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
.
1514 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
of the Court, to forfeit, for every twenty-four hours'
continuance of such disobedience or neglect either a sum
not exceeding six days ' pay, or any expenses which
have been incurred in hiring a substitute ;
Combining to (c. ) For combining with any other or others of the crew to
disobey.
disobey lawful commands , or to neglect duty, or to
impede the navigation of the ship, or the progress of the
voyage, he shall be liable to imprisonment for any period
not exceeding twelve weeks, with or without hard labour :
Provided that when there is a Consul, Vice - Consul , or Consular agent
resident at Hongkong of the nation to which the ship belongs , the Court
shall not deal with the case unless thereto requested by such officer in
writing.
Expenses by 6. All expenses incidental to the apprehension , confinement, and
whom pay
able. [Ordi removal of any seaman , under this section , shall be paid by the master
nance 4 of
* of the ship to which such seaman may belong, and be recoverable from
him at the suit of the Captain Superintendent of Police , as a debt due to
the Government of this Colony ; and the subsistence money for every
such seaman confined in gaol shall be paid in advance to the keeper of the
gaol, and in default of such payment , the gaoler may release such seaman :
Provided that every seaman imprisoned under this chapter may be sent
on board his ship prior to her departure from the waters of the Colony
by direction of the committing Magistrate.
Report ofdeath, desertion , &c.
Deaths, deser 21. In the event of the death of any of the passengers , or other
tions, or re
movals of persons, occurring on board of any merchant vessel in the waters of the
seamen, &c. to
be reported . Colony, or in case of the death , desertion or removal of any of the crew,
[Ordinance 1
of 1862, sec. the master of such vessel shall forthwith report the same to the Harbour
7.]
Master, under a penalty not exceeding twenty -five dollars for every death ,
desertion, or removal which he shall neglect to report .
Penalties for forgery, &c.
Penalties for 22. Any seaman , or other person , who shall give a false description
forging of do
cuments, and of his services, or show, or make, or procure to be made , any false cha
for false de
scriptions and racter , or shall make false statements as to the name of the last ship in
statements.
[ Ordinance which he served , or as to any other information which may be required
No. 6 of 1852,
sec. 12. ] of him by any person having lawful authority to demand such informa -
tion , shall incur a penalty not exceeding fifty dollars.
ORDINANCE No. 8 OF 1879 . 1515
Merchant Shipping.
CHAPTER X.
DISTRESSED SEAMEN .
23. All expenses which shall be incurred under the provisions of
men belong
" The Merchant Shipping Act, 1854 ," in the relief of distressed British ing to vessels
registered in
seamen who at the time of such relief being granted shall have last served this Colony.
[Ordinance 5
in a British ship registered in this Colony, and all expenses incurred in of 1869, sec.
1.]
the United Kingdom in the relief and returning to this Colony all dis
tressed seamen who last served in such a ship, shall be borne by the
revenue of this Colony .
2. It shall be lawful for the Governor, from time to time, to order Governor may
order pay
the payment, out of any monies forming part of, or arising from , the ment of ex
penses incur
general revenue of the Colony, of all expenses which may be incurred in red in the
Colony for
the Colony for the relief of such British seamen as aforesaid , under the relief of such
seamen out of
provisions of the said Act or of any regulations in that behalf which may monies form
ing part of
be made, from time to time , by the Governor in Council. general
revenue.
[Ordinance 5
of 1869, s. 2. ]
3. It shall be lawful for the Governor, from time to time, to order Governor
may order
the re-payment out of any such monies as aforesaid , of all sums which re-payment
of expenses
shall have been expended under the provisions of the said Act by the incurred
elsewherethan
Imperial Government, or by the " Shipwrecked Mariners' Society " or by in the Colony
in respect of
the Government of any adjacent British Colony, or by any British such relief.
out of such
Consul, Vice- Consul, or Consular Agent in any neighbouring foreign monies as
aforesaid.
country, in and about the relief of such British seamen as aforesaid , and [Ordinance
such sums shall be refunded in such manner as the Governor shall think 5 of 1869.
sec. 3. ]
fit , or as Her Majesty's Principal Secretary of State for the Colonies for
the time being may direct .
PART II.
REGULATION AND CONTROL OF THE WATERS OF THE COLONY
AND OF VESSELS NAVIGATING THE SAME .
CHAPTER I.
REGULATIONS.
Duties of Master.
24. Every master of a merchant ship shall hoist her national Ships to hoist
their num
colours and number on entering the waters of the Colony ; and shall bers .
[Ordinance
keep such number flying until the ship shall have been reported at the of 1862
Harbour Master's office . sec. 3. ] ,
1516 ORDINANCE No. 8 of 1879 .
Merchant Shipping.
Ships to be 2. Every such master shall, within twenty-four hours after arrival
reported
within 24 within the waters of this Colony, report the arrival of his ship at the
hours.
Ibid , sec. 4. ] Harbour Master's office, and in the case of a British ship , or of a ship
which shall not be represented by a Consul, shall deposit there the ship's
articles , list of passengers , ship's register, and true copy of manifest if
required . In the case of a foreign ship represented by a Consul, the
said papers shall be lodged by the master at the proper consulate . Any
master offending against the provisions of this subsection , shall incur a
penalty not exceeding two hundred dollars.
Ships to be 3. Every such master arriving in the waters of the Colony shall
moored where
ordered by take up the berth pointed out by the Harbour Master , or by any person
the Harbour
Master, and sent on board by him for that purpose, and shall moor his ship there
not removed
therefrom properly, and shall not remove from it to take up any other berth ,
without
permission. without his permission , except in case of necessity, to be decided by the
Ibid, sec. 9. ] Harbour Master, under a penalty not exceeding one hundred dollars ;
and he shall remove his vessel to any new berth when required so to do
by the Harbour Master , under a fine not exceeding twenty dollars for
every hour that the vessel shall remain in her old berth, after notice to
remove under the hand of the Harbour Master, or his deputy, shall have
been given on board of her.
All orders by 4. Every such master shall immediately strike spars , clear hawse ,
the Harbour
Master to be or shift berth, or obey any other order which the Harbour Master may
obeyed.
[Ibid, sec. 10. ] think fit to give, and any master wilfully disobeying or neglecting this
regulation , shall incur a penalty not exceeding two hundred dollars .
Blue peter to 5. Every such master about to proceed to sea shall hoist a blue
be hoisted
and port peter twenty-four hours before time of intended departure, and shall give
clearance to
be obtained notice thereof to the Harbour Master who, if there is no reasonable
before depar
ture. objection , will furnish a port clearance, and attest the manifest , if
[Ibid, sec.
11.j necessary ; and any master having obtained such clearance and not
sailing within thirty- six hours thereafter shall report to the Harbour
Master his reason for not sailing, and shall re-deposit the ship's papers
if required. Any master wilfully neglecting or disobeying this regula
tion , or going to sea without having obtained a port clearance, shall
incur a penalty not exceeding fifty dollars.
Quarantine.
The Governor 25. Whenever the Governor in Council has reasonable cause for believing that
in Conncil may
make regulations
in respect of any country or place [ Amended by Ordinance No. 16 of 1882] is infected with any
ORDINANCE No. 8 of 1879 . 1517
Merchant Shipping.
infectious or contagious disease, he may make such regulations concerning vessels vessels arriving
from infected
arriving from such country or place as he thinks necessary for preserving the public places.
health of the Colony.
2. Every commanding officer of any ship-of-war, or master of a merchant ship of Ships arriving
having conta
gious diseases
whatsoever nation who may arrive in the waters of the Colony having small - pox or on board to
report the same.
any other disease of a contagious or infectious nature on board, shall hoist the proper [Ibid, see. 16.]
quarantine flag , and shall hold no communication with any other vessel or boat, or
with the shore, until permission be given by the Harbour Master ; and the boarding
officer on nearing such ship shall be informed of the nature of such disease. Any
person offending against any of the provisions of this subsection shall incur a penalty
not exceeding two hundred dollars for each offence.
3. Every such commanding officer of a snip - of-war, or master of a merchant ship , Ships to remove
when ordered .
having any such disease on board shall forthwith remove his ship to any berth which [Ibid, sec. 17.]
shall be pointed out by the Harbour Master, and there remain and keep the quarantine
flag flying until a clean bill of health shall be granted by the Colonial Surgeon ; and
shall afford free access and render every assistance to the Colonial Surgeon or other
rson
officer of health who may be directed by the Governor to visit such ship. Any perso
offending against the provisions of this subsection shall incur a penalty not exceeding
two hundred dollars for each offence.
4. Every such commanding officer of a ship- of- war, or master of a merchant ship, Ships arriving
from port where
contagious
in all cases where such ship has last touched or stayed at any port or place immediately disease is pre
valent to report
preceding such ship's arrival in the waters of the Colony, and any contagious or same.
infectious disease has, to such commanding officer's or master's knowledge, been
prevalent at such port or place at the time of his so touching or staying there, shall
report the prevalence of such disease to any Health Officer of the port upon being
boarded by such officer and in default of so reporting the same shall incur a penalty
not exceeding two hundred dollars.
The Governor
5. The Governor in Council may , from time totime, make such regulations concer in Council may
ma regulations
ning vessels arriving in the waters of the Colony with any infectious or contagious concerning ves
sels arriving with
disease on board as he thinks necessary for preserving the public health of the Colony . disease on board.
6. All regulations made under this section shall be published in the Government Regulations to
have the force
Gazette, and when so published shall have the force of law, and any person offending oflaw when
published in the
Gazette.
against any such regulation shall, on conviction by two Stipendiary Magistrates Penalties.
sitting together, incur a penalty not exceeding two thousand dollars, or imprisonment
with or without hard labour for any period not exceeding twelve months, or, at the
discretion of the Court, both penalty and imprisonment as aforesaid. [ Amended by
Ordinance No. 16 of 1882.] .
[ The whole section repealed by Ordinance No. 9 of 1883. ]
Steamers' fairway.
26. No vessel or boat of any description shall be allowed to anchor Steamers'
fairway to be
kept clear.
within any fairway, which shall be set apart by the Harbour Master for
[Ibid, sec.
the passage of vessels , and the master, or other person in charge of any 18. ]
1518 ORDINANCE No. 8 or 1879.
Merchant Shipping.
vessel or boat dropping anchor in , or otherwise obstructing such fairway
shall for each offence incur a penalty not exceeding fifty dollars, and in
default thereof, imprisonment with or without hard labour not exceeding
three months.
Regulations concerning the safety of ships and
prevention of accidents .
Vessels to
27. Every master of a ship, hulk, or other vessel , not being a boat
exhibit light
at night. propelled by oars, being at anchor in the waters of this Colony shall ,
[Ibid, sec.
20. ] from sunset to sunrise , cause to be exhibited a bright white light [from
the starboard foreyard arm, or : repealed by Ordinance No. 3 of 1880 ] at
the place where it can be best seen , [ Amended by Ordinance No. 3 of
1880] and in default, shall incur a penalty not exceeding one hundred
dollars.
Precaution 2. In case of fire occurring on board any ship or vessel in the waters
to be taken
in case of fire. of the Colony , if at night three lights shall be hoisted in a vertical position
[Ibid, sec.
21.] at the highest masthead, and a single light at the peak, and guns shall be
fired in quick succession until sufficient assistance shall be rendered ; if
during the day the ensign Union down with the signal NM " I am on fire "
shall be hoisted at the highest masthead and guns fired as above provided
for night time.
Precaution 3. If on board any ship or vessel in the waters of the Colony a
to be taken
in case of disturbance or riot shall occur which the master or his officers are unable
mutiny.
[Ibid, sec. to quell, if by day the ensign Union down shall be hoisted at the peak
22.]
and the signal PC " want assistance ; mutiny " shall be hoisted at the
highest masthead or wherever practicable under the circumstances ; guns
may also be fired as in subsection 2 ; if by night three lights shall be
hoisted at the peak and a single light at the masthead, and guns may
also be fired as before stated.
Governor in 4. It shall be lawful for the Governor in Council to make and publish
Council may
make rules to rules , and from time to time to vary the same, concerning the lights or
prevent acci
dents in the signals to be carried , and concerning the steps for avoiding collision to
harbour.
be taken by all ships , boats, or vessels , while navigating the waters of
the Colony : Provided always that the same shall not be inconsistent
with, or be deemed to affect the regulations for the time being in force
issued by Her Majesty by Order in Council, under the provisions of section
25 of " The Merchant Shipping Act Amendment Act, 1862."
ORDINANCE No. 8 OF 1879. 1519
Merchant Shipping.
Offences in the waters ofthe Colony.
No. 8 of
[ See also " The Dangerous Goods Ordinance, 1873 ," 1873.]
and Regulations . ]
28. Every person who within the Colony or the waters thereof shall Prohibiting
offences in thə
commit any of the following offences, shall incur a penalty of not more harbour of
Hongkong.
than fifty dollars , or imprisonment for any term not exceeding three Ordinance
14 of 1845.
months, with or without hard labour . sec. 6. ]
(a. ) Every person who shall unlawfully cut, damage, or destroy
furniture of
any of the ropes , cables, cordage, tackle, headfasts , or ship.
other furniture of or belonging to any ship, boat , or
vessel lying in the harbour or waters aforesaid , with
intent to steal or otherwise unlawfully obtain the same
or any part thereof.
(b. ) Every person who for the purpose of preventing the seizure Throwing into
water goods
or discovery of any materials, furniture, stores , or unlawfully
obtained .
merchandise belonging to or having been part of the
cargo of any ship, boat, or vessel lying in the waters
aforesaid, or of any other articles unlawfully obtained
from any such ship or vessel , shall wilfully let fall or
throw into the waters aforesaid , or in any other manner
convey away from any ship , boat, or vessel, wharf, quay,
or landing place, any such article, or who shall be
accessory to any such offence ; and it shall be lawful for
any constable to take any such offender into custody and
to seize and detain any boat in which such person shall
be found, or out of which any article shall be so let fall ,
thrown, or conveyed away.
(c. ) Every owner, or headman, or other person in charge of Mooring of
boats.
any boat which shall be found alongside of any public [ Ibid, sec. 3.
sub-secs.
wharf or landing-place ( unless while taking on board or 8 & 9. ]
landing passengers or cargo) , or lying off the same so
as to prevent the free access of other boats thereto , and
the owner, headman , or other person in charge of any
boat which shall be moored or at anchor at a distance
of less than one hundred yards from low water mark of
such part of the Colony as may be declared by regulation ,
1520 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
between the hours of nine o'clock at night and gunfire
in the morning, and no owner of any boat plying for
hire shall be permitted to receive or land passengers
after 8 P.M. , except at such wharf or wharves as may be
from time to time specified by the Governor in Council :
Provided always , that nothing herein contained shall be
construed to extend to any boat moored or at anchor
alongside of any private wharf with the consent ofthe
owner thereof.
Obstruction (d. ) Every person who shall cast or throw any dead body,
of harbour
by rubbish, ballast, rubbish, or other substance , either from shore or
&e.
from any vessel, into the waters of the Colony , or shall
neglect within a reasonable time to remove any sunken
vessel or other obstruction in the said harbour belonging
to him or in his charge or keeping.
(e. ) Every person who not being in Her Majesty's service and
not being duly authorised by law for the purpose , goes
on board any ship within the waters of the Colony,
without the permission of the master or officer in charge ;
and the master or person in charge of such ship may take
any such person so going on board as aforesaid into
custody and deliver him up forthwith to any constable
to be dealt with according to law.
(f. ) Every person not being in Her Majesty's service who shall
make fast to or cause to be made fast to a ship under
way within the waters of this Colony, any boat, junk or
other vessel, without the sanction of the master or officer
in charge of such ship .
Fire-arm- not 2. Except as is hereinbefore directed by subsections 2 and 3 of
to be used ex
cept in certain section 27 , or under the sanction of the Harbour Master, no cannon , gun ,
cases.
Ordinance I ' or fire-arm of any description shall be discharged within such portions of
of1862, s. 11.]
the waters of the Colony as the Governor may, from time to time, by
regulations prescribe, from any merchant vessel or boat, under a penalty
not exceeding two hundred dollars .
Removal of obstructions .
Harbour Mas 29. The Harbour Master may, by written notice, require any person
ter may re
move obstruc to remove within a reasonable time to be specified in such notice , any
tions, &c.
obstruction in the waters of the Colony, caused by such person or
ORDINANCE No. 8 OF 1879 . 1521
Merchant Shipping.
[See Ordi
belonging to him or in his charge or keeping ; and if such person fail to nance 14 of
remove the obstruction within the specified time, the Harbour Master shall 1815, sec. 37. ]
cause the obstruction to be removed, and may recover the expenses of
removal from the person named in the notice.
Moorings.
30. No person shall place moorings in the waters of the Colony Harbour Mas
ter may per
except with the sanction of the Harbour Master, and such moorings shall mit moorings
to be laid
be of such nature as the Harbour Master shall approve ; and the Harbour down.
Master may, upon giving such sanction, attach such conditions to the use
and employment of such moorings as he shall think fit.
Powers of Police.
31. The Captain Superintendent or other Superintendent, or any Superintend
ents and in
inspector of the Police force shall have power, by virtue of his office , to spectors may
board vessels.
enter at all times, with such constables as he shall think necessary, as [Ordinance 14
of 1845 ,
well by night as by day, into and upon every ship , boat , or other vessel sec. 7. ]
( not being a ship of war or vessel having the status of a ship of war )
lying in the waters of the Colony, and into every part of such vessel , for
the purpose of inspection and upon occasion directing the conduct of any
constable who may be stationed on board of any such vessel, and of
inspecting and observing the conduct of all other persons who shall be
employed on board of any such vessel in or about the lading or unlading
thereof, as the case may be, and for the purpose of taking all such
measures as may be necessary for providing against fire or other accidents ,
and preserving peace and good order on board of any such vessel , and
for the effectual prevention or detection of any felonies or misdemeanors .
2. It shall be lawful for the Captain Superintendent or other Super Superintend
ent, &c. hay
intendent, or any inspector, or sergeant belonging to the Police force , ing just cause
having just cause to suspect that any felony has been or is about to be tosuspect
felony, may
enter on board
committed in or on board of any ship , boat, or other vessel ( except ships vessels and
take up sus
of war or vessels having the status of ships of war ) lying in the waters pected per
sons.
of the Colony, to enter at all times, as well by night as by day , into and { Ibid, sec. S.]
upon every such ship, boat, or other vessel, and therein to take all
necessary measures for the effectual prevention or detection of all felonies
which he has just cause to suspect to have been , or about to be committed
in or upon the harbour or waters of the Colony , and to take into custody
all
persons suspected of being concerned in such felonies , and also to
take charge of all property so suspected to be stolen .
1322 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Powers of Magistrates .
Any breach of 32. Where no penalty is specially attached by this chapter to the
this chapter
punishable by breach or infringement of any provision herein contained, the same shall
fine, &c.
[Ordinance be punishable by a penalty not exceeding twenty-five dollars , and in
I of 1862,
see. 29. ] default of payment thereof, imprisonment with or without hard labour
not exceeding one month.
CHAPTER II .
LIGHTHOUSES, BUOYS , OR BEACons .
"7
Interpreta 33. In the construction of this chapter, the term " lighthouses '
tion clause.
