
4. The master, owner, or agent of any such ship who shall wilfully Owners ne
glecting to
neglect or refuse to provide, pack, or keep on board such medicines , provide medi
cines and
medical stores, books of instructions, lime or lemon juice, sugar or anti medical stores
to be guilty
scorbutics as are by this section required , shall be guilty of a misdemea of misdemea
nor.
nor, and shall , upon summary conviction before any Stipendiary Magis -
trate, incur a penalty not exceeding five hundred dollars .
1512 ORDINANCE No. 8 of 1879 .
Merchant Shipping.
This section 5. The provisions of this section , so far as the same refer to lime,
to have the
same force as lemon juice and anti -scorbutics , shall have the same force and effect as
rules made.
[ M.S.A. 1867 , the regulations provided for by " The Merchant Shipping Act , 1867 ,"
Sec. 6.]
section 6.
CHAPTER IX.
DESERTION AND OTHER OFFENCES OF SEAMEN.
Seamen .
20. If any seaman belonging to the crew of any ship , British or
deserting
be apprehend foreign, shall desert therefrom , or otherwise abscond, or absent himself
ed and put on
board the from his duty while such ship or vessel is within the waters of the Colony,
vessels to
which they it shall and may be lawful for any Police officer, or for the master or
belong.
[Ordinance 4 person in charge of the ship , or for any one specially deputed by such
of 1850,
master or person in charge, to arrest such seaman without warrant and
sec. 1. ]
convey him before a Stipendiary Magistrate ; and in case such seaman
shall refuse to return to his duty on board the said ship , or shall not give
a sufficient reason for such refusal , the Stipendiary Magistrate may order
such seaman to be put forcibly on board the ship to which he may belong ,
Or may be or to be confined in any gaol or other place of security within the Colony ,
confined in
gaol. for any period until he can be put on board his ship at her departure
from the port, or until he shall be demanded by the master of the ship ,
or by the Consul of the country to which such ship may belong : Provided
always, that the said period of confinement shall not, in the absence of
such departure or demand , exceed three months.
Ships or 2. It shall be lawful for any Stipendiary Magistrate , upon complaint
houses may be
searched for of the master of such ship , to the effect that he has reasonable cause to
deserters from
ships. believe that any runaway seaman belonging to the crew of any such ship
[ hid, sec. 2. ]
is harboured , secreted , or concealed , or suspected to be harboured , secreted ,
or concealed on board any other ship, boat, or other vessel , or in any house
or place whatsoever, to issue a warrant directing a constable to search
such ship , boat , or other vessel , or such house or place , and such seaman
to lodge in any or the nearest Police Station ; and every such seaman
shall, with all convenient speed , be brought before a Stipendiary Magis
trate, to be dealt with as is hereinbefore directed with respect to seamen
apprehended for desertion , absconding, or absence from duty .
Penalty on 3. If any person whatsoever shall harbour, conceal , employ, or
persons har
bouring de retain , or assist in harbouring, concealing, employing, or retaining any
ORDINANCE No. 8 OF 1879 . 1513
Merchant Shipping .
seaman belonging to the crew of any ship , who shall have deserted there serters from
ship.
from , or otherwise absconded , or absented himself from duty, while such [Ibid, sec. 3.]
ship or vessel is within the waters of the Colony, knowing such seaman
to have deserted, absconded , or absented himself from duty, or shall
cause, induce, or persuade or endeavour to cause, induce, or persuade any
such seaman , in any manner whatsoever to violate, or to attempt or
endeavour to violate, any agreement which he may have entered into to
serve on board any such ship, or shall knowingly connive at the deser
tion , absconding, or absence from duty of any such seaman , such person
so offending shall, for every such offence, upon conviction thereof before
a Stipendiary Magistrate, incur a penalty not exceeding two hundred and
fifty dollars, or imprisonment with or without hard labour for any period
not exceeding six months.
4. The Harbour Master, or his deputy, before granting a port clear Harbour
Master or
ance to any ship, may, if he have reasonable grounds for belief that any deputy may
require, before
deserter from a merchant vessel be concealed on board of such ship, granting a
port clearance
proceed on board thereof and then and there require her master to insti to a ship, the
masterthereof
tute due and diligent search for such deserter, and further, if he deem it to search for
suspected de
necessary, require the master to make oath or solemn declaration that to serters, and to
make declara
the best of his knowledge and belief, after due and diligent search, no tion of such
search .
such deserter is concealed within or about his ship ; and any master of a Penalty for
ship refusing or unnecessarily delaying to comply with such requisition, notcomplyin
with such
shall incur upon conviction , a penalty not exceeding two hundred dollars, request.
[Ordinance 6
of 1852, sec.
and imprisonment until such fine be paid. 11. ]
5. Whenever any seaman engaged in any foreign ship commits any Offences of
foreign
of the following offences within the waters of the Colony, he shall be seamen,
[See M.S.A ..
liable to be punished summarily by a Stipendiary Magistrate as follows, 1854, sec.
that is to say: 243. ]
(a . ) For wilful disobedience to any lawful command , he shall Act of disobe
dience.
be liable to imprisonment for any period not exceeding
four weeks , with or without hard labour, and also , at
the discretion of the Court, to forfeit , out of his wages,
a sum not exceeding two days' pay ;
(b. ) For continued wilful disobedience to lawful commands, Continued
disobedience.
or continued wilful neglect of duty , he shall be liable to
imprisonment for any period not exceeding twelve weeks ,
with or without hard labour, and also, at the discretion