[Ordinance shall , in addition to the ordinary meaning of the word , include lightships
17 of 1873,
sec. 2. ] and all floating and other lights exhibited for the guidance of ships ; and
the terms " buoys and beacons ” shall include all other marks and signs
of the sea.
Po ver to erect 2. It shall be lawful for the Governor to erect and maintain within
lighthouses,
&c. the Colony such lighthouses, buoys, or beacons as the Governor in
Ibid, sec. 3. ]
Council shall think necessary to be exhibited for the guidance of ships .
Power to 3. It shall be lawful for the Governor, from time to time, with the
raise neces
sary funds by assent of the Legislative Council, to raise by way of public loan, upon
public loan.
Ibid, sec. 4.] the security of the general revenues of the Colony, such sums of money
as may be necessary for the purposes aforesaid , and every loan so raised
shall be a charge upon the said Colonial revenue.
Powerto 4. It shall be lawful for the Governor, in the meanwhile, with such
advance
funds out of assent as aforesaid , to order the payment, by way of temporary advance,
the Colonial
Treasury . out of any monies for the time being in the Colonial Treasury, of such
[Ibid, sec. 5.]
sums of money arising from the general revenues of the Colony, as may
be required for the purposes aforesaid : Provided always that all sums of
money so advanced out of the general revenue of the Colony , shall be
repaid into the Treasury out of the sums which may be raised by way of
Joan under the provisions in that behalf hereinbefore contained .
[ The provisions of these sub-sections are extended to the Gap Rock
Lighthouse by Ordinance No. 35 of 1889. ]
Light Dues.
Light dues. 34. The owner or master of every ship which enters the waters of
[ Ibid, sec. 6.]
the Colony, shall pay such dues in respect of the said lighthouses , buoys ,
or beacons as may, from time to time, be fixed by order of the Governor
ORDINANCE No. 8 OF 1879 . 1523
Merchant Shipping.
in Council, to such officers as the Governor shall, from time to time,
appoint to collect the same, and the same shall be paid by such officers
into the Colonial Treasury .
2. All British and foreign ships of war shall be exempt from the Exemption of
men of war.
payment of light dues. [Ibid, sec. 7. ]
Governor to
3. It shall be lawful for the Governor, by Order in Council : allow certain
exemptions.
( a . ) To exempt any ships , or classes of ships , from such pay [ Ibid, sec. 8.]
ment, and to annex any terms or conditions to such exemp
tions ;
( b. ) To substitute any other dues , or classes of dues , whether
by way of annual payment or otherwise , in respect of any
ships, or classes of ships .
4. Tables of all light dues , and a copy of regulations for the time Tables oflight
dues to be
being in force in respect thereof, shall be posted up at the office of the exhibited at
Harbour
Harbour Master. Master's office.
[ See M. S. A.
1854 , sec .
399. ]
5. A receipt for light dues shall be given by the person appointed to Ship not to be
cleared with
collect the same to every person paying in the same , and the Harbour out produc
tion of receipt
Master shall not grant a clearance to any ship , unless the receipt for the for light dues.
[ See M. S. A.
same is produced to him . 1854, sec.
400.]
6. If the owner or master of any ship fails on demand of the author Power of
distress for
ised collector to pay the light dues in respect thereof, it shall be lawful light dues.
[M. S. A.
for such collector, in addition to any other remedy which he is entitled to sec. 401. ]
use, to enter upon such ship and distrain the goods , guns , tackle, or any
other things of or belonging to , or on board such ship , and to detain such
distress until the said light dues are paid ; and if payment of the same is
not made within the period of three days next ensuing such distress , he
may, at any time during the continuance of such non -payment, cause the
same to be appraised by two sufficient persons, and thereupon sell the
same, and apply the proceeds in payment of the light dues due, together
with reasonable expenses incurred by him under this section , paying the
surplus (if any ) on demand to the said owner or master.
7. In order to ascertain the burden of any ship liable to pay light Ship's burden
to be ascer
dues under this Chapter, the person authorised to collect such dues may tained by
measurement
require the owner, master , or other person in command of such ship , or in certain
cases.
any person having possession of the same , to produce the register of such
1524 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
ship for the inspection of such person , and , upon the refusal or neglect of
such owner or master to produce such register ; or to satisfy the person
authorised to collect such dues as to what is the true burden of the ship,
it shall be lawful for such person to cause such ship to be measured at
the expense of the master thereof, and such expense shall be recoverable
in the same manner as dues payable under this Chapter ; and such meas
urement shall be deemed to be the real burden of the ship , and may be
treated as such for all the purposes of this Chapter.
Penalties. 8. The master of any ship who shall attempt to depart from the
waters of this Colony without paying the light dues in accordance with
the provisions of this Chapter, or, who shall refuse to have his ship
measured to ascertain her burden in tons , or who shall obstruct any
person in the duties of his office , shall be subject to a penalty not ex
ceeding two hundred dollars.
[ The provisions of these sub-sections are extended to the Gap Rock
Lighthouse by Ordinance No. 35 of 1889. ]
Damage to lights, buoys and beacons.
Penalty for 35. If any person wilfully or negligently commits any of the
injuring
lights, &c. following offences , that is to say:
[ M. S. A.
1854, sec. (a.) Injures any lighthouse, or the lights exhibited therein, or
414. ]
any buoy or beacon ;
(b . ) Removes, alters, or destroys any lightship, buoy, or
beacon ;
( c. ) Rides by, makes fast to, runs foul of, any lightship , or
buoy ;
He shall, in addition to the expenses of making good any damage so
occasioned , incur a penalty not exceeding two hundred and fifty dollars .
Prevention offalse lights .
Harbour 36. Whenever any fire or light is burnt or exhibited at such place,
Master may
prohibit false or in such manner, as to be liable to be mistaken for a light proceeding
lights .
[ M. S. A. from a lighthouse, it shall be lawful for the Harbour Master to serve a
1854, sec.
415.] notice upon the owner of the place where the fire or light is burnt or
exhibited , or on the person having charge of such fire or light, either
personally, or by delivery at the place of abode of such owner or person ,
or by affixing the same in some conspicuous spot near to such fire or
light, and by such notice to direct such owner or person , within a reason
ORDINANCE No. 8 OF 1879 . 1525
Merchant Shipping.
able time to be therein specified , to take effectual means for the extin
guishing or effectually screening such existing light ; and for the
preventing for the future any similar fire or light, and any owner or
person disobeying such notice , shall be deemed guilty of a common
nuisance, and in addition to any other penalties or liabilities of any kind
thereby incurred, shall incur a penalty not exceeding five hundred dollars
or six months ' imprisonment with or without hard labour .
If not obeyed.
2. If any owner or person served with such notice , as aforesaid , he may abate
neglects for a period of twenty -four hours to extinguish or effectually
[ M. S. A.
screen, the light or fire therein mentioned , it shall be lawful for the 1854, sec.
416. ]
Harbour Master , by his servants or workmen , to enter into the place
wherein the same may be , and forthwith to extinguish such fire or light
doing no unnecessary damage ; and all expenses incurred by the Harbour
Master in such extinction , may be recovered from such person or owner
as aforesaid in the same way as penalties are hereby declared to be
recoverable.
CHAPTER III.
IMPORTATION AND STORAGE OF GUNPOwder.
[ See also "the Dangerous Goods Ordinance , 1873 , [No. S of
1873. ]
and regulations . ]
37. The Governor is hereby empowered to provide , at the expense Vessels and
buildings to
of the Colony , all necessary vessels and buildings for the storage of be provided
for storage of
gunpowder, and no gunpowder arriving in this Colony shall be stored in gunpowder.
[Ordinance
any other building or vessel except as provided by subsection 10 and 4 of 1867,
sec. 4. ]
subject to the observance of the rules and regulations to be made under
subsection 12 of this section.
2. Such vessels or buildings shall , for the purposes of this chapter , To be termed
Government
be termed a Government Depôt or Government Depôts for the storage of depôt
storagefor
ofthe
gunpowder, and shall be under the control and management ofthe Harbour gunpowder.
[Ibid, sec. 5. ]
Master, subject to such orders as may, from time to time, be received
from the Governor ; and such vessels or buildings shall be fitted and
manned in such manner as the Harbour Master, with the approval of the
Governor, shall deem expedient.
1526 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
Master of ves 3. The master of every vessel arriving in this Colony having on
sel having up
wards of two board thereof any quantity of gunpowder exceeding two hundred fbs .
hundred lbs.
of powder on shall , immediately upon the arrival thereof, and before the discharge from
board to fur
nish Harbour the ship of any of such gunpowder, furnish the Harbour Master with a
Master with
particulars copy of the manifest of such gunpowder, the marks of all the packages
immediately.
[Ibid, sec. 6.] wherein such gunpowder shall be contained, and the names of the con
signees of such gunpowder, if he shall know the same.
Master of such 4. The master of every such vessel as in the last preceding section
vessel to take
same to speci- mentioned shall as soon as possible take the same to the place which shall
fied place and
there remain be pointed out to him by the Harbour Master , or his deputy, and the said
until he have
permission to. vessel shall not be removed therefrom without the permission in writing
leave.
of the Harbour Master.
[Ibid, sec. 7. ]
Mode of pro 5. When any quantity of gunpowder exceeding two hundred lbs . is
ceeding when
gunpowder is about to be conveyed out of the Colony, the master of the vessel about to
to be export
ed. convey the same shall, on producing the written authority of the owners
[Ibid, sec. 8. ]
thereof or their agents receive from the Harbour Master a permit to take
on board the packages mentioned in such authority and the master of
such vessel shall thereupon move the same into such anchorage as the
Harbour Master may deem expedient , and from such anchorage the master
of such vessel shall not remove the same except for the purpose of proceed
ing on his voyage or for some other sufficient cause to be approved by
the Harbour Master .
Masters 6. The master of every vessel having on board more than two hundred
having more
than two tbs . of gunpowder, or whilst engaged in the transhipment of gunpowder,
hundred lbs.
of gunpowder shall exhibit a red flag at the highest masthead .
on board to
exhibit a flag,
also when
transhipping
the same.
[ Ibid, sec. 9. ]
No gun 7. It shall not be lawful for the master of any vessel to tranship any
powder to be
transhipped gunpowder between the hours of 6 P.M. and 6 A.M. , from October to
at night .
[Ibid , sec. March inclusive nor between the hours of 7 P.M. and 5 A.M. , from April
10. ]
to September inclusive , without the written permission of the Harbour
Master.
No vessel to 8. It shall not be lawful for the master of any vessel, without the
anchor within
five hundred written permission of the Harbour Master, to anchor such vessel within
yards of a
Government five hundred yards ofany Government Depôt for the storage of gunpowder.
Depôt for
storage of
gunpowder.
[Ibid, sec.
11. ]
ORDINANCE No. 8 OF 1879 . 1527
Merchant Shipping.
No master of
9. It shall not be lawful for the master of any vessel having on board a vessel
having more
gunpowder exceeding in quantity two hundred lbs. , to anchor nearer than than two
five hundred yards of any other vessel . hundred lbs.
of gunpowder
on board to
anchor within
five hundred
yards of any
other vessel.
Ibid , sec.
12.]
10. It shall not be lawful for any person, without the permission in No person to
keep in any
writing of the Governor , to keep for any time however short within any house, store.
&c. more than
house , store, godown , or other place on land , a larger quantity ofgunpowder fifteen lbs . of
gunpowder.
than fifteen lbs. [Ibid. see.
13. ]
11. It shall be lawful for any Justice of the Peace or Police officer Power to
Justices to
duly authorised by warrant to enter and if necessary to break into any issue warrant
to search.
house, store, godown, vessel, or place either on land or water within [Thid, see.
14.]
which such Justice of the Peace shall be credibly informed on oath, or
shall have reasonable grounds of his own knowledge to suspect and
believe that gunpowder is kept or carried or is on board of any vessel
contrary to the provisions of this chapter.
12. The Governor in Council is hereby empowered to make rules Governor in
Council
and regulations for the proper carrying out the provisions of this chapter, empowered
to frame rules
including the storage of gunpowder on land, or its carriage within the for carrying
out provisions
waters of the Colony , and to fix and vary, from time to time, the sums of chapterand
to fix charges.
chargeable for the storage of gunpowder as hereinbefore prescribed , and [ bid, sec.
16. ]
every violation or neglect of any such rules or regulations shall render
the party so offending liable to the penalties imposed by subsection 14 of
this section for offences against any provisions thereof.
13. The sums charged in respect of such storage shall be paid Sums how to
be paid and if
monthly by the party claiming to be entitled to such gunpowder, and in not paid how
to be recover
the event of the same not being paid within twenty-one days after the d
[Ibid, see.
same shall have become due and payable, it shall be lawful for the 17 ]
Governor to direct the said gunpowder to be sold in order to defray the
expense of storage, and the proceeds thereof after deducting all Govern
ment charges and the expenses of sale shall be paid to the party who
shall
prove himself entitled thereto to the satisfaction of the Governor.
14. Every person who shall violate or refuse , or fail to comply with Trial of offen
the ces under this
provisions of this chapter, shall incur a penalty not exceeding three chapter.
[Ibid, sec.
hundred dollars , or imprisonment for any period not exceeding six 18. ]
months .
1528 ORDINANCE No. 8 or 1879 .
Merchant Shipping.
Ships of war 15. Nothing in this chapter contained shall apply to Her Majesty's
and Govern
ment stores ships of war or to the ships of war of any foreign nation, or to hired
excepted .
Ibid, sec. armed vessels in Her Majesty's service or in the service of any foreign
19. ]
nation, or to any Government stores.
PART III .
REGULATION OF JUNKS AND SMALL BOATS .
CHAPTER I.
LICENSING OF JUNKS .
Interpreta 38. In the construction of this chapter the term " Junk " shall
tion of
terms : mean every sea - going Chinese or other vessel not coming within the
" Junk."
[Ordinance 6 provisions of section 24 of this Ordinance and not being a fishing boat or
of 1866 , sec.
2.1 vessel licensed under subsection 24 of this chapter.
.. Licensed The term " Licensed Junk " shall mean a junk, boat, or vessel ,
Junk."
licensed under subsection 21 to ply between the Colony and other ports .
" Master." The term " Master " of a junk shall include any person for the time
being in command or charge of the same.
Branch 2. Branch stations of the Harbour Master's office shall be maintained
stations of the
Harbour at such places in the Colony as the Governor may, from time to time ,
Master's
office. determine, which shall be under the superintendence and control of the
Ibid, sec. 4. ]
Harbour Master, and shall be called " Harbour Master's Stations ."
Anchorages 3. The Harbour Master shall, with the approval of the Governor ,
for junks.
[ Ibid ,sec. 5. ] appoint suitable anchorages for junks in the waters of the Colony to be
called " Anchorages for Junks ."
No unlicensed
4. No junks other than a licensed junk shall ( except from stress of
junk to
anchor
Colonial within weather ) anchor at any place within the waters of the Colony other than
waters except at an " anchorage for junks. "
at one of the
anchorages
for junks.
[ Ibid, sec. S. ]
Unlicensed
5. Every junk other than a licensed junk entering the waters of the
junks to
anchor in Colony shall immediately proceed to and take up its berth within the
specified
place. limits of one of the " anchorages for junks."
[ Ibid, sec. 9. ]
ORDINANCE No. 8 OF 1879. 1529
Merchant Shipping.
6. The master of every junk, whether licensed or not , shall, within Report of
arrival and
eighteen hours after arrival within the waters of the Colony , report such particulars to
be furnished.
arrival at the Harbour Master's office or at a " Harbour Master's Station ," [Ibid, sec.
11. ]
and shall, if a licensed junk, deposit the licence thereof, and if not a
licensed junk, furnish the particulars hereinafter mentioned , which shall
be entered in a register kept for the purpose, that is to say:——
(a . ) Name and capacity of junk ( in piculs).
(b. ) The name, address and description of the owner or owners
of such junk and of the master.
(c. ) The name, address and description of every consignee or
agent, if any, of the junk and cargo in the Colony.
(d. ) The description of the cargo on board , and number of the
crew.
(e . ) The place from which the junk sailed on her voyage to the
Colony, and the date of her departure from such place,
and of her arrival in the Colony.
(f.) Whether carrying any and what guns, arms and ammuni
tion.
7. Upon compliance with the provisions of the last subsection , the Anchorage
pass.
anchoragebid, sec.
master of every junk shall receive a permit to be called an " anchorage
12. ]
pass, " and shall forthwith pay such fee for the same as is hereinafter
mentioned, and in default thereof shall incur a penalty not exceeding ten
dollars .
8. No licensed junk shall leave the waters of the Colony, and no Junks not to
remove from
other junk shall leave any anchorage for junks without a clearance or a anchorage
without clear
special permit, unless the safety of the vessel ( through stress of weather) anceorspecial
permit.
shall render it necessary, and in such case, she shall return to her former [Ibid, sec.
13. ]
anchorage when such necessity for leaving it shall have ceased.
9. No junk, whether licensed or not , shall leave her anchorage No junk
leave to
at night.
between the hours of 6 P.M. and 6 A.M. from October to March inclusive, hid, sec.
14.]
nor between the hours of 7 P.M. and 5 A.M. from April to September
inclusive, without a special permit or a special clearance to be called a
" night clearance ."
1530 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Flag to be
hoisted before 10. The master of every junk, whether licensed or not , about to
departure. leave her anchorage, shall, eighteen hours before the time of the intended
(Ibid , see.
15. ] departure of such junk, hoist at the highest mast -head such flag or signal
as shall, from time to time, be specified by the Harbour Master, and also
shall give notice of such intended departure and the nature of the proposed
voyage, together with the general character of cargo, and particulars of
any arms, ammunition and other such articles on board at the Harbour
Master's office or station , as the case may be, at which the anchorage pass
of such junk shall have been granted , and he will thereupon be furnished
with a clearance in exchange for the anchorage pass of such junk, and if a
licensed junk, the licence thereof will be returned to him : Provided
always that in case such junk shall not leave her anchorage within twenty
four hours thereafter, the master shall report the same at the Harbour
Master's office or station , as the case may be, and the reason thereof, and
shall, if so required to do, return the said clearance, and if a licensed junk ,
also re-deposit the licence thereof.
** Special 11. The Harbour Master or the officer for the time being in charge
permit."
Ibid , see, of any Harbour Master's station may, from time to time, grant to any
14. ]
master of a junk a permit to be called a " special permit, " which shall be
a sufficient warrant or authority for the doing of any act mentioned in
such permit.
Penalty for 12. Every master of a junk who shall violate or refuse or fail to
infraction of
Subsections comply with the provisions of subsections 4 and 5 , shall incur a penalty
4 and 5.
{Ibid, sec. not exceeding one hundred dollars, or imprisonment with or without hard
17.]
labour for any period not exceeding six calendar months .
Penalty for 13. Every master of a junk who shall refuse or fail to comply with
infraction of
subsection 6.
the provisions of subsections 6 and 10, or shall knowingly give untrue
\ Ibid, see,
אן.ן particulars concerning the information which he is thereby required to
furnish, shall incur a penalty not exceeding two hundred dollars , or
imprisonment with or without hard labour for any period not exceeding
six months, and it shall be lawful for the Governor , if he shall think fit ,
by warrant under his hand to order that any junk whereof the master
has refused or failed to comply with the provisions of the said subsections ,
and whether such master shall have been brought to trial and punished
or not, shall quit the waters of the Colony within twelve hours from the
service of such order on board of such junk, under penalty of forfeiture
of such junk to the Crown .
ORDINANCE No. 8 OF 1879 . 1531
Merchant Shipping.
14. Every master of a junk violating the provisions of subsections 8 Penalty for
infraction of
and 9 shall incur a penalty not exceeding one hundred dollars , or impri- provisions of
subsections S
sonment with or without hard labour for any period not exceeding twelve and 9.
[Ibid, sec. 19. ]
calendar months , and such junk and her cargo shall be forfeited to the
Crown.
15. No licence, anchorage pass, clearance or special permit shall be Penalty for
unlawfully
used in respect of any junk other than the junk therein specified , or for using a licen
ce, pass, clear
any purpose other than the one therein mentioned , and every master of ance, or
special
a junk who shall knowingly use or attempt to use any licence, anchorage permit .
[Ibid, sec.
pass, clearance or special permit which shall not have been lawfully 201
obtained, shall be imprisoned with hard labour for any term not exceed
ing twelve calendar months, and every junk in respect of which a licence,
anchorage pass, clearance, or special permit shall have been used or
attempted to be used in violation of this subsection may, together with
the cargo thereof, and whether the master shall have been brought to trial.
or not, at the discretion of the Court, be forfeited to the Crown.
16. Every master of a junk, vessel , or boat , bringing into the Penalty for
bringingmen
Colony, or from one part of the Colony to another, any person who shall, dicants into
the Colony.
in the opinion of the Court before which the offence shall be tried , have [Ibid, sec.
21.]
come to the Colony for the purpose of mendicancy, or any person suffer
ing from leprosy or any contagious disease, shall incur a penalty not
exceeding ten dollars for every such person so brought by him as afore
said .
17. It shall be lawful for any person deputed thereto by the Governor, Power to
board any
or by the commander of any of Her Majesty's ships -of- war, or for any junk and
demand ins
officer or constable of the Police force, at any time to board any junk pection of
documents.
within the waters of the Colony and demand the production of either an [Ibid, sec.
22. ]
anchorage pass , clearance, special permit, or licence, and in case by reason
of the non-production of any one of such documents, or for any other
reason, there shall be ground to believe or suspect that any provision of
this chapter has been violated by the master of such junk, or in case the
document produced shall appear from the date thereof, or from any other
cause, to have been unlawfullyobtained, or to be unlawfully used , to
arrest such junk and her cargo and the master of such junk, and deliver
them into the custody of the Police.
18. No junk or cargo liable to forfeiture, under the provisions of Trial of offen
ces under this
this chapter, shall be so forfeited , unless the offence in respect of which chapter.
[Ibid, sec.
such junk or cargo is liable to forfeiture, shall be tried by two Stipendiary 23.1
1532 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
Magistrates sitting together, who shall have power, in their discretion , to
extend the period limited by law for an appeal from their decision to the
Supreme Court, either before or after the expiration thereof.
In case ofnon 19. Every junk of which the master shall be charged with having
payment of
penalty by violated the provisions of this Chapter, shall be forthwith arrested and
master, the
same may be detained unless bail to the satisfaction of a Magistrate is given, until the
levied by sale
of junk. said master shall either have been acquitted of the offence charged , or if
Ibid , sec.
24. found guilty, shall have paid the penalty inflicted upon him , and in case
he shall fail to pay , within ten days, any penalty which may be inflicted
upon him , the same may be recovered by the sale of such junk, and the
balance, if any, of the net proceeds thereof, after deducting therefrom the
expenses of such sale and the amount of such penalty as aforesaid , shall
be paid to the owner or owners of the junk, if claimed within twelve
calendar months from the date of sale, and if not claimed within that
period, shall be forfeited to the Crown : Provided that in case there shall
be in the Colony any consignee or agent of such junk registered under
subsection 6 , no sale thereof shall be made in pursuance of this subsection
until three days' previous notice thereof shall have been given in writing
to such consignee or agent .
Transfer to 20. Every junk forfeited or sold under the provisions of this Chapter
purchaser
upon sale of shall be transferred to the purchaser thereof, at his expense, by a bill of
junk. sale from the Harbour Master, and such bill of sale shall confer upon such
Inid , sec.
25.]
purchaser, his executors , administrators and assigns, an indefeasible title
to such junk.
Jurk licences. 21. It shall be lawful for the Harbour Master, in such cases as he
{ Ibid, see.
26.1 shall think fit to grant to any owner of any junk or lorcha a licence
authorising such junk or lorcha to ply between this Colony and other
ports, during such period and subject to such conditions as the Harbour
Master, with the approval of the Governor, may determine, and which
conditions shall be endorsed on or contained in such licence , and such
junk or lorcha having obtained a licence, the master thereof shall cause
the number of said licence to be painted in black figures twenty inches
in length ( to the satisfaction of the Harbour Master) on a white ground
on each bow and on the stern : Provided that no such licence shall be
granted unless the intended licensee shall enter into a bond together with
one or more sureties resident in the Colony, and to be approved of by the
ORDINANCE No. 8 OF 1879 . 1533
Merchant Shipping.
Harbour Master, conditioned in any sum not exceeding one thousand five
hundred dollars for the observance of the conditions of such licence.
22. Every master or other person in charge of any junk , vessel or Penalty for
disobeying
Harbour
boat, whether licensed or not, shall obey any lawful orders which the Master's
orders.
Harbour Master may see fit to give, under a penalty not exceeding one
[ Ibid, sec.
hundred dollars . 27.1
Governor in
23. The Governor in Council is hereby empowered to make such Council
rules and regulations as to him shall seem fit for the proper carrying out empowered to
frame rules
the provisions of this Chapter, and also to vary, from time to time, the for carrying
out provisions
of this
fees chargeable to each junk under this chapter, and to prescribe , from
Chapter.
time to time, the forms of all licences, passes, permits , and clearances [Ibid, sec.
28. ]
under this Chapter, and to provide adequate means for preventing by
force when necessary any junk from leaving the waters of the Colony , or D
·
any anchorage for junks , in violation of any provision of this chapter.
24. It shall be lawful for the Harbour Master, in such cases as he Fishing boat
licences.
shall think fit, to grant to any person a licence for any boat or vessel to Ibid, sec.
29.]
be used solely as a fishing boat or vessel for such period and subject to
such conditions as the Harbour Master, with the approval of the Gover
nor, may determine and which conditions shall be endorsed upon or
contained in such licence. And such boat or vessel having obtained a
licence, the master thereof shall cause the number of the said licence to !
be painted in white figures ( to the satisfaction of the Harbour Master, )
twenty inches in length on a black ground on each bow, and on the stern ,
and every person guilty of a breach of any such conditions or offending
against the last clause of this section shall incur a penalty not exceeding
one hundred dollars or in default six months' imprisonment with or
without hard labour in addition to any forfeitures thereby imposed .
CHAPTER II.
LICENSING, & C., OF BOATS , CARGO BOATMEN , & c.
39. It shall be lawful for the Governor in Council to make and Governor in
Council to
´publish regulations and , from time to time, to vary the same : - make regula
tions for
( a . ) For the licensing, due management control and regulation licensing,&c.,
boats, &c.
of all boats or vessels, [plying for hire : repealed by Ordi
nance No. 24 of 1889 ] within the waters of the Colony,
1534 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
other than boats or vessels having British, Colonial , or
foreign registers , not being Chinese registers ; and also
other than market boats or vessels or junks within the
meaning of Chapter I of part III of this Ordinance.
( b. ) For the licensing, registration and regulation of cargo
boatmen ;
( c. ) For fixing the scale of fees payable for such licences ;
(d. ) For fixing the scale of fares to be charged by such boat or
vessel ;
(e.) For the regulation and management of all boats , sampans ,
or other vessels, used as dwelling places within the
waters of the Colony and not plying for hire ;
.
(f.) For the registration or licensing of such last mentioned
vessels and of the people dwelling in the same.
Punishment
2. In case any greater number of persons or passengers shall be
for drowning
passengers in taken or carried in any such licensed boat or vessel, within the waters of
overcrowded
boats. the Colony than are respectively allowed to be carried therein by any
7 and 8 Geo.
4. sec. 28. ] regulations made by the Governor in Council , and any one or more of
[Local and
personal. ] such persons or passengers shall be drowned in consequence thereof, every
person who shall be in charge of such boat, or vessel , shall be guilty of a
misdemeanor, and may be punished therefor without prejudice to any
civil remedy that any person may have against such misdemeanant .
PART IV .
Deck and load lines.
Ships to be 40. All ships registered in the Colony shall be marked with deck
marked with
deck and load and load lines as is provided in the " Merchant Shipping Act, 1876. ”
lines.
[M. S. A. When a ship registered in the Colony has been marked as by this section
1876. sections
25. 26.] required , she shall be kept so marked until her next return to a port of
discharge in the Colony.
I
ORDINANCE No. 8 OF 1879 . 1535 +
Merchant Shipping.
:
2. The owner, or agent, or master of every British ship shall ,
before clearing his ship outwards from any port in the Colony, mark I
i
the load line required by section 26 of the " Merchant Shipping
Act, 1876. "
3. The owner, agent or master shall also , upon so clearing her,
deliver to the Harbour Master a statement in writing of the distance in
feet and inches between the centre of the disc and the upper edge of each |
of the lines indicating the position of the ship's decks which is above
that centre. If default is made in delivering this statement in the case
of any such ship, the Harbour Master may refuse to clear the ship.
Grain Cargoes.
1
41. No cargo of which more than one third consists of any kind of [39 and 40
Vic., Cap. 80.
grain, corn, rice, paddy, pulse , seeds , nuts , or nut kernels , hereinafter sec. 22. ]
referred to as grain cargo shall be carried on board any Colonial ship,
unless such grain cargo be contained in bags , sacks or barrels or secured
from shifting by boards, bulkheads or otherwise.
If the master or owner of any such Colonial ship or any agent of
such, who is charged with the loading of the ship or the sending her to
sea, knowingly allows any grain cargo or part of a grain cargo to be
shipped therein for carriage, he shall, for every such offence, incur a
penalty not exceeding fifteen hundred dollars to be recovered summarily
before a Stipendiary Magistrate.
The penalty provided by section 22 of the " Merchant Shipping
Act , 1876 ," for knowingly allowing any grain cargo or part of a grain
cargo to be shipped on any British ship contrary to the provisions of the
said section may likewise be recovered upon summary conviction before
any Stipendiary Magistrate.
General.
42. So much of the various provisions of the third part of the
" Merchant Shipping Act, 1854 , " and other Acts amending the same
not being inconsistent with the provisions of this Ordinance and now in
force in England , as relates to rights to wages and remedies for the
1536 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
recovery thereof ; to leaving seamen abroad ; to the provisions, health
and accommodation of seamen ; to the power of seamen to make com
plaints ; to the protection of seamen from imposition ; todiscipline ;
and to crimes committed abroad, shall apply mutatis mutandis , and so
far as the same can be extended , to all ships registered in this Colony
when such ships are within the jurisdiction of this Government, and to
the owners, masters and crews of such ships .
[M. S. A. 1854 2. Every offence declared by the " Merchant Shipping Acts, 1854
Sc. 518.]
to 1876 , " to be a misdemeanor where jurisdiction is given to the Court
in this Colony shall be tried by the Supreme Court in the same manner
as other misdemeanors are tried , and every offence thereby made punish
able by imprisonment for any period not exceeding six months with or
without hard labour or by any penalty not exceeding £ 100 , except as
hereinbefore provided , shall be prosecuted summarily before any Magis
trate or any two Justices of the Peace in like manner as other offences
of like character committed in the Colony may be punished summarily,
and any person convicted summarily shall have the like right of appeal
as if the offence with which he is charged had been tried under any local
Ordinance.
Service of 3. Where any order , notice, statement, or document requires , for the
order on
master, &c. purpose of any provision of this Ordinance, to be served on the master
[M. S. A. 1876
see. 35. ) of a ship, the same shall be served where there is no master and the ship
is in the Colony, on the owner or one of the owners of the ship , or if
there is no owner, on the agent of the ship in the Colony, or where no
such agent is known or can be found, by affixing a copy thereof to the
mast of the ship .
4. Any such order, notice , stateinent , or document may be served
by delivering a copy thereof personally to the person to be served or by
leaving the same at his last place of abode, or in the case of a master by
leaving it for him on board the ship with the person being or appearing
to be in command of such ship .
5. Any person who obstructs the service of any order, notice , state
ment, or document on the master of a ship shall incur a penalty not ex
ceeding fifty dollars and if the owner, agent, or master of the ship is a
party or privy to such obstruction he shall be guilty of a misdemeanor.
ORDINANCE No. 8 of 1879 . 1537
Merchant Shipping.
6. Where under this Ordinance a ship is authorised or ordered to be Enforcing
detention of
detained , if the ship after such detention or after service on the master of ship.
M. S. A.
any notice of or order for such detention proceeds to sea before it is 1876, sec. 34. ]
released by competent authority , the master of the ship , and also the owner
or agent and any person who sends the ship to sea, if such owner or
agent or person be party or privy to the offence . shall forfeit and pay to
Her Majesty a penalty not exceeding five hundred dollars .
7. Where a ship so proceeding to sea takes to sea when on board
thereof in the execution of his duty any officer authorised to detain the
ship, or any surveyor or officer appointed by the Governor, the owner
and master of the ship shall each be liable to pay all expenses of and in
cidental to the officer or surveyor being so taken to sea and also a penalty
not exceeding five hundred dollars, or, if the offence is not prosecuted in
a summary manner, not exceeding fifty dollars for every day until the
officer or surveyor returns, or until such time as would enable him after
leaving the ship to return to the port from which he is taken, and such
expenses may be recovered in like manner as the penalty .
General
8. In addition to the powers hereinbefore given , it shall be lawful for power to the
the Governor in Council, from time to time, to make, alter and repeal Governor in
Council to
regulations for the better and more effectual carrying out of the provisions make regula
tions.
of this Ordinance.
9. In any regulations under this Ordinance, except with reference to And to impose
penalties.
quarantine, it shall be lawful for the Governor in Council to impose
penalties for the breach thereof, but so nevertheless that the penalty for
the breach of any such regulations do not exceed two hundred dollars or
six months ' imprisonment with or without hard labour.
10. Where the Governor has power to make any orders, rules , or Provisions as
to rules, &c.
regulations in Council it shall be lawful for him, from time to time, to made by
Governor in
make such orders, rules and regulations in Council and to revoke, alter , Council.
[M. S. A.
or add to any orders, rules or regulations so made. 1876, sec. 38.
11. All such orders, rules and regulations shall be published in the
Gazette .
1538 ORDINANCE No. 8 or 1879 .
Merchant Shipping.
12. Upon the publication of any such orders, rules or regulations in
the Gazette they shall, after the date of such publication , or any later
date mentioned in such orders, rules, or regulations , take effect as if they
were enacted by the Legislature of this Colony .
13. There may be paid out of the Colonial revenue to any officer or
person appointed under this Ordinance or to any member of a marine
board, examination board or Court of survey or to any assessor, such
remuneration ( if any ) as this Ordinance directs , or, in so far as this Ordi
nance does not extend, as the Governor from time to time directs .
14. There may be paid out of Colonial revenue all costs and com
pensation payable by the Governor in pursuance of this Ordinance.
Recovery of 15. All offences against this Ordinance, or any regulations made
penalties and
expenses. thereunder, except when otherwise provided , may be heard and determined
by any Stipendiary Magistrate and all penalties imposed by and expenses
recoverable under this Ordinance, or any regulation made thereunder,
except when otherwise provided , may be recovered in a summary way
before any Stipendiary Magistrate .
Forgery. 16. Whosoever, with intent to defraud, shall forge, or alter, or shall
offer, utter, dispose of, or put off, knowing the same to be forged or altered ,
any certificate, ticket , document , matter, or thing named in this Ordinance ,
or any regulation made thereunder, shall be guilty of felony, and being
convicted thereof, shall be liable, at the discretion of the Supreme 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.
Fees.
Fees payable 43. The fees specified in tables marked B, C, D and F of the
under this
Ordinance schedule hereto are hereby declared to be payable to the collector appointed
and under
[M. S. A. by the Governor as the lawful fees for the discharge of the respective
i854. ]
duties therein specified , and the same and all other fees payable under
this Ordinance, or any regulation made thereunder, may be recovered in
a summary manner before any Stipendiary Magistrate.
T
ORDINANCE No. 8 of 1879 . 1539 "
Merchant Shipping.
2. All fees and all costs and expenses recovered under this Ordinance Fees to be
paid into the
shall be paid into the Colonial Treasury to the use of Her Majesty. • Colonial
Treasury.
Abstract of Ordinance to be given to Masters.
44. An abstract of such portions of this Ordinance as the Governor Abstract of
Ordinance to
in Council may direct, shall be delivered to the master of every vessel be given to
master of
upon her entering the waters of the Colony ; and if before obtaining every vessel.
clearance, the master do not return such abstract to the Harbour Master,
he shall pay a fee of one dollar for the same.
Repealing clause.
45. On and from the coming into operation of this Ordinance the Repealing
clause.
Ordinances hereunder specified shall be repealed to the extent herein
mentioned : Provided that any officer appointed in pursuance of any such
enactments shall be deemed to have been appointed under this Ordinance ,
and any rules or regulations made by the Governor or the Governor in
Council in pursuance of any such enactment and not repealed by this
Ordinance or by any rules or regulations hereafter made or to be made
thereunder, shall be deemed to have been made under this Ordinance , and
this Ordinance shall not affect : 1
( 1. ) Anything done or suffered under any enactment hereby
repealed ; nor
( 2. ) Any right, power, duty, obligation , or liability acquired ,
î
imposed, accrued, or incurred under any enactment
hereby repealed ; nor
(3. ) Any penalty, forfeiture, or punishment incurred in respect
of any offence against any enactment hereby repealed ;
nor
(4. ) Any legal proceeding in respect of any such right, power,
duty, obligation, liability, penalty, forfeiture, or punish
ment, and any such legal proceeding may be carried on
as if this Ordinance had not passed ;
1540 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
nor revive any enactment repealed by any of the said Ordinances or
sections .
Subsections 8 and 9 of
sec. 3 ; subsections 2
Ordinance 14 of 1845 , ...
and 3 of sec. 6 ; and
secs . 7 and 8.
19 4 of 1850 , ....
"" 6 of 1852,
The whole.
4 of 1855 ,
1:5
99 9 of 1856, ..
27 8 of 1858 , .... Sec. 16 .
99 10 of 1860,
11 of 1860 ,
15 of 1860,
"" 17 of 1860 , .... ... The whole.
"" 1 of 1862, ..
"" 6 of 1866 , ...
4 of 1867 , ...
36
10 of 1867 , ... Secs. 63, 64, & 65 .
19
5 of 1869,
"" 9 of 1872 , ...
99 17 of 1873 ,.
The whole.
"" 1 of 1874 ,
:> 8 of 1875 , ......
"" 11 of 1876 , ......
Suspending Clause.
Suspending 46. This Ordinance shall come into operation on a day to be hereafter
claus .
proclaimed by the Governor.
TABL
S
()A .
sectio
4.ee
) E
n
NUMBER
DIMENSIONS
AND
BOATS
OF
WITH
SEA
WHICH
SHIPS
-G OING
PROVIDED
TO
ARE
.BE
COLUMN
2.
carried
be
To
by
sailing
1.
COLUMN .
3
COLUMN TOTAL
REGISTERED
TONNAGE
. carried
be
To
sailing
by
ships ships
,and
by
steam To
-ships
steam
by
carried
,wbe
not
do
hich NUMBER
OF
steam
sand ships
not
do
they
,when column
in
boats
2.the
carry
.- hips in
boats
the
carry BOATS
.
column
.
3
Boats
. Boats
. Launches Boats
. .Boats
Life
Sailin
ships
. g sSteam
.- hips Steam
ships
.
Depth.
Depth.
Sailing ships.
Depth.
Depth.
Length.
Length.
Length.
Number.
Freadth.
Breadth.
Number.
Number.
I'readth .
Tons
. Ton
. s .ft ft
.iftn .ftn
ift ftn
i.in .
ft .in
ft .iftn .ft f.ft
itn
1,0
u&
. pwa
00rds 623.
5. 24 6C2.
5. 8
3. 6 6
2. 28 6
8. 6
3.
... to
1,0
80000 1 263.
5. 26 682.
6. 6
5.
8
3. 6
2. 4or
IF
... 800
u&
. pwards 5.
623. 62.
5.
to
500 800 1 24 62.
5. 4or
€60
to
800 500
360
to 5.623. 24 5.
2.
6 6
3. 6
5. 6
2. o4r
2xxx 7
400
to
600 240
360
to 1 6
5. 622
5. 6.
33
G. 6.
25. 3
200000
260
to
400 120
240
to 1 0
5. 20 3.
0 5.
62. 32or
...
Merchant Shipping .
100
to
200 to
60 120 .5 16 62.
5.
9 618
5. 4
2. 2o3r
69433
100
under 60
under 1.
... ... ... ...
⠀⠀⠀
⠀⠀⠀
188006444
⠀⠀
CNRRANRE :
2⠀⠀⠀⠀
2222N2N ;
⠀⠀⠀⠀⠀⠀⠀⠀
CNN222NE :
:
11010004 A
:
:.
~~~~~ ⠀⠀⠀
as the case may be.
NOTE
ships
sailing
above n
carrying
.Ihips
-sspecified
steam
nd
SCHEDULE TO THIS ORDINANCE .
two
the
of
larger
the
tnumber
alove
numbers
he
,aboats
be
to
are
ORDINANCE No. 8 or 1879 .
,if
sufficient
considered
aggregate
their
the
to
equal
are
contents
cubic
aggregate
specified
boats
.of
-ships
steam
,oIn
above
numbers
two
smaller
carrying
be
must
boatsne
2.alof
column
in
specified
capacity
the
aunch
passengers
under
and
burden
tons
200
of
ships
sailing
In
carrying
,nmay
1.adot
column
in
boat
the
for
substituted
be
ingy
under
and
burden
tons
150
ships
sailing
,aIn
passengers
ot
substituted
nubstantial
scarrying
be
may
crew
the
carry
to
sufficient
capacity
of
boat
those
for
above
specified
.
any
Incolumn
in
boats
the
of
two
box
3.may
for
substituted
be
-ships
steam
,tall
paddle
wo
1541
!
1542 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
TABLE (B.)
Table of Fees payable to the Government under " The Merchant Shipping Act, 1854,"
and this Ordinance.
Amount of Fers.
Effecting an Imperial register and granting certificate thereof,. $ 15
Effecting a Colonial register and granting certificate thereof, 25
Copy from Registry Book,......... 5
For every declaration made in any of the forms B, C, F, G, H, or L, in the schedule
to " The Merchant Shipping Act, 1854," or under section 3 , subsection 3 of
this Ordinance, .... 2
Endorsing a memorandum of change of master upon certificate of registry, .... .... 1
Endorsing a memorandum of change of ownership upon certificate of Colonial registry, 25
Endorsing a memorandum of change of ownership upon certificate of Imperial register, 2
Certificate of sale or mortgage, ……………
. 2
Recording a mortgage of a ship, or shares in a ship, made under a certificate of
mortgage, ……….. 5
Recording the transfer of a mortgage of a ship, or shares in a ship, made under a
certificate of mortgage, …………
.. 5
Recording the discharge of a mortgage of a ship, or shares in a ship , made under a
62
certificate of mortgage, 5
Endorsement on register of change in rig or tonnage, …………………………….
For every sale of a ship, or shares in a ship, under a certificate of sale,. $5
For every alteration in agreements with seamen , 1
For certifying a desertion , ...... 1
For attesting a seaman's will ,.…………. Nil.
For examining provisions or water (to be paid by the party failing to support his
case) , 5
For renewing Colonial register under section 3, subsection 12 , 5
For inspection of registry, 1
TABLE (C. )
Scales of fees under the provisions of this Ordinance.
( 1 . ) — Surveys of steamships for passenger certificates.
Tons (Register. ) Fee . Tous ( Register.) Fee.
100 and under, 25 1,200 & under 1,500, 74
Over 100 & not exceeding 300, 35 1,500 99 1,800, 86
Over 300 and under 900, 50 1,800 99 2,100, 98
-900 and under 1,200, ......... 62 2,100 99 2,400 , ..... 110
$ 12 for every additional 300 tons.
[Added to by Ordinance No. 3 of 1887.]
ORDINANCE No. 8 or 1879 . 1543
Merchant Shipping.
The above scale is for twelve months. For six months six-twelfths of the fee
will be charged, for nine months nine-twelfths, and so on, at the rate of one-twelfth
for each month ; but no fee is to be less in amount than three-twelfths. In all cases
of new steam-ships , or of steam- ships coming under survey for a passenger certificate
for the first time a full twelve-month's fee must be paid, notwithstanding that a certificate
for twelve months may not be required, and in no case of an incomplete declaration
will less than three-twelfths be charged .
The fee paid in accordance with the forgoing scale covers any number of visits
that a surveyor may require to make before he is able to grant his declaration, as well
as the inspection of the lights and fog signals, and of the marking of the vessel , which
inspection must be made by the surveyor before he can grant his declaration . The fee
does not, however, apply to, or include, any inspection of lights, fog signals, or marking
made subsequently to the granting of the declaration.
The above fee does not cover any service under the Chinese Passengers ' Acts, or
measurement for tonnage.
(2 .)- Survey of ship, under Chinese Passengers' Acts.
Surveys made within office hours. Fee.
$
2880
Ordinary survey of the ship and of her equipments, accommodation, distilling
apparatus, (if any) stores, light, ventilation, and sanitary arrangements,
Special survey , 25
Do. entailing unusual attention ,......... 30
A special survey is to be deemed to be a survey requiring more than two visits by
a Government surveyor or surveyors, or a survey in cases in which from age or any
other circumstances there are reasonable grounds for doubting the seaworthiness of the
vessel. Where the case requires unusual attention and occupies an unusual amount
of the surveyor's time the higher fee of $30 and upwards will be charged, according to
the special circumstances of the case and the number of visits made.
Where a declaration has been granted for a steamship under this Ordinance, the
surve
y under the Chinese Passengers' Acts will be made on payment of half the usual
fee mentioned above. The fee paid in accordance with the above scale covers the
inspection of the lights and fog signals, and the marking of the vessel, made at the
time of survey under the Chinese Passengers' Acts. It does not, however, apply to, or
include, any inspection of lights, fog signals, or marking, made subsequently to such
surve
y.
The fee for survey under the Chinese Passengers' Acts does not cover any survey
of a steam- ship for a passenger certificate under this Ordinance, or measurement for
tounage, or inspection of crew spaces.
1544 ORDINANCE No. 8 CF 1879 .
Merchant Shipping.
Travelling expenses (if any) and subsistence expenses (if any) due according to the
scale authorised by the Governor will be charged in addition to the fees .
(3.) - Measurement of tonnage.
Tons (Gross Register). Fee. Tons (Gross Register) . Fee.
724888
ess
39988
Under 50, 1,200 to 2,000, 35
50 to 100, 10 2,000 to 3,000 , ..... 40
100 to 200, 15 3,000 to 4,000, 45
200 to 500, 20 4,000 to 5,000, 50
500 to 800, 25 5,000 and upwards, 55
800 to 1,200 30
(4 ) -Inspection of the berthing or sleeping accommodation of the crew.
The fee to be paid on application for inspection is $3 .
A further fee of $3 will be charged if more than one visit by the surveyor is
necessary.
The fees for inspection of crew spaces will not be charged if the inspection is made when
the vessel is measured for tonnage, but if a second or third visit is necessary for crew spaces
alone a fee of $3 for each visit will be charged.
(5.) —Inspection of lights and fog signals.
The fee to be paid on application for inspection is $3.
A further fee of $3 will be charged if more than one visit by the surveyor is
necessary .
(6.)- Inspection of the marking of vessels.
The fee for a first visit is $3, and is to cover all expenses except where application
is made by owner, when expenses are also to be charged. For any subsequent visit ,
expenses are to be charged, but no further fee.
(7.)-Inspection of tracings or drawings.
The fee to be paid when tracing is submitted for inspection is $15 .
This fee will not be charged when the full fee for survey under the Merchant
Shipping or Chinese Passengers' Act has been paid.
(8.)- Surveyfor change of name.
Fees will be charged in accordance with the scale for a twelve-month's passenger
certificate. (See scale No. 1 , above) .
ORDINANCE No. 8 OF 1879 . 1545
Merchant Shipping.
(9.)- Survey for re- registry under section 6 of the Merchant
Shipping Act, 1873.
Fee will be charged on the same scale as for change of name. This fee includes the
inspection of crew spaces and lights, but does not include measurement for tonnage.
(10.) — Survey of a vessel before transfer to a foreign flug.
The fee to be charged in cases of survey before transfer to the flag of any other
country shall be $25.
(11 .) - Minor inspections, alteration of rig, port ofregistry, &c.
A fee of $5 is to be charged in all cases of minor inspections (e.g. , alteration of
rig, port of registry, description of engines, &c .) , of a vessel on re-registry.
(12.) —For re-measurement ofpassenger accommodation in any ship the passenger
certificate of which is unexpired.
A fee of $10.
TABLE (D. )
Table of fees payable under chapter I of part III of this Ordinance.
Sea-going licence. Fishing licence.
For vessels under 500 piculs burden , a year, ..... .$10.00 $1.00
For vessels under 500 piculs burden, a month or fraction.
$ 1.00 $0.20
of a month, .....
For vessels of 500 piculs and less than 1,000 piculs burden,
$15.00 $3.00
a year,
For vessels of 500 piculs and less than 1,000 piculs burden,
$ 1.50 $0.40
a month or fraction of a month, }
For ve
ssels of and above 1,000 piculs burden , a year , . $20.00 $5.00
For vessels of and above 1,000 piculs burde , a mont or
n h $ 2.00 $0.50
fractio of a month ,....... 10% }
n
Fishi
ng boats under 25 piculs , . .Free.
Anchorage pass, . $0.25
Special permit, ..... $0.25
Day clearance, . $0.25
Night clearance , $ 1.00
1546 ORDINANCE No. 8 of 1879 .
Merchant Shipping.
TABLE (E. )
Spaces to be allotted to passengers in ships not within the
"Chinese Passengers ' Act, 1855."
Between the 15th of October, and the 31st of May, inclusive :
1. The space to be provided on the between decks shall be for the lower
between decks 12 superficial and 84 cubic feet of space for each passenger ;
and in the upper between decks there shall be 9 superficial and 54 cubic
feet for each passenger.
2. On the upper or weather deck there shall be provided 4 superficial feet of
deck space for exercise for the crew and for every passenger accommodated
in the between decks ; and if it shall be intended to carry passengers on
the remaining spaces of the said weather deck than 12 superficial feet of
such remaining space shall be provided for each such upper deck pas
senger.
Between the 1st of June, and the 14th of October, inclusive : --
3. The space to be provided in the between decks shall be in accordance with
the first paragraph of this table, but no ship shall carry upper deck
passengers except as hereinafter provided, unless she is furnished with a
deck house or other permanent protection against the weather for the
number of passengers such structure will accommodate at 12 superficial
feet and 72 cubic feet per adult passenger.
Generally.
Deck passengers may be carried between Hongkong and Swatow during both.
seasons.
Passengers are not to be carried on more than two decks on any one voyage.
The superficial area of a deck shall mean the area of the deck itself exclusive of
skylights, hatchways and other encumbrances .
TABLE (F. )
1. The owner of any steam vessel of less than fifty 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 Government surveyor or surveyors.
2. A certificate of the Government surveyor or surveyors, shall contain statements of the following
particulars :
a. That the hull, length- breadth - -depth = -tons, 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.
ORDINANCE No. 8 or 1879 . 1547
Merchant Shipping.
c. That the master possesses a certificate of competency from the Harbour Master ofHongkong.
d. That provision is on board for the shelter of deck passengers, and that there are not less
than 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, in
accordance with the international regulations.
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. A certificate of the Government surveyor or surveyors shall contain statements of the following
particulars :
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 of
the engineer when the steam is up and is not loaded beyond the pressure permitted by
the 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 Harbour
Master of Hongkong.
4. Such certificates shall be in force for a period not exceeding twelve 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 surveyor's declaration for a period not exceeding twelve months.
6. Every vessel licensed under this Ordinance shall have her name in English and Chinese legibly
painted on her stern and on each bow together with the number of passengers she is licensed to carry.
7. A fee of five dollars for each certificate shall be payable to the Government.
8. 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.
[Cancelled by Regulations of 11th June, 1886, and new Regulations substituted in
Regulations 29th January, 1889. ]
[In force from the 17th July, 1880, by proclamation 16th July, 1880. ]
Regulations made by the Governor under the provisions of subsection 2
of section 28 of Ordinance 8 of 1879, 25th November 1880,
(Gazette 27th November, 1880.)
firea The portions of the waters of the Colony within which it is prohibited to discharge
rms,
follow as provided by subsection 2 of section 28 of Ordinance 8 of 1879, are as
s:
:
1548 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
That portion of the waters of the Colony having for its eastern boundary a line
drawn across the centre of the Li- ü-mún Pass ; and for its western boundary, a line drawn
from the west end of Hongkong to the west end of Green Island , thence in a straight
line to the west end of Stone Cutters' Island , continued to the mainland .
That portion of the waters of the Colony lying within a line drawn from waterfall
Bay to south-end of Táitám Peninsula, continued to Cape d'Aguilar and Cape Collinson,
terminating at south-east corner of the Li- ü-mún Pass.
Scale of Measurements, made by the Governor in Council, to which steamers trading
between Hongkong, Canton, and Macao are to be subject, under sections 8
ofthe Merchant Shipping Consolidation Ordinance 8 of 1879,
on the 9th May, 1882, ( Gazette 27th May, 1882. )
1. On lower deck, one passenger for each six superficial feet.
2. On upper deck and cabins, one passenger for each nine superficial feet.
3. The above number to be further regulated by the surveyor's judgment as to
whether the vessel is stable enough for the measurement number of passengers .
4. A sufficient number of life boats, rafts , and life buoys, approved by the Govern
ment marine surveyor, to be supplied.
5. No passengers to be carried on more than two decks.
6. On the lower passenger deck, one passenger to be deducted for each six square
feet occupied by cattle or cargo ; and on the upper passenger deck, one passenger to be
deducted for each nine feet occupied by cattle or cargo.
General Rules for formal investigations into Shipping Casualties made by
the Governor in Council under sub-section 8 of section 13 of
Ordinance 8 of 1879 on the 14th November, 1882.
(Gazette 18th November, 1882. )
1. These rules shall be published in the Hongkong Government Gazette, and a copy
shall be kept at the office of the Harbour Master, and may be perused thereat by the
master or owner of any ship, and by any person deputed by him.
2. When the Governor has directed that a formal investigation into a shipping
casualty shall take place and has issued a warrant to form a Court for the purpose , the
Stipendiary Magistrate, appointed as the presiding member of the Court, shall cause a
notice to be served on the master, and upon the certificated officers of the ship who were
on board at the time of the happening of the casualty , in the form No. 1 in the Appendix
When the master himself applies for an investigation into a casualty, and the
Governor has issued a warrant thereon , the Stipendiary Magistrate shall cause a notice .
to be served on the certificated officers only, who were on board at the time of the
casualty .
ORDINANCE No. 8 OF 1879. 1549
Merchant Shipping.
The Stipendiary Magistrate may cause a notice to be served upon any other person
who appears to have been in any way responsible for the casualty ; and any person
having any interest in the investigation, shall , on showing the nature of his interest, have
a right to appear.
3. The proceedings at the investigation shall commence with the examination of
the master, officers, and any other person whether on board the ship or not at the
happening of the casualty, and who can give material evidence in regard thereto.
4. The certificate of the master or of any officer shall not be cancelled unless the
master or officer has had the opportunity of making a defence, and for that purpose he
may produce any witnesses whom he may wish to examine .
5. The presiding member of the Court may adjourn the Court from time to time ,
and from place to place, as may be most convenient .
6. The judgment of the Court shall be given at the end of the proceedings .
APPENDIX.
No. 1.- Notice ofholding a formal investigation.
Το master, mate, engineer or owner of the British steam [ or sailing ] ship
of
In pursuance of the provisions of section 13 of Ordinance 8 of 1879, I hereby give you notice that
the Governor has ordered a formal investigation to be held into the circumstances attending the
and that subjoined hereto is a copy of the report [ or statement of the case], upon
which the said investigation has been ordered.
Dated at Victoria, Hongkong, this day of 188 ·
Stipendiary Magistrate.
General rules for Courts of survey made by the Governor in Council under
sub-section 11 of section 13 of Ordinance 8 of 1879 on the 14th
November, 1882. [ Gazette 18th November, 1882. ]
1. These rules shall be published in the Hongkong Government Gazette, and a
copy shall be kept at the office of the Harbour Master, and may be perused thereat by
the master or owner of any ship which may be provisionally detained under Ordinance 8
of 1879, and by any one deputed by him.
2. Where the owner or master of a ship, hereinafter called the appellant, desires to
appeal to the Court of survey, he shall file at the office of the Harbour Master a notice
in the form No. 1 in Appendix .
3. Immediately upon the filing of the notice of appeal, the Harbour Master shall
inform the Governor, and if the ship is a foreign ship, the Harbour Master shall give
notice to the Consular officer for the State to which the ship belongs, and such Consular
officer may nominate one person to act as a member of the Court of survey whose name •
shall be submitted to the Governor at the same time.
4. When the Governor has issued his warrant constituting the Court, the person
appointed to be president of the Court, herein after referred to as the president, shall
summon the Court in the form No. 2 in the Appendix .
1550 ORDINANCE No. 8 or 1879 .
Merchant Shipping.
5. If the survey has been made on the complaint of any person, hereinafter called
the complainant, the president shall send to him notice of the time and place appointed
for the hearing.
6. Previous to the hearing, the Governor shall forward to the President, to be pro
duced as evidence at the hearing, an official copy of the report of the surveyor.
7. The Court shall, if practicable, be summoned to hear the appeal on a day not
later than fourteen days from the filing of the notice of appeal.
8. The Governor and the appellant shall be parties to the proceedings.
9. Any other person may, by permission of the President of the Court, be made a
party to the proceedings.
10. At the hearing, the person representing the Governor shall first call his wit
nesses and, having done so, shall state in writing, what order he requires the Court to
make.
11. The complainant, if he has appeared, shall then call his witnesses, and having
done so, shall state in writing what order he requires the Court to make.
12. The appellant shall then call his witnesses, and having done so, shall state in
writing what order he requires the Court to make.
13. After the appellant has examined all his witnesses, the person representing the
Governor and the complainant may, on cause shown to the satisfaction of the Court, call
further witnesses in reply.
14. After all the witnesses have been examined , the Court shall first hear the
appellant, then the complainant (if any ), and afterwards the person representing the
Governor.
15. The President may adjourn the Court from time to time and from place to place,
as may be most convenient.
16. The President shall deliver the decision of the Court in writing ; and the same
may be sent or delivered to the respective parties, and it shall not be necessary to hold a
Court merely for the purpose of giving the decision .
17. As soon as possible after the Court has come to its decision , the Court shall
issue an order for the release or detention (either finally or on condition) of the vessel in
the form No. 3 in Appendix.
18. The President shall report to the Governor in the form No. 4 in Appendix .
19. The fees, a table whereof is in Appendix (A) , shall be demanded and taken in
any proceedings before a Court of survey.
APPENDIX.
No. 1. - Notice of appeal.
In the matter of the ship
To the Harbour Master of Hongkong.
Take notice that I, [name and address ] the master [ or managing owner or owner
of shares ] of the ship of the port of do appeal,
(1.) From the report of the surveyor appointed by the Governor
to survey the said ship ; or
ORDINANCE No. 8 of 1879. 1551
Merchant Shipping.
(2. ) From a declaration given by a shipwright, surveyor
or engineer, [ or from the refusal of a shipwright,
surveyor or engineer to give a declaration], under the provisions of
sub-section 8 of section 5 of Ordinance 8 of 1879 ; or
(3. ) From the refusal of an emigration officer [ or as the
case may be] to give a certificate of clearance under the Chinese
Passengers' Act, 1855 ; or
(4. ) From the refusal of appointed by the Governor under the
provisions of sub- section 4 of section 5 of Ordinance 8 of 1879, to give
a certificate that the said ship is properly provided with lights and with
the means of making fog signals.
The address at which all notices and documents may be served by post or otherwise
on me is
Dated at this day of 188
(To be signed by the Appellant).
No. 2. - Summons to Court.
The Court of survey for Hongkong.
In the matter of an appeal by from the report of
the surveyor appointed by the Governor to survey the [or as the case
may be].
In pursuance of Ordinance 8 of 1879, I hereby summon you to attend as
on this appeal, at on the day of at the hour of
in the noon.
Dated at Victoria, Hongkong, this day of 188
;
Stipendiary Magistrate.
(Signature ofperson summoned. )
I
No. 3.- Order of Court for release or detention of ship.
The Court of survey for Hongkong.
t
In the matter of an appeal by from the report of
the
surveyor appointed by the Governor to survey the [or as the
case may be].
We do order the said ship to be released or detained (finally
or conditionally upon ).
Given under our hands at Victoria, Hongkong , this day of 188
Members ofthe Court of survey.
"
1552 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
No. 4.- Report of members of Court of surrey.
The Court of survey for Hongkong .
In the matter of an appeal by from the report of
the surveyor appointed by the Governor to survey the [or as the case may be]
We do report that, having heard this appeal, we did order the
said ship to be released or detained [ finally or conditionally upon ] for
the reasons set forth in the annexed statement.
We are also of opinion that the costs of this appeal should be paid by the appellant
[or by the Government] ; or that all parties shall pay their own costs .
Dated at Victoria, Hongkong, this day of 188
Members of the Court of survey.
(A.)- Table offees.
On filing notice of appeal, for every 50 tons of the gross registered
tonnage of the ship, .... ……………
. $5.00
On filing every affidavit, ..... ... 1.00
On entering appearance ,..... 5.00
On every subpœna, ....... 1.00
On every statement of the order required to be made by the Court, ... 5.00
On the production and swearing of every witness , 1.00
On every consent by the parties to refer the question of costs, or of
costs and damages, to the Court, to be paid by each party, ......………….. 5.00
On every hearing, for each day , to be paid by each party, the amount
thereof to be at the discretion of the members of the Court, ... from 10.00 to $ 50.00
On every order whether for the release or detention of the ship or for
payment of costs , or costs and damages, to be paid by the party
taking out the order, ...... 5.00
On every office copy of the judgment or report, or of notes of the
evidence, or of any of the proceedings in the appeal, per folio of
72 words , .... 0.25
Regulation made by the Governor in Council under the provisions of
sub-sec. 4 of sec. 7 of Ordinance 8 of 1879 , on 8th.
(Gazette 16th December, 1882.)
From and after this date no licence for a steam-launch will be issued or renewed
under the provisions of sec. 7 of Ordinance 8 of 1879, unless the person applying for the
same produces a certificate from the Government marine surveyor to the effect that the
vessel for which the licence is applied is properly fitted with a fusible safety plug.
ORDINANCE No. 8 OF 1879 . 1553
Merchant Shipping.
Scale of charges fixed by the Governor in Council the 21st August, 1885, under section
37 of Ordinance No. 8 of 1879, for the storage of gunpowder in the
Government depots. ( Gazette 22nd August, 1885.)
Packages containing 25 lbs . and less of loose gunpowder, .. 6 cents. ]
fraction
Do. do. do. 8
onth
gunpowder in tins ,…………………………….. 99
mnd
Do. do. more than 25 lbs. and less than 50 lbs . of loose gun
mouth
A
of
,a
a
powder,......... 10 99
:63
Do. do. do. do.
.
gunpowder in tins, 12
15
Do. do. 50 lbs. and less than 75 lbs. of loose gunpowder,... 14 ""
Do. do. do. gunpowder in tins , ......16 97
Do. do. 75 lbs. do. 100 lbs. of loose gunpowder, ...18 99
Do. do. do. gunpowder in tins,......20 ""
and so on, increasing 4 cents per package for each 25 lbs. of gunpowder, up to and in
excess of 100 lbs . , according as the gunpowder may be loose or in tins.
Packages containing ball-cartridges to be charged per 25 hs. weight, 3 cents a
month, and fraction of a month.
The weight of the various packages will be determined at the time of storing, and
no alteration will be allowed after they have been received into the Magazine.
GOVERNMENT NOTIFICATION. - No. 165. ( Gazette 3rd May, 1884.)
Under the provisions of sub-section 2, section 15 of Ordinance 8 of 1879, the
-
Governor in Council has been pleased to direct that :
•
1. Certificates of competency issued on and after the first day of January last may
be exchanged for the new or Governor's certificates, issued under the provisions of Her
Majesty's Order in Council of the 31st December, 1883, without the payment of a
fee ; and
2. As regards certificates issued prior to that date, the holder of a certificate of
Competency desirous of obtaining a Governor's Certificate may be examined under the
regulations made by the Governor in Council (sub- section 2, section 15 of Ordinance
8 of 1879) ; and, if he passes at his first examination, he will receive a Governor's
certificate ; and the fee he has paid will be returned to him, but if he fails to pass at
his first examination the fee he has paid will be retained by the Treasury.
Regulation made by the Governor in Council under sub-section 4 of
section 7 of Ordinance 8 of 1879, on the 14th, gazetted 7
15th August, 1885.
The following Regulation shall be included in table F of Ordinance 8 of 1879 :
9. A fee of two dollars and a half for the examination of the master or engineer
of a steam-launch shall be payable to the Government.
1554 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
Rules made by the Governor in Council the 17th day of September, 1885,
under section 37 of Ordinance 8 of 1879, for the storage of gunpowder
in the Government depot. ( Gazette 19th September, 1885. )
1. The officers and men belonging to a Gunpowder depôt , and to every vessel
receiving, or discharging gunpowder into or out of such depôt, shall always , unless
cause be shewn to the satisfaction of the Harbour Master, be at such depôt or on board
such vessel during the transhipment of gunpowder.
2. At the time of the transhipment of gunpowder, no person in a depôt or on
board of any vessel receiving or discharging gunpowder shall wear shoes or boots, but
may instead thereof wear Chinese grass slippers which will be provided by the officer
in charge of the depôt.
3. At the time of the transhipment of gunpowder, no person shall in a depôt or
on board of any vessel receiving or discharging gunpowder, or on board of any junk or
boat engaged in such transhipment, have or use any charcoal or other combustible
matter or any fire or naked light.
4. At the time of the transhipment of gunpowder, no person shall smoke in a
depôt or on board of any vessel receiving or discharging gunpowder or on board of any
junk or boat engaged in such transhipment.
5. At the time of the transhipment of gunpowder, no person in a depôt or on
board of any vessel receiving or discharging gunpowder, or on board of any junk or
boat engaged in such transhipment, shall be employed about any work other than , and
except the transhipment of gunpowder.
6. At the time of the transhipment of gunpowder, that portion of the deck of
any vessel over which the packages of gunpowder are being passed shall be kept
wetted.
7. No person shall without the consent in writing of the Harbour Master first had
and obtained open any package in a gunpowder depôt.
8. With reference to subsection 10 prohibiting the storage of more than 15 tbs .
of gunpowder on land, it is hereby directed that such gunpowder shall not be kept in
any package other than one composed of zinc, copper or brass, and that the said
package shall be placed in a safe and convenient position beyond the reach of fire, or
accident from lights, & c.
9. At the time of transhipment of gunpowder, every vessel employed in such
transhipment shall proceed without interruption or delay to or from the depôt, and the
vessel discharging, or receiving such gunpowder.
10. The cargo of every such vessel employed in transhipment shall, on her arrival
at the depôt be immediately discharged by the owners or consignees of such cargo and
shall be then delivered into the depôt, and if the owner or consignee of such cargo
shall fail in so doing, it shall be lawful for the Harbour Master or his deputy to have
the same discharged and delivered into the depôt at the expense of the said owner or
consignee.
ORDINANCE No. 8 OF 1879. 1555
Merchant Shipping.
11. At the time of transhipment of gunpowder, the owner or consignee of the
same shall attend at the depôt, or shall send a responsible representative instead, and
any question which may arise as to the number or weight of cases or kegs received at or
delivered out of the depôt shall be decided at the time by such owner or his representa
tive, and the officer in charge of the depôt, who shall if necessary refer the same to the
Harbour Master.
Anchorages for junks approved by the Governor under subsection 3 of section
38 of Ordinance 8 of 1879, the 29th May, 1886. ( Gazette of the same date.)
1. Between the Southern limit of the Central Fairway and a line
200 yards from the Praya Wall.
The Eastern-end, 400 feet west of the Canton Steam -boat Wharf.
The Western-end, a line having the Eastern -end of the Civil Hospital on with the
Flagstaff at the P. & O. Company's Coal Stores.
2. Between the Southern limit of the Central Fairway and a line having the South
extreme of Kau-i- Chan just open of the North extreme of Green Island.
The Eastern-end, a line drawn in continuation of Queen Street .
The Western-end , as far as the Harbour Master shall think fit.
3. Yaumáti.
Southern Boundary, a line bearing S. 79° . W. from 40 feet North of Police Jetty.
Northern Boundary, a line drawn seaward from a clump of boulders on British
Kowloon on with a staff with dise on it bearing S. 83°. W.
Between 9 p.m. and daylight gun-fire a clear passage of 60 yards from the shore
shall be kept .
Regulations made by the Governor in Council under the provisions of sub-secs.
3 & 4 ofsec. 7 of the Merchant Shipping Consolidation Ordinance, 1879,
(No. 8 of 1879), the 29th January. ( Gazette 2nd February, 1889. )
Table F of Ordinance 8 of 1879 is hereby cancelled and the following substituted
in lieu thereof :
TABLE (F. )
1. The owner of any steam-vessel of less than fifty tons burden desirous of obtaining
a
licence to carry passengers for hire within the waters of the Colony , or to or from
Hongkong and any place outside the waters of the Colony, shall cause the said vessel
to be surveyed by a Government surveyor or surveyors.
1556 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
2. A certificate of the Government surveyor or surveyors, shall contain statements
of the ollowing particulars :
(a .) That the hull, length breadth depth =
tons, 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 qualification recognised by the
Board of Trade, or 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 not less than 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 passen
gers and crew which the vessel is certified to carry.
( 1 ) That the vessel is properly fitted with bow and mast-head lights and also
a riding light, in accordance with the international regulations.
(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. A certificate of the Government surveyor or surveyors shall contain statements
of the following particulars :――
(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 con
structed as to be out of the control of the engineer when the steam is
up, and is not loaded beyond the pressure permitted by the surveyor's
certificate.
(b.) The time for which such machinery will be sufficient.
(c. ) That the engineer of the vessel possesses a certificate of qualification
recognised by the Board of Trade or a certificate of competency from the
Harbour Master of Hongkong.
4. Such certificates shall be in force for a period not exceeding twelve 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 surveyor's declaration for
a period not exceeding twelve months.
ORDINANCE No. 8 OF 1879 . 1557
Merchant Shipping.
6. Every vessel licensed under this Ordinance shall have her name in English and
Chinese legibly painted on her stern and on each bow together with the number of
passengers she is licensed to carry.
7. A fee of five dollars for each certificate shall be payable to the Government.
8. 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.
9. A fee of two dollars and a half for the examination of a master or engineer of a
steam -launch shall be payable to the Harbour Master for the Government, and such master
or engineer, shall, if he obtains a certificate, produce three copies of a photograph of
himself, one to be attached to his certificate of competency, one to be attached to the
licence of any vessel to which he may belong and one for record in the Harbour Office ;
and when a master or engineer is transferred from one steam -launch to another steam -
launch, he shall produce a photograph of himself to be attached to the licence of the
vessel to which he is to be transferred .
10. The certificate granted by the Harbour Master to the master or engineer of a
steam -launch may, with the approval of the Governor, be suspended or cancelled by the
Harbour Master, if it shall be proved to his satisfaction, after due enquiry held by him,
that the said master or engineer has been guilty of incompetency or negligence in the
performance of his duty as master or engineer.
11. The owner of every licensed steam- launch shall cause the licence to be framed
and exhibited in a conspicuous part of the cabin, so as to be visible to all persons of
beard the said vessel .
12. If the owner of a licensed steam -launch wishes to employ his vessel for purposes
other than for the conveyance of passengers within the waters of the Colony, or to or
from Hongkong and places without the waters of the Colony, the licence shall be
delivered to the Harbour Master to be retained by him during the period of such
employment.
Regulations for the licensing, management, and control of boats, made by the
Governor in Council , the 21st day of December, 1889, under the pro
visions ofsection 39 of Ordinance 8 of 1879. ( Gazette
28th December , 1889. )
These regulations apply in respect of all boats or vessels hereinafter mentioned
within the waters of this Colony, except :
(a.) Boats or vessels having British, Colonial, or Foreign registers ( not being
Chinese registers ) .
(b.) Market boats, or vessels or junks within the meaning of chapter I of part
III of Ordinance 8 of 1879.
1558 ORDINANCE No. 8 OF 1879.
Merchant Shipping.
General.
1. All boats referred to in these regulations must be duly licensed as therein
directed, and no person shall engage or let out for hire any such boat unless it has been
so licensed.
2. Every person in charge of a licensed boat must show his licence when required
to do so by any officer of the Police, Registrar General's, or Harbour Departments, or
Ordinance 1 by the employer of such boat, each of whom is hereby empowered to board and examine
of 1862. § 15.
such boat.
3. All boats may be stopped and searched by the Police.
4. Every boat shall go alongside a wharf when ordered to do so by a Police con
stable, and shall, when conveying passengers, be carefully steered, and travel with
reasonable expedition .
5. The Registrar General is authorised to refuse a licence, or, if a licence has been
granted, to withdraw the same and cause it to be forfeited, in respect of any boat which
has been reported to him by the Police not to be as regards repairs and cleanliness in a
state fit for public use ; or for any misconduct on the part of the licensee, or any of the
crew ofthe boat.
6. The licensee of every boat will be held responsible for any breach of these regu
lations, and for any misconduct on the part of himself or of the crew of his boat.
7. No boat shall lie or ply for hire within 300 feet of any ship - of-war without the
written permission of the Harbour Master or of the officer in command of such ship-of
war.
8. Any breach of these regulations shall be punishable with a penalty not exceeding
100 dollars, or , in default of payment, with imprisonment not exceeding 3 months, with
or without hard labour.
Cargo boats.
9. Cargo boat licences shall be issued by the Registrar General on production of a
certificate from the Harbour Master or his deputy, stating the particulars required by
form A. hereto annexed. A fee of one dollar shall be payable to the Harbour Master
for this certificate. The applicant shall furnish the Registrar General with his photo
See Regulations graph and shall also give such security for his appearance when required as the Registrar
4th March, 1881.
General may demand . Each licence shall be numbered, and shall not be transferable.
10. Each licence shall state the length, breadth, depth, and deadweight capacity
of the boat, together with the scale of fares, and shall be valid for one year only, from
the 1st April.
11. Every boat for which a licence has been granted shall carry on each bow and
on its stern, legibly painted upon wood, the number of its licence in figures 24 inches
in height, and no other number. Such number shall not be concealed, and such boat
See Ordinance 1 shall, between sunset and sunrise, exhibit a light, visible all round, not less than two
of 1862. § 15. feet above the gunwale.
12. No boat shall have a false bottom , or any other secret compartment for the
concealment of goods or persons.
ORDINANCE No. 8 OF 1879. 1559
Merchant Shipping.
13. No licensee shall refuse to let his boat, except for some reasonable cause.
14. Cargo boats will only be allowed to carry such passengers as may be in charge
of goods or baggage for the conveyance of which the boat is hired, or who may be
required or may have been required to assist in loading or unloading.
15. The following licence fees shall be charged-
1st class boat, ........ 800 piculs capacity and upwards, .. $ 20.00
2nd Do. , under 800 and not less than 450 piculs capacity, $ 10.00
3rd Do. , under 450 and not less than 100 piculs capacity, $ 5.00
4th Do. , under 100 piculs capacity, $ 3.00
-:
16. The following table indicates the maximum scale of hire for cargo boats :
Per day or night of 12 hours. Per load.
First class boat,. $10.00 $5.00
Second ,, 5.00 3.00
Third 99 3.00 2.00
Fourth "" 1.50 1.00
Rowing boats plying for hirefor passengers only.
17. Licences shall be issued by the Registrar General on production of a certificate
from an inspector of Police, stating the particulars required by form B. annexed . The
applicant must furnish such security for his appearance when required, or for the
production of the boat, as the Registrar General may demand. Each licence shall be
numbered, and shall not be transferable.
18. No boat shall carry more than the number of passengers for which it is licensed .
19. Licences shall state the length and breadth of the boat, together with scale of
fares, and shall be valid for one year only, from the 1st July.
20. Every licensed boat shall carry on each bow and on the stern, legibly painted
upon wood, the number of its licence in figures at least 2 inches in height, and no other
number, and such number shall not be concealed. Such boat shall , between sunset and
sunrise, exhibit a light at the bow, visible all round ; and shall also keep a lighted Ordinance 1 of
1862. $ 15.
lantern with the licence number either painted on the glass or cut in on the frame in
figures at least 2 inches in height, to be produced when demanded .
21. No person in charge of a boat shall demand more than the fare provided by Ordinances of
1858. § 17.
these rules , nor shall he refuse to take a passenger, except for some reasonable cause,
anywhere between the North point of Hongkong and Hunghom point on the East ;
Belcher's Bay and West point of Stone Cutters' Island on the West ; Shamshuipò and
West point of Stone Cutters' Island on the North.
22. The person in charge of the boat shall shew the scale of fares to anyone demand
ing to see it.
1560 ORDINANCE No. 8 OF 1879 .
Merchant Shipping.
23. The following licence fees shall be charged in respect of boat licences :
For 1st class boats measuring upwards of 40 feet in length , ...... $ 10.00
For 2nd "2 29 from 30 to 40 feet in length, $ 7.00
For 3rd "" "" from 20 to 30 feet in length, $ 5.00
For 4th 29 from $ 3.00
36
12 to 20 feet in length,
For 5th "" "" less than 12 feet in length, ....
.. .$ 1.00
Village Boats, ...... $ 0.50
24. The following table indicates the maximum scale of hire for rowing boats :
Per day of 12 hours.
For 1st class boats, . $2.00
For 2nd class boats, ...$ 1.50
For all other boats, .. $ 1.00
Per hour with two passengers.
All boats, .20 cents.
Half an hour, ....10 ""
For each extra passenger 5 cents for half-an-hour, 10 cents per hour.
Between sunset and sunrise 5 cents extra per passenger .
Cinder boats, bum boats, hawkers' boats, and marine dealers' boats.
25. Licences shall be issued by the Registrar General on production of a certificate
from an inspector of Police, stating the particulars required by form C. annexed . The
applicant must furnish such security for his appearance when required , or for the pro
duction of the boat, as the Registrar General may demand. Each licence shall be
numbered, and shall not be transferable.
26. Licences shall state the length and breadth of the boat, and shall be valid for
one year only, from the 1st July.
27. Every licensed boat shall carry on each bow and on the stern, legibly painted
upon wood, the number of its licence in figures at least 2 inches in height, and no other
number, and such number shall not be concealed . Such boat shall, between sunset and
Ordinance 1 of sunrise, exhibit a light at the bow, visible all round ; and shall also keep a lighted lantern
1862. § 15.
with the licence number either painted on the glass or out in on the frame in figures at
least 2 inches in height, to be produced when demanded .
―――――――――
28. The following licence fees shall be charged :
For 1st class boats measuring upwards of 40 feet in length, ... ... $5.00
For 2nd 99 29 from 30 to 40 feet in length, .. $3.00
For 3rd "" 27 from 20 to 30 feet in length , .. $2.00
For 4th "" "" from 12 to 20 feet in length, .. $ 1.00
For 5th 99 "" less than 12 feet in length, ...... $0.50
ORDINANCE No. 8 OF 1879 . 1561
Merchant Shipping.
Form A.
SECTION 39 OF ORDINANCE 8 OF 1879.
No.
VICTORIA, 18
Class
Certified that I have examined the cargo boat owned by
applicant for a licence, and that I find the boat is in all respects fit and proper to be
employed in the transmission of cargo.
NUMBER AND AGES OF PERSONS ON BOARD.
Length
MALES. FEMALES.
Over 12. Under 12. Over 12. Under 12.
Breadth
* Piculs.
Capacity,
Fee $1.
Inspector of cargo boats.
Form B.
SECTION 39 OF ORDINANCE 8 OF 1879.
No.
Class.
VICTORIA, 18
Certified that I have examined the passenger boat owned by.
applicant for a licence, and that I find the boat is in all respects fit and proper to be
employed in the conveyance of. passengers.
NUMBER AND AGES OF PERSONS ON BOARD.
Length
MALES. FEMALES.
Over 12. Under 12. Over 12. Under 12.
Breadth
Inspector ofPolice.
1562 ORDINANCE No. 8 of 1879 .
Merchant Shipping.
Form C.
SECTION 39 OF ORDINANCE 8 OF 1879 .
No.
Class. VICTORIA, 18
Certified that I have examined the *. boat owned by
applicant for a licence, and that I find the boat is in all respects fit and proper to be
used in that capacity.
NUMBER AND AGES OF PERSONS ON BOARD .
Length
MALES. FEMALES.
Over 12. Under 12. Over 12. Under 12.
Breadth
Inspector of Police.
* State whether bum boat, etc.
Orders made by the Governor in Council, pursuant to The Merchant Shipping
Consolidation Ordinance, 1879, section 34, and Ordinance No. 35 of 1889,
on the 11th March, 1890. [ Gazette the 15th March, 1890. ]
1. From and after the first day of April , 1890 , all ships which enter the waters of
the Colony except British and foreign ships of war, and except such other skips as
are hereby exempted in whole or part, shall pay the following light dues in substitution
for the light dues hitherto imposed ; viz.:
Two and a half cents per ton.
2. All steamers , plying only between Hongkong and Canton or Macao, which
enter the waters of the Colony by day and all Chinese junks, are hereby exempted
from the payment of such light dues.
3. All steamers, plying only between Hongkong and Canton or Macao, which
enter the waters of the Colony by night, shall pay one cent only per ton. [ Amended
by Order 26th June, 1890. ]
Regulation concerning cancelled certificates of competency as masters, mates,
or engineers in the mercantile marine. ( Gazette 14th June, 1890. )
Persons who once held certificates of competency as masters, mates, or engineers
in the mercantile marine, but who from any cause have had them cancelled shall as a
rule be re-examined before they are again allowed to hold a certificate of the same
grade, and upon their passing the examination a new certificate shall be issued to them
and the old one destroyed .
In those exceptional cases where re-examination is dispensed with, the original
certificate shall be returned .
[ See section 13 of the Ordinance. ]
ORDINANCE No. 8 OF 1879 . 1563
Merchant Shipping.
Order made bythe Governor in Council ofthe 26th June, 1890. ( Gazette 28th June, 1890. )
Government Notification No. 101 of the 15th March, 1890 , is hereby amended
that the steamers plying only between Hongkong and Canton or Macao, which enter
the waters of the Colony by night shall pay two-thirds of a cent per ton .
Regulation for the licensing management and control of boats made
by the Governor in Council the 19th day of August, 1890, under
the provisions of section 39 of Ordinance 8 of 1879 in
addition to those published in the Government Gazette
of the 28th day of December, 1889. ( See Gazetle
23rd August, 1890.)
WATER BOATS .
Licences for water boats shall be issued by the Registrar General upon the produc
tion of a certificate from an inspector of Police stating the particulars required by form
Cannexed to the regulations published in the Government Gazette of the 28th Decem
ber, 1889, and certifying that the said boat is fit and proper to be used as a water boat.
The applicant must furnish such security for his appearance when required or for the
production of the boat as the Registrar General may require.
The licence fees to be charged for water boats shall be the same as provided in
regulation 23.
NOTE. -For the existing Quarantine Regulations, see at foot of Ordinance No. 9 of 1883.
The following regulations have either been repealed or superseded : —
Rules and regulations of the 6th May, 1868, made under Ordinance 4 of
1867 and continued under Ordinance No. 8 of 1879, see Gazette 9th
May, 1868.
Regulations of the 20th August, 1880, for the control of boats and boatmen,
see Gazette 21st of the same month .
Quarantine regulations under section 25 (repealed) of the 27th January.
1881, see Gazette 29th of the same month.
Additional regulation under sections 39 and 42 of the 5th March, 1881 , see
Gazette of same date.
Quarantine regulations under section 25 (repealed) , of25th July, 1882, see
Gazette 29th of the same month.
For boat regulation of 25th July, 1882, see Gazette 29th of the same month.
Scale of charges for storage of gunpowder of26th May, 1883, see Gazette
ofthe same date.
Regulation under section 7 subsections 3 and 4 of the 11th June, 1886, see
Gazette of the 12th of same month.
Regulations of the 31st May, 1887, see Gazette of the same date.
Regulations for the licensing &c. , of boats and boatmen of26th August, 1887..
see Gazette ofthe 27th ofthe same month.
1564 ORDINANCE No. 1 OF 1880 .
Revenue.
No. 1 of 1880.
An Ordinance to authorize the Appropriation of a Supplementary Sum
of Fifty- one thousand Seven hundred and Seventy- seven Dollars
and Ninety Cents to defray the Charges of the Year 1879 .
[ 31st August, 1880. ]
HEREAS it has become necessary to make further provision for the public
W service of the Colony for the year 1879, 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 of fifty-one thousand seven hundred and seventy- seven dollars and ninety
Estimates, 1879.
cents shall be and the same is hereby charged upon the revenue of this Colony for the
service of the year 1879, the said sum so charged being expended as hereinafter specified ;
that is to say :—
ESTABLISHMENTS : $ C.
Governor,....... 3,154.24
Colonial Secretary , 717.08
Auditor General, ……………
. 2,957.44
Judicial, .... 2,761.99
Medical, ....... 785.79
TOTAL ESTABLISHMENTS ,......$ 10,376.54
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Judicial, 66.90
Police Magistrates, 38.36
Gaol, ......... 2,355.90
Fire Brigade, 3,623.41
Transport,....... 184.35
Works and Buildings , ……
..... 12,539.61
Roads, Streets, and Bridges, 6,029.81
Miscellaneous Services, .... 11,076.07
Land and Houses purchased, 80.00
Military Contribution, 5,406.95
TOTAL EXCLUSIVE OF ESTABLISHMENTS, ... $41,401,36
TOTAL,……. .$ 51,777.90
[Repealed by Ordinance No. 4 of 1887.]
ORDINANCES Nos . 2 AND 3 OF 1880 . 1565
Chinese Emigration. Merchant Shipping Amendment.
No. 2 of 1880.
An Ordinance entitled , -" The Emigration Ordinances Amendment Ordi
nance, 1880. "
[ 31st August, 1880. ]
}
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BE Council thereof, as follows :
1. Section 2 of Ordinance 5 of 1876 is hereby amended, by substituting for the Amending
section 2 of
words "Governor in Council " the word " Governor " wherever the said words " Governor Ordinance
No. 5 of 1876.
in Council " appear in the said section .
2. Ordinance 1 of 1878 is hereby amended , by substituting for the words " Governor Amending
Ordinance
in Council" the word " Governor" wherever the said words " Governor in Council " No. 1 of 1878.
appear in the said Ordinance . +
3. This Ordinance shall not come into operation until Her Majesty's confirmation Suspending
clause.
of the same is proclaimed by the Governor.
[ Confirmation never proclaimed : Repealed by Ordinance No. 4 of 1887. ]
No. 3 of 1880 .
―――――
An Ordinance entitled , " The Merchant Shipping Consolidation
Ordinance Amendment Ordinance , 1880."
[ 31st August, 1880. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :-――――
1. The Merchant Shipping Consolidation Ordinance, 1879 , is hereby Amending Ordi
nance No.to
amended as follows , that is to say, 1879.
Sub-section 9 of section 5 , by substituting for the words " twenty
five " the words " twenty -eight."
Sub- section 3 of section 13, by striking out the words " mate
rially " and " material .”
Sub-section 7 of section 16, by substituting for the words " an
English " the words " a British . "
Sub- section 1 of section 27 , by striking out the words " from
the starboard foreyard arm or," and by inserting after the
words " can best be seen " the words " but at a height not
exceeding 20 feet above the hull. "
1566 ORDINANCES Nos . 4 AND 5 OF 1880 .
Naturalization. Security of the Colony.
No. 4 of 1880 .
An Ordinance for the naturalization of ERNEST JOHN EItel ,
Master of Arts, Doctor of Philosophy, Inspector of Schools ,
& c. , & c.
[31st August, 1880. ]
HEREAS ERNEST JOHN EITEL has petitioned to be naturalized as
W
a British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
I
follows :
Naturalization ERNEST JOHN EITEL, Master of Arts , Doctor of Philosophy, Ins
of Dr. EIT. I..
pector of schools , & c . , & c . , shall be , and he is hereby naturalized a British
PARLAMA____
subject within this Colony, and shall enjoy within this Colony, but not
elsewhere, all the rights , advantages and privileges of a British subject,
on his taking the oath of allegiance under the provisions of the " Promis
sory Oaths Ordinance, 1869. "
No. 5 of 1880 .
An Ordinance to amend Ordinance 9 of 1857.
[ 31st August , 1880. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
B -
Council thereof, as follows :
Amending sec 1. Section 8 of Ordinance 9 of 1857 is hereby amended by striking out the words.
tion 8 of Ordi
nance No. 9 of " or (if such Justice shall think fit and the offender shall be a Chinaman) of not more
1857.
than fifteen blows nor less than five blows."
NOTE :-Ordinance No. 9 of 1857 has been repealed.
1
ORDINANCES Nos. 6 AND 7 OF 1880. 1567
Status of French Mail Steamers. Gaol Amendment.
#
No. 6 of 1880 .
An Ordinance entitled ,-" An Ordinance to make temporary provision
for securing the status of French Mail Steamers within the Ports of
the Colony of Hongkong ."
[ 31st August, 1880. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
B Council thereof, as follows : ---
1. The steam packets of the Compagnie des Messageries Maritimes, employed Status of Mes
sageries Mari
by the French Post Office in carrying mails to and from this Colony, shall, when in the times steamers.
ports of this Colony, be considered and treated as vessels of war, and shall be entitled
to all the rights, privileges and immunities of vessels of war, and shall not for any
cause be diverted from their special duties, or be liable to seizure or detention by order
of any Court or Judge.
2. Nothing contained in this Ordinance, and no rights or privileges hereby granted, Saving rights of
Crown .
shall affect the rights of Her Majesty the Queen, Her Heirs or Successors.
3. This Ordinance shall continue in force, until the first day of September, A.D. Expiry of Ordi
nance.
1881 , inclusive.
NOTE . - The Ordinance was continued in force by annual enactment down to April
30th, 1890.
No. 7 of 1880 .
An Ordinance entitled , --" The Prisons Regulations Amendment Ordi
nance, 1880."
[ 31st August, 1880. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :--
:
1. Ordinance 2 of 1878 is hereby repealed. Ordinance 2 of
1878 repealed.
2. Section 11 of Ordinance 4 of 1863 is hereby amended, by omitting the words Amending
46 section 11 of
or if the prisoner be under conviction of felony to punish by moderate corporal Ordinance 4 of
1863.
punishment not exceeding twelve strokes of a rattan ," and by adding at the end of the
section the words " Provided that no imprisonment under this section shall continue
after the expiration of the period for which the offender was originally sentenced to
imprisonment by lawful authority."
3. Section 12 of the same Ordinance is hereby amended, by inserting after the Amending
section 12 of
words "above offences" the words "with the exception of idleness or negligence in Ordinance 4 of
1863.
work," and by substituting for the words " Such Superintendent in conjunction with
any Justice of the Peace " the words " any Police Magistrate," and by adding at the
end of the section the words " Punishments imposed under this section shall be valid
for all purposes notwithstanding the expiration of the period for which the offender
was originally sentenced to imprisonment by lawful authority."
1568 ORDINANCES Nos . 7 AND 8 OF 1880 .
Gaol Amendment. Revenue.
Amending
section 13 of 4. Section 13 of the same Ordinance is hereby amended, by omitting the words
Ordinance 4 of
1863. "and no such punishment shall be inflicted until after the expiration of 12 hours after
the prisoner shall have been sentenced thereto under the two sections next preceding."
[Disallowance proclaimed 2nd September, 1881.
Repealed by Ordinance No. 4 of 1887. ]
No. 8 of 1880.
An Ordinance to apply a sum not exceeding Eight hundred and Fourty
five thousand eight hundred and Thirty- eight Dollars to the Public
Service of the Year 1881 .
[ 10th September , 1880. ]
Estimates, 1881 . HEREAS the expenditure required for the service of this Colony for the year
WH 1881 has been estimated at the sum of eight hundred and forty-five
thousand, eight hundred and thirty-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 forty-five thousand , eight hundred and
thirty-eight dollars shall be, and the same is hereby charged upon the revenue of this
Colony for the service of the year 1881 , and the said sum so charged may be expended
-
as hereinafter specified ; that is to say :
ESTABLISHMENTS : $ C.
Governor, ... 7,758.00
Colonial Secretary, 8,384.00
Auditor General, ..... 20,209.00
Colonial Treasurer, 4,150.00
Clerk of Councils, ...... 100.00
Surveyor General, ...... 30,397.00
Government Gardens and Plantations , 5,322.00
Postmaster General, 26,100.00
Registrar General,.... 13,234.00
Harbour Master, 30,404.00
Lighthouses , .... 7,508.00
Collector of Stamp Revenue, 4,642.00
Judicial, ..... 27,718.00
Ecclesiastical, 1,158.00
Educational, ..... 24,363.00
Medical, ...... 16,224.00
Police Magistrates , 7,207.00
Police, 144,480.00
Gaol, 26,136.00
Fire Brigade,.…………………….. 8,802.00
Total Establishments, $ 414,296.00
ORDINANCES No. 8 OF 1880 AND No. 1 OF 1881 . 1569
Revenue. Macao Extradition.
Brought forward,.... $414,296.00
SERVICES EXCLUSIVE OF ESTABLISHMENTS :--
Colonial Secretary, 540.00
Colonial Treasurer, 1,500.00
Surveyor General, 1,800.00
Postmaster General, 57,900.00
Registrar General, ...... 25.00
.....
Judicial, ... 500.00
Ecclesiastical, 500.00
Educational, ....... 9,756.00
Medical, ...... 11,440.00
Police Magistrates, 390.00
Police, 33,009.00
Gaol,..... 20,520.00
Fire Brigade, 6,294.00
Charitable Allowances , .... 4,000.00
Transport, ...... 4,500.00
Works and Buildings,... 78,800.00
Roads, Streets, and Bridges, 40,520.00
Lighthouses, 3,000.00
Government Gardens and Plantations, 12,000.00
Miscellaneous Services, 37,800.00
Military Contribution, 106,748.00
GRAND TOTAL,…… .$845,838.00
[ Repealed by Ordinance No. 4 of 1887. ]
No. 1 of 1881 .
An Ordinance entitled " The Macao Extradition Ordinance, Title.
1881. "
[ 14th March, 1881. ]
HEREAS persons who have committed certain crimes within the Preamble.
territory of Macao may escape to this Colony and it is expedient
to provide for the apprehension of such fugitives from justice and for
their surrender to the Government of Macao in order that they may be
dealt with according to law : Be it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows : —
1. This Ordinance may be cited as " The Macao Extradition Ordi Short title.
nance, 1881. "
1570 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
Interpreta
tion. 2. In the interpretation of this Ordinance , the expression " Governor
of Macao " shall include the person for the time being administering
the Government of Macao.
The expression " territory of Macao " shall extend to any place
within the jurisdiction of the Government of Macao, and
shall include the high seas.
The expression " Superintendent of the Gaol " shall mean the
Superintendent of Victoria Gaol or the keeper of any prison
or place of custody for criminals within this Colony.
Upon requisi 3. In case requisition is at any time made by the Governor of
tion the
Governor may Macao to the Governor of the Colony to deliver up to justice any person
issue warrant
to Police who, being accused or convicted of any of the crimes and offences specified
Magistrate.
in the first schedule of this Ordinance, and alleged to have been com
mitted either before or after the passing of this Ordinance within the
territory of Macao, has taken refuge within this Colony, the Governor
of this Colony may, if he in his discretion thinks fit, by warrant under
his hand and seal signify that such requisition has been made , and
require the Police Magistrates to govern themselves accordingly and to
aid in apprehending the person so accused or convicted , and hereinafter
referred to as the fugitive.
Warrant or 4. Upon the issue of such warrant any Police Magistrate may issue
order of
Magistrates. his warrant for the apprehension of the fugitive, and if he be already in
custody, issue an order to the Superintendent of the Gaol forthwith to
bring the fugitive before him to be dealt with in manner hereinafter
provided .
Proeedings 5. If the fugitive be apprehended , or if he be already in custody, he
before the
Magistrate. shall be brought forthwith before the Magistrate, and the following
conditions and regulations shall be complied with :
Production of 1. There must be the production before the Magistrate of a
warrant of.
arrest. valid warrant of arrest issued by a Judge or other com
petent Magistrate having authority within the territory
of Macao to take cognizance of the crime charged, and
clearly setting forth such crime.
Evidence in 2. In the case of a person accused but not convicted , such
case of person
accused. evidence shall be produced to the Magistrate as would in
his opinion justify the apprehension of the fugitive if the
crime of which he is accused had been committed within
ORDINANCE No. 1 OF 1881 . 1571
Macao Extradition.
1
the jurisdiction of this Colony, with this qualification ,
that copies of depositions signed or taken before any such
Judge or other competent Magistrate as aforesaid and
authenticated in manner hereinafter provided may be
PREDS
received in evidence of the criminality of the fugitive.
3. In the case of a person convicted , a copy of the conviction , Evidence in
case of a
authenticated in manner hereinafter provided , shall be person con
victed.
produced : But if it should appear that the conviction
was pronounced in the absence of the accused for con
tumacy in not having surrendered to take his trial , the
same evidence shall be produced to the Magistrate as in
the case of a person accused but not convicted .
4. In every case proof of the identity of the fugitive must be Proof of
identity.
given to the satisfaction of the Magistrate.
5. Warrants of arrest and copies of depositions , signed or taken Authentica
tion of docu
before any such Judge or other competent Magistrate, as ments.
aforesaid, and copies of convictions , shall be received in
evidence, if the warrant of arrest purports to be signed by
such Judge or Magistrate and if the copies of depositions
purport to be certified under the hand of such Judge or
Magistrate to be true copies of the original depositions, and
if the copy of the conviction purport to be certified under
the hand of the Judge of the Court by which the fugitive
was convicted to be a true copy of the original conviction .
The signature of every such Judge or Magistrate and his
authority to take cognizance of the crime or offence charged,
shall be sufficiently proved if the document purport to be
sealed with the official seal of the Governor of Macao, and
all Courts of Justice in this Colony shall, for the purpose
of this Ordinance, take judicial notice of such seal , and
shall admit the documents so authenticated by it to be
received in evidence without further proof.
6. The original warrant of arrest and the copy of the depositions , Documents to
be read to the
or, as the case may be, the copy of the conviction , shall be fugitive, who
must be asked
read to the fugitive , and he shall be asked if he has any to show cause.
valid cause to show why he should not be committed to
gaol to await the order of the Governor in Council.
1572 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
Committal. 6. If the fugitive fails to show cause to the satisfaction of the
Magistrate why he should not be committed, and if the Magistrate is of
opinion that there is sufficient primâ facie evidence to establish the
criminality of the fugitive, he shall commit him to gaol , there to await
Proviso as to
the order of the Governor in Council : Provided that before any such
appeal and
writ of habras committal , the Magistrate shall inform the fugitive that a period of fifteen
corpus.
days will be allowed him to appeal to the Supreme Court if he shall think
fit, under section 7 , or to apply for a writ of habeas corpus.
Appeals to 7. Ordinance 4 of 1858 as to appeals from the decisions of Magistrates
Supreme
Court. shall not apply to proceedings under this Ordinance, but the following
rules as to appeals shall be observed , that is to say :
Appeal from 1. If the fugitive desires to appeal to the Supreme Court against
order of
committal. Magistrate's order of committal and notifies such desire.
to the Magistrate at any time before the expiration of fifteen
days from the date of such order ; or if the Attorney General
desires to appeal to the Supreme Court against a Magistrate's
Appeal from order of discharge of a fugitive and notifies such desires to
order of
discharge . the Magistrate at any time before the actual discharge of
the fugitive, the Magistrate shall, subject to the provision
in rule 3 hereinafter contained, grant such appeal and
Transmission transmit forthwith to the Registrar of the Supreme Court
ofdepositions ,
&c. the depositions and all other documents relating to the
case, together with any statement in writing which he may
think fit to annex in relation thereto.
Fugitive to 2. If the appeal is by the Attorney General against an order of
remain in
custody. discharge, such order shall be suspended until the conclusion
of the appeal, and the fugitive shall be detained in custody
until further order of the Magistrate, or of the Supreme
Court.
Frivolous 3. If the appeal is by a fugitive against an order of committal
appeal by
fugitive. and the Magistrate has reason to believe that the appeal is
merely frivolous, he may refuse to grant the same.
Petition for 4. In case the Magistrate refuses to grant an appeal to a fugitive
order of
appeal. on the ground that the same is frivolous, the Supreme Court
may , if it thinks fit, upon the fugitive's petition in writing,
setting forth the grounds of appeal , make an order directing
the Magistrate to grant the appeal.
ORDINANCE No. 1 OF 1881 . 1573
Macao Extradition.
5. The Magistrate shall cause notice of his intention to discharge Notices
Crown to
a fugitive (otherwise than in pursuance of any decision of Solicitor.
the Supreme Court ) , and also of any appeal by a fugitive
against his committal , to be served upon the Crown
Solicitor, and no fugitive shall be discharged by a Magistrate
(otherwise than aforesaid ) , unless the Attorney General has
had an opportunity of being heard in opposition thereto,
and of giving notice of appeal.
6. Every appeal under this Ordinance may be heard in vacation Proceedings
on appeal.
and either in Court or in Chambers, and shall be set down
for hearing on such early day and at such hour as the
Chief Justice appoints, notice whereof shall be given in
writing by the Registrar to the Superintendent of the Gaol,
who shall on the day and hour appointed bring the fugitive
before the Chief Justice ; and on the hearing of the appeal
the Chief Justice may , if he thinks fit, receive any new
evidence and may either affirm or reverse the decision of
the Magistrate according as he is of opinion that there is ,
or is not, sufficient primâ facie evidence of the criminality
of the fugitive or that the conditions and regulations of
section 5 have, or have not , been complied with, and may
order the fugitive to be committed to gaol or to be dis
charged, as the case may be, or make any other order with
respect to the said matter as may be requisite to the due
adjudication thereof.
8. The Magistrate before whom a fugitive is brought under this Magistrate's
report to
Ordinance shall, at the conclusion of the case, send a report thereon to Governor.
the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion Grant of
extradition
of the Governor in Council it seems fit, after the expiration of fifteen days warrant.
from the date of the committal of a fugitive by a Magistrate or, in case of
any proceeding by appeal or writ of habeas corpus, then subject to the
decision of the Supreme Court thereon , and subject also to the provisions.
of sections 10 and 11 hereinafter contained, by order directed to the
Superintendent
ofthe Gaol and hereinafter called an
" Extradition Order "
to order the fugitive so committed to be delivered to such person as shall
1574 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
Custody and by warrant under the hand and seal of the Governor of Macao be authorized
surrender of
fugitive. to receive him , and such fugitive shall be delivered up accordingly ; and
the person authorized as aforesaid may hold such fugitive in custody, and
convey him to any place within the territory of Macao, and if such
Provision as fugitive escapes out of any custody to which he is committed or to which
to escape .
he is delivered as aforesaid, it shall be lawful to retake him in the same
manner as any person accused of any felony committed within this Colony
may be retaken upon an escape : Provided that in every case where before
the expiration of the said period of fifteen days the order of committal has
been affirmed on appeal or the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his discharge, it
shall be lawful for the Governor in Council in such discretion and subject
as aforesaid, to grant an extradition order without further delay.
Political 10. No extradition order shall be granted by the Governor in Council
offences.
in any case where in the opinion of the Governor in Council the requisi
tion for the extradition of the fugitive has been made for political reasons.
or a political offence is involved in the crime charged ; but it shall not be
open to the fugitive to claim his discharge from custody on such ground
before any Judge or Magistrate, and any attempt against the life of the
Governor or of any public officer or member of the Government of Macao
shall not be deemed a political offence.
Where fugi 11. No extradition order shall be granted by the Governor in Council
tive is under
going senten in respect of any fugitive who is undergoing any sentence of imprison
ce in this
Colony. ment pronounced by any of the Courts of this Colony, or who is charged
with any crime or offence cognizable by the said Courts, until the expira
tion or previous determination of such sentence or of any sentence which
may be pronounced upon his trial for such crime or offence, or until his
acquittal or the abandonment of such charge.
The Governor 12. The Governor in Council may at any time issue an order directed
may issue
order of to the Superintendent of the Gaol for the release of any fugitive in custody
release.
under this Ordinance in respect of whom the Governor in Council does
not think fit to issue an extradition warrant, and thereupon such fugitive
shall be forthwith discharged from such custody.
Fugitive may
apply to the 13. Where any fugitive who has been committed under this Ordi
Supreme
Court for his nance is not delivered up pursuant thereto, and conveyed out of this Colony
discharge if
within one month after the date of such committal , the Chief Justice may
ORDINANCE No. 1 OF 1881 . 1575
Macao Extradition.
not delivered
at any time, upon application made to him by or on behalf of the fugitive, up within a
and upon its being proved to his satisfaction that reasonable notice ofthe certain time .
Notice to be
intention to make such application has been given to the Crown Solicitor,
given to the
Crown
order the fugitive so committed to be discharged out of custody, unless Solicitor.
sufficient cause is shown to him why such discharge ought not to be
ordered : Provided that in every case where such fugitive has appealed to
the Supreme Court or has applied for a writ of habeas corpus the said
period of one month shall be computed from the date of the decision of
the Supreme Court upon such proceeding , and in every case within section
11 the said period shall be computed from the date of the expiration of
the fugitive's sentence or of his acquittal or of the abandonment of the
charge as therein mentioned .
14. The Governor in Council may, from time to time, by order to be Power to add
to the sche
published in the Gazette, declare that any crime or offence specified in dule of crimes
and offences.
such order, and not included in the first schedule hereto , shall form part
thereof, and from and after the date of the publication of such order, the
several crimes and offences specified therein shall come within the opera
tion of this Ordinance as if the same had been originally included in the
said schedule.
Power to ex
15. The Governor in Council may at any time by order to be
punge any
crime or
published in the Gazette, declared that any crime or offence specified in offence from
the first schedule hereto , or which may hereafter be added to the said schedule.
schedule as hereinbefore provided , shall no longer form part thereof, and
from and after the date of the publication of such order, such crime or
offence shall cease to come within the operation of this Ordinance.
16. All expenses incident to the apprehension , detention , mainte Expenses of
extradition.
nance, and delivery of a fugitive under this Ordinance, shall be borne by
this Colony .
17. If any action be brought against a Magistrate, gaoler, officer of Protection to
Magistrate.
Police, or any other person for anything done in obedience to any warrant gaoler, &c.,
acting under
or order issued under the provisions of this Ordinance, the proof of such warrant.
warrant or order shall be a sufficient answer to such action , and the
defendant or defendants on such proof as aforesaid shall be entitled to a
verdict or judgment in his or their favour, and shall also be entitled to
Lis or their full costs of suit.
1576 ORDINANCE No. 1 or 1881 .
Macao Extradition.
Forms in
second sche 18. The forms given in the second schedule to this Ordinance or
dule may be forms to the like effect, with such variations and additions as circums
used.
tances require, may be used for the purposes therein indicated , and instru
ments in those forms shall (as regards the form thereof ) be valid and
sufficient.
Proviso as to
19. In case the Governor in Council shall deem it expedient that
repeal or
suspension of this Ordinance or any part thereof should be repealed , or the operation
Ordinance, or
of any part thereof suspended for any period, it shall be lawful for the Governor of
thereof.
this Colony by proclamation in the Gazette, to declare that this Ordinance
or any part thereof shall be suspended in its operation for any period , or
that the same is repealed , and from the date of the publication of such
proclamation in the Gazette, the said Ordinance or such part thereof as
may be specified in the proclamation shall be deemed to be suspended or
repealed accordingly.
FIRST SCHEDULE .
LIST OF CRIMES AND OFFENCES .
The following list of crimes and offences is to be construed according to the law
existing in the Colony of Hongkong at the date of the alleged crime or offence, whether
by common law or by Imperial Statute or local Ordinance made before or after the
passing of this Ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
Wounding with intent to do grievous bodily harm.
Counterfeiting and altering money and uttering counterfeit or altered money.
Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited
or altered.
Embezzlement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretences .
Crimes by bankrupts against bankruptcy law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public
officer of any company made criminal by any law for the time being in force.
Rape.
Abduction , or forcible taking or detention.
Child- stealing.
ORDINANCE No. 1 OF 1881 . 1577
Macao Extradition.
Burglary and house-breaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with intent to extort.
Piracy by law of nations, or municipal law.
Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
Assaults on board a ship on the high seas with intent to destroy life or to do
grievous bodily harm .
Revolt or conspiracy to revolt by two or more persons on board a ship on the high
seas against the authority of the master.
Desertion from the naval, military or police force.
SECOND SCHEDULE.
FORMS .
1.
(Governor's warrant to Magistrates.)
" THE MACAO EXTRADITION ORDINANCE, 1881."
By His Excellency
Governor and Commander- in - Chief of
this Colony and its dependencies.
To........
Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above Ordinance
for the surrender of one now in this Colony, charged with having
committed the crime of within the territory of Macao and with
being a fugitive from justice ;
You are hereby required to govern yourselves accordingly, and to aid in apprehend
ing the said fugitive and in committing him to gaol for the purpose of his being
delivered up to justice according to the provisions of the said Ordinance, and for so
doing this shall be your warrant.
Given under my hand and seal at Victoria, Hongkong, this day of
18
L.S.
Governor, &c.
By order,
Colonial Secretary.
1578 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
2.
(Warrant of apprehension.)
" THE MACAO EXTRADITION ORDINANCE, 1881."
Hongkong
To all and each of the constables of the Hongkong Police Force.
to wit. S
Whereas His Excellency
Governor and Commander- in-Chief of this Colony and its
dependencies, by warrant under his hand and seal has signified that pursuant to the
above Ordinance, requisition has been duly made to him for delivering up to justice
one now in this Colony, charged with having committed
the crime of within the territory of Macao and with
being a fugitive from justice, and has required the Police Magistrates to govern them
selves accordingly and to aid in apprehending the said fugitive ;
This is therefore to command you in Her Majesty's name forthwith to apprehend
the said fugitive pursuant to the said Ordinance wherever he may be found in this
Colony and bring him before me or any other Police Magistrate sitting in this Court to
answer unto the said charge, and for which this shall be your warrant.
Given under my hand and seal at the Magistrates' Court of this Colony, this
day of in the year of our Lord, 18 •
L.S.
Police Magistrate.
3.
(Order to Superintendent of gaol to bring up prisoner.)
" THE MACAO EXTRADITION ORDINANCE , 1881."
To the Superintendent of Victoria Gaol.
Whereas His Excellency
Governor and Commander-in- Chief of this Colony
and its dependencies, by warrant under his hand and seal has signified that pursuant
to the above Ordinance, requisition has been duly made to him for delivering up to
justice , one
charged with having committed the crime of
within the territory of Macao and with being a fugitive from justice, and has
directed the Police Magistrates to govern themselves accordingly for the purpose of
such fugitive being delivered up to justice under the provisions of the said Ordinance;
And whereas the said fugitive is now detained in Victoria Gaol under your
custody ;
ORDINANCE No. 1 OF 1881 . 1579
Macao Extradition.
You are hereby ordered to bring up the said
forthwith before me or any other Police Magistrate
sitting in this Court to be dealt with as provided by law.
Given under my hand and seal, this day of 18 " at the
Magistrates' Court of this Colony.
L.S.
Police Magistrate.
4.
(Warrant of Committal.)
" THE MACAO EXTRADITION ORDINANCE , 1881."
Hongkong
To
to wit. }
one of the constables of the Hongkong Police Force, and to the Superin
tendent of Victoria Gaol.
Whereas on the day of in the year of our Lord 18 "
late of
was brought before me
one of the Police Magistrates sitting at the Magis
trates' Court of this Colony, charged with having committed on the day of
18 , within the territory of Macao, the crime of
and with being a fugitive from justice ;
And whereas the evidence which has been shown to me of the criminality of the
said
is, in my opinion , sufficient to justify his committal to gaol, pursuant to section 6 of
the above Ordinance ;
This is therefore to command you the said constable in Her Majesty's name forth
with to convey and deliver the body of the said
into the custody of the said Superintendent of Victoria Gaol ; and you the said Super
intendent to receive the said
into your custody in the said gaol and him there safely to keep until he shall be
thence delivered, pursuant to the provisions of the said Ordinance, for which this shall
be your warrant.
Given under my hand and seal at Hongkong , this day of
in the year of our Lord, 18 .
L.S.
Police Magistrate.
1580 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
5.
(Petition offugitive for order of appeal .)
" THE MACAO EXTRADITION ORDINANCE, 1881."
To the Honourable
Chief Justice .
The humble petition of
a prisoner in Victoria Gaol,
Showeth :
1. That your petitioner was on the day of instant, [or last] com
mitted to gaol by A. B. , Esquire, Police Magistrate, as a fugitive from justice,
there to await the order of His Excellency the Governor, under the provisions of
the above Ordinance.
2. That your petitioner has been advised [ or believes] that the said order of committal
ought to be reversed on the following grounds, that is to say:
[State Grounds. ]
3. That your petitioner has given notice to the Magistrate of his desire to appeal
against the said order, but the Magistrate has refused to grant the said appeal.
Your petitioner therefore humbly prays that this Honourable Court will be
pleased to order that the said appeal be granted.
And your petitioner will ever pray, & c. , &c.
6.
(Notices to the Crown Solicitor of the fugitive's appeal or of the Magistrate's
intention to discharge the fugitive.)
" THE MACAO EXTRADITION ORDINANCE , 1881."
MOR
To A. B. , Esquire,
Crown Solicitor.
Whereas one has been brought before A. B. ,
Esquire, one of the Police Magistrates , charged with having on the day of
committed the crime of within the territory of Macao
and with being a fugitive from justice;
ORDINANCE No. 1 or 1881 . 1581
Macao Extradition.
And whereas the evidence which has been shown to the said Magistrate of the
criminality of the said
is not, in his opinion , sufficient to justify his committal to gaol under the provisions of
the above-mentioned Ordinance ;
And whereas by reason thereof, the said Magistrate intends to make an order for
his discharge on next, the day of at the hour of
[or]
And whereas the said Magistrate has ordered the committal of the said fugitive to
gaol under the provisions of the above-mentioned Ordinance ;
And whereas the said fugitive has appealed against the said order of committal ;
This is therefore to give you notice of such intended order [or appeal ] pursuant
to section 7 of the said Ordinance.
Magistrate's Clerk.
Dated the day of 18 .
7.
(Magistrate's Order of Discharge.)
"THE MACAO EXTRADITION ORDINANCE , 1881."
陶
Hongkong
To
to wit. J
Superintendent of Victoria Gaol.
Whereas on the day [or days ] of in the year of our Lord
18 " one late of was brought before me
one of the Police Magistrates sitting at the Magistrates' Court of this Colony,
charged with having committed on the day of 18
within the territory of Macao, the crime of and with being a fugitive from
justice ;
And whereas the evidence which has been shown to me of the criminality of the
said is not, in my opinion, sufficient to justify his committal to gaol,
pursuant to section 6 of the above Ordinance ;
You are hereby ordered to discharge the said from your custody in
the said gaol under the said Ordinance, for which this shall be your warrant.
Given under my hand at Hongkong, this day of in the
year of our Lord 18
L.S.
Police Magistrate.
1582 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
8.
(Extradition Order of Governor in Council.)
" THE MACAO EXTRADITION ORDINANCE , 1881."
(Order by the Governor in Council.)
t
To the Superintenden of Victoria Gaol.
Whereas on the day of 18 " one was
committed to gaol as a fugitive under the provisions of the above Ordinance ;
And whereas the said is now in Victoria gaol in your custody under
the said committal ;
And whereas it has been determined that the said fugitive shall be surrendered
to the Government of Macao ;
You are hereby ordered to deliver the said unto being
the person duly authorized by the Government of Macao to receive the said fugitive and
to convey him within the territory of Macao, and for so doing this shall be your
warrant.
Approved in Council .
Governor, &c.
Clerk of Councils.
9.
(Governor's order of release.)
" THE MACAO EXTRADITION ORDINANCE , 1881."
數
By His Excellency
Governor and Commander-in-Chief of this Colony and its dependencies.
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive under the
provisions of the above Ordinance ;
And whereas it has been determined that no extradition order shall be granted in
respect of the said fugitive ;
.
You are hereby ordered to release the said from custody under the
said Ordinance.
Given under my hand at Victoria, Hongkong, this day of
18
L.S.
Governor, &c.
By order,
Colonial Secretary.
ORDINANCE No. 2 OF 1881 . 1583
Census.
No. 2 of 1881.
An Ordinance entitled " The Census Ordinance, 1881."
[ 14th March, 1881. ]
HEREAS it is expedient to make provision for taking, from time
WH
to time, the census of the Colony of Hongkong : Be it enacted
by the Governor of Hongkong, with the advice of the Legislative Council
-
thereof, as follows :
1. The Governor in Council may authorize and direct a census to The Governor
may direct
be taken of the inhabitants of the Colony at such times as he thinks fit, census and
appointand
and may, from time to time, appoint and remove such officers as may be remove
officers.
necessary for the purpose .
Notice of the intention to take such census, and of the date of such Proviso.
intended taking, shall be published in the Gazette at least ten days pre
viously.
2. The officers appointed to take the census shall, in accordance Officers to
make neces
with the instructions of the Governor , make such arrangements as may sary arrange
ments.
be necessary for the purpose.
3. Schedules shall be prepared under the direction of the Governor , Schedules to
be prepared .
for the purpose of being filled up by or on behalf of the several occupiers
of every dwelling- house or place of residence in the Colony, and by or on
behalf of the persons on board every vessel in the waters of the Colony ,
with such particulars as to the Governor in Council may seem fit.
4. The Governor in Council may, from time to time, make, and Regulations.
when made, revoke, add to, and alter regulations for carrying out this
Ordinance, and all such regulations, revocations, additions and alterations
shall be published in the Gazette, and shall be posted in such places and
in such languages as the Governor in Council may direct.
5. The master or keeper of every school , gaol , prison , hospital , or Inmates of
gaols, hospi
public or charitable institution , and the manager of every dock, factory, tals, &c., how
enumerated.
or place employing over twenty persons, and the proprietor or manager
of every hotel , and the master or person in charge of every vessel lying
within the waters of this Colony, shall be the enumerators of the inmates
thereof or the persons residing therein.
Enumerators
6. All officers appointed under this Ordinance may ask all such
may ask ques
questions as are necessary for obtaining the information required under tions.
this Ordinance.
1584 ORDINANCES Nos. 2 AND 3 OF 1881 .
Census. Penal Ordinances Amendment.
Offences.
7. Any person who, without lawful excuse , wilfully refuses or
neglects to fill up and sign according to the truth of the case, or to alter
or amend in any particular, if required to do so by the enumerator, any
schedule so left at his house or place of residence ; or to deliver the same
to the enumerator or other officer when required to do so ; or to furnish
information to any enumerator , or to permit any enumerator to obtain
information on board his vessel ; or to answer any such question as afore
said put to him by any enumerator or other officer, shall , on conviction
before a Magistrate, be liable to a fine not exceeding twenty-five dollars ;
and any person who wilfully makes , signs , or delivers, or causes to be
made, signed , or delivered, any false return as to any of the matters
specified in this Ordinance ; or who wilfully obstructs any enumerator
or person engaged in the execution of duties required of them under this
Ordinance, shall , on summary conviction before a Magistrate, be liable to
a fine not exceeding one hundred dollars .
Any enumerator appointed under this Ordinance who knowingly
makes a false return of any of the matters specified herein , shall be liable ,
on conviction before a Magistrate, to a fine not exceeding five hundred
dollars.
Fines imposed under this section shall be recoverable in the same
way as fines imposed on convictions under Ordinance 16 of 1875 .
Payment of 8. The Governor in Council shall award such remuneration as he
officers.
thinks fit to officers and enumerators appointed under this Ordinance .
No. 3 of 1881.
Title. An Ordinance entitled " The Penal Ordinances amendment
Ordinance, 1881. "
[ 24th June, 1881. ]
Preamble. HEREAS it is expedient to amend the penal laws in force in this
W
Colony Be it enacted by the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
Repeal. 1. The enactments described in the schedule to this Ordinance are
hereby repealed to the extent specified in the schedule : Provided that
such repeal shall not affect the past operation of any such enactment or
anything done or suffered thereunder .
ORDINANCE No. 3 OF 1881 . 1585
Penal Ordinances Amendment.
2. Ordinance 12 of 1865 is hereby amended by striking out from Amending
Ordinance 12
the words " where any person is convicted of a crime " down to the of 1865.
words " incapable of resistence " inclusive- and by inserting instead
thereof the words " where any person is convicted of a crime under
section 19 of Ordinance 4 of 1865 or under section 31 of Ordinance 7
of 1865 ," and by striking out the words " publicly or."
3. It shall not be lawful to award any sentence of flogging on the Flogging on
the back
back ; and every sentence of flogging or whipping shall provide that unlawful ;
flogging to be
such flogging or whipping shall be inflicted with a rattan on the breech. with a rattan
on the breech.
[ Added to by Ordinance No. 9 of 1884. ]
Schedule of enactments repealed.
Ordinance. Extent of repeal.
12 of 1845.
" Suppression of the Triad Society." Sections 2 and 3.
12 of 1856.
" To regulate Chinese Burials, and to pre
vent certain Nuisances within the Section 7.
Colony of Hongkong."
8 of 1858. The words " receive not more than thirty
" For regulation of the Chinese People, six blows, nor less than five blows,
and for the Population Census, and with a rattan, and " in subsection 9
for other purposes of Police." section 28.
Section 9 from the words " It shall be
1 of 1868.
lawful for the said Court in addition "
" To make provision for the more effectual
down to the words 66 Governor in
Suppression of Piracy."
Council from time to time direct "
inclusive. Section 32.
3 of 1868.
" To empower the Supreme Court to direct
Offenders to be whipped and to be
Section 1 .
kept in Solitary Confinement in certain
specified cases."
1586 ORDINANCES Nos. 3 AND 4 OF 1881.
Penal Ordinances Amendment. Banishment and Conditional Pardons .
Ordinance. Extent of repeal.
4 of 1872.
"To make Provision for the branding and
punishment of Criminals in certain Whole Ordinance .
cases."
16 of 1875.
"To amend and consolidate the laws con
cerning the jurisdiction of Magistrates
Section 7.
over indictable offences and for other
purposes."
8 of 1876.
"To consolidate and amend the Ordinances
relating to Deportation, Conditional
Whole Ordinance.
Pardons, the Branding and Punish
ment of certain Criminals."
No. 4 of 1881 .
Title. An Ordinance entitled the " Banishment and Conditional Pardons Ordi
[See Ordinance
No. 12 of 1881.]
nance, 1881."
[ 24th June, 1881. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :
Interpretation 1. In the construction of this Ordinance, the expression " order of banishment "
clause.
means an order of the Governor in Council, prohibiting a person from residing or being
within this Colony, for a term not exceeding five years.
Power to arrest 2. Any Magistrate may lawfully arrest, or cause to be arrested, with or without
and keep sus
pected emissaries warrant, any person whom he reasonably suspects to be an emissary or abettor of Her
or abettors of
enemies.
[See Ord. 9 of Majesty's enemies, or of pirates, or of Chinese disaffected to Her Majesty's Govern
1857, sec. 6.]
ment, or otherwise dangerous to the peace and good order of this Colony, and safely
keep him until he can be dealt with according to law.
Security to 3. Any Magistrate may cause any Chinese person to find reasonable security for
appear within
twelve months. his appearance in any Court for any purpose, and at any time within twelve months,
[See Ord. 8 of
1858, sec. 21.] and every adjudication to that effect shall be made in open Court, and reported forth-.
ORDINANCE No. 4 OF 1881 . 1587
Banishment and Conditional Pardons.
with 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 banishment under section
4 of this Ordinance.
4. The Governor in Council may, by order, prohibit any person not being a Power to banish
for five years.
natural born or naturalized subject of Her Majesty from residing or being within this [See Ord, 9 of
1857, sec. 7, and
Ord. 4 of 1871,
Colony during any space of time not exceeding five years, and may by the same or any sec. 2.]
subsequent order, fix the time for the departure of such person from the Colony.
5. Every person who has been prohibited by order of the Governor in Council Penalty for dis
obedience to or
violation oforder
from residing or being within this Colony for any space of time not exceeding five years ofbanishment.
[See Ord. 4 of
under the provisions of this or any other Ordinance, and who without lawful authority 1871, sec. 3.]
or excuse, the proof of which shall lie upon him, is in this Colony after the date of
such order, or after the time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and upon conviction thereof
shall be liable to imprisonment, with or without hard labour, for any period not
exceeding one year : Provided 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.
6. The Governor may in his discretion grant to any offender convicted of any Governor may
grant pardon
crime a pardon subject to either of the following conditions, as the case may be, viz.: subject to con
ditions of offen
ders leaving the
That such offender shall quit the Colony and not afterwards be found at large therein ; Colony.
[See Ord. 1 of
or that such offender shall, in lieu of a sentence of death which may have been passed 1860, sec. 1.]
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.
7. If any offender to whom a pardon has been granted either before or after the Breach of con
ditional pardon.
passing of this Ordinance, on the condition of his quitting the Colony, be afterwards
found at large therein without lawful 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 received such conditional pardon , and shall, on conviction ,
be liable, to any sentence not exceeding the whole of his original or commuted sentence ,
such sentence to commence from the date at which he is tried and convicted under this
Ordinance : Provided 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, and to remit him to gaol to undergo any
sentence not exceeding the whole of his original or commuted sentence, instead of
committing him for trial at the Supreme Court.
8. Whenever it seems expedient that any prisoner convicted of any crime, and Governor in
Council may
actually undergoing sentence of imprisonment should be released and banished , it shall banish prisoners .
be lawful for the Governor in Council to order such prisoner to be banished.
1588 ORDINANCE No. 4 OF 1881 .
Banishment and Conditional Pardons.
Returning from 9. Every convict so banished and nevertheless returning to the Colony, shall be
banishment.
liable, on conviction thereof before a Magistrate, to undergo the remainder of his
original sentence.
Prisoner may be 10. If it appears fit to the Governor in Council, the Governor in Council may
banished again.
See Ord, 4 of
1871, sec. 4.) issue a new order of banishment against any person who has been convicted of an
offence against section 5 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
has been sentenced .
Prisoner return
ing after condi 11. If it appears fit to the Governor in Council, the Governor in Council may
tional pardon
and banishment issue an order of banishment against any person who has been convicted of an offence
inay be again
banished. against sections 7 or 9 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 has been
sentenced.
Mendicaney 12. Any person convicted before a Magistrate of mendicancy in this Colony shall
forbidden.
be liable to a fine not exceeding five dollars, or in default thereof, to imprisonment,
with or without hard labour, not exceeding twenty-one days.
13. Any person who knowingly harbours or conceals in the Colony of Hongkong,
any person under sentence of banishment shall, on conviction thereof before a Magis
trate, be liable to a fine not exceeding fifty dollars, or in default of payment , to be
imprisoned , with or without hard labour, for any term not exceeding six months.
Repeal. 14. The following enactments are hereby repealed , viz.:-
Ordinance 14 of 1845 ,-Section 2 , sub-section 17, from the words " shall beg," to
the words " alms or," inclusive.
"" 9 of 1857, -All sections not previously repealed.
29 8 of 1858,-Sections 21 and 23, and sub- section 9 of section 28.
99 1 of 1860, -The whole.
39 9 of 1867, -Section 17.
39 16 of 1870,
99 4 of 1871 ,
The whole.
"" 5 of 1871,
99 4 of 1872,
Provided that such repeal shall not affect the past operation of any such enactment or
anything done or suffered thereunder.
Suspending 15. This Ordinance shall not come into operation until Her Majesty's confirma
clause.
tion thereof is proclaimed by the Governor.
[Confirmation never proclaimed: Repealed by Ordinance No. 4 of 1887. ]
ORDINANCES Nos . 5 , 6 AND 7 OF 1881 . 1589
Naturalization.
No. 5 of 1881 .
An Ordinance for the naturalization of FUNG MING - SHÁN.
[ 24th June, 1881. ]
HEREAS FUNG MING - SHAN has petitioned to be naturalized as a
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice ofthe Legislative Council thereof,
as follows :
FUNG MING - SHÁN shall be and he is hereby naturalized a British Naturaliza
tion of FUNG
subject within this Colony, and shall enjoy within this Colony, but not MING-SHÁN.
elsewhere, all the rights , advantages and privileges of a British subject,
on his taking the oath of allegiance under the provisions of the
" Promissory Oaths Ordinance, 1869."
No. 6 of 1881 .
An Ordinance for the naturalization of WONG SHÈ - TÁI.
[ 24th June, 1881. ]
HEREAS WONG SHE-TÁI has petitioned to be naturalized as a
W
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows :
WONG SHE- TÁI shall be and he is hereby naturalized a British subject Naturaliza
tion of WONG
within this Colony, and shall enjoy within this Colony , but not elsewhere , SHÉ - TẢI.
all the rights, advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869. "
No. 7 of 1881.
An Ordinance for the naturalization of SHI SHANG- KÁI .
[ 24th June, 1881. ]
HEREAS SHI SHANG - KAI has petitioned to be naturalized as a
W
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the Governor
1590 ORDINANCES Nos. 7 , 8 AND 9 OF 1881 .
Naturalization.
of Hongkong, with the advice of the Legislative Council thereof, as
follows :
Naturaliza SHI SHANG- KÁI shall be and he is hereby naturalized a British
tion of SHI
SHANG-KAI . subject within this Colony, and shall enjoy within this Colony, but not
elsewhere, all the rights, advantages and privileges of a British subject ,
on his taking the oath of allegiance under the provisions of the " Pro
missory Oaths Ordinance, 1869."
No. 8 of 1881 .
An Ordinance for the naturalization of P'ÁNG IM.
[ 24th June, 1881. ]
HEREAS P'ÁNG IM has petitioned to be naturalized as a British
WH
subject within the limits of this Colony, and whereas it is
expedient that he should be so naturalized ; Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
-
follows :
Naturaliza P'ANG IM shall be and he is hereby naturalized a British subject
tion of P'ANG
IM. within this Colony, and shall enjoy within this Colony , but not elsewhere ,
all the rights , advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869 "
No. 9 of 1881 .
An Ordinance for the naturalization of IP HIM - KWONG.
[ 24th June , 1881. ]
WHEREAS IP HIM-KWONG has petitioned to be naturalized as a
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice ofthe Legislative Council thereof,
as follows :
Naturaliza IP HIM- KWONG shall be and he is hereby naturalized a British subject
tion of IP
HIM-KWONG. within this Colony, and shall enjoy within this Colony , but not elsewhere,
all the rights , advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869."
ORDINANCES Nos . 11 AND 12 OF 1881 . 1591
Naturalization. Revenue.
No. 10 of 1881 .
An Ordinance for the naturalization of ÜN MAN - TS'OI.
[24th June, 1881. ]
HEREAS UN MAN-TS'or has petitioned to be naturalized as a
British subject within the limits of this Colony , and whereas it
is expedient that he should be so naturalized : Be it enacted by the
Governor of Hongkong, with the advice ofthe Legislative Council thereof,
as follows :
ÜN MAN- TS'OI shall be and he is hereby naturalized a British subject Naturaliza
tion of UN
within this Colony, and shall enjoy within this Colony , but not elsewhere, MAN-TSOL.
all the rights, advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869."
No. 11 of 1881 .
An Ordinance to authorize the Appropriation of a Supplementary Sum
of Twenty thousand Seven hundred and Forty -three Dollars and
Ninety-five Cents to defray the Charges of the Year 1880 .
[ 23rd August, 1881. ]
HEREAS it has become necessary to make further provision for the public
W service of the Colony for the year 1880 , in addition to the charge upon the
revenue for the service of the said year already provided for : Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. A sum of twenty thousand seven hundred and forty-three dollars and ninety-five Supplementary
Estimates, 1880.
cents is hereby charged upon the revenue of this Colony for the service of the year 1880,
________
the said sum so charged being expended as hereinafter specified ; that is to say :
$
----
ESTABLISHMENTS : C.
Colonial Secretary , 493.45
Colonial Treasurer , 84.68
Postmaster General, 2,772.95
Harbour Master, ....... 883.53
Collector of Stamp Revenue, 30.57
Medical , 852.74
Fire Brigade, 128.07
$ 5,245.99
1592 ORDINANCES Nos. 11 AND 12 OF 1881 .
Revenue. Banishment and Conditional Pardons.
Brought forward,.... ....... ..$ 5,245.99
SERVICES EXCLUSIVE OF ESTABLISHMENTS :—
Colonial Treasurer , 60.00
Judicial, ..... 142.95
Medical, 2,163.64
Works and Buildings, .. 4,484.04
Roads , Streets, and Bridges, 3,389.11
Miscellaneous Services, 4,251.08
Military Contribution , .... 1,007.14
$ 15,497.96
TOTAL ,. 20,743.95
[ Repealed by Ordinance No. 4 of 1887.]
No. 12 of 1881 .
Title. An Ordinance entitled the " Banishment and Conditional Pardons Ordi
nance, 1881."
[ 23rd August , 1881. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
-
BR Council thereof, as follows :
Interpretation 1. In the construction of this Ordinance, the expression " order of banishment "
clause.
means an order of the Governor in Council, prohibiting a person from residing or being
within this Colony, for a term not exceeding five years.
Power to arrest 2. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or
and keep sus
pected emissaries without warrant, any person whom he reasonably suspects to be an emissary or abettor
or abettors of
enemies.
[See Ord. 9 of of Her Majesty's enemies, or of pirates, or of Chinese disaffected to Her Majesty's
1857, sec. 6.]
Government, or otherwise dangerous to the peace and good order of this Colony, and
safely keep him until he can be dealt with according to law.
Security to 3. Any Magistrate may cause any Chinese person to find reasonable security for
appear within'
twelve months .
[See Ord. 8 of his appearance in any Court for any purpose, and at any time within twelve months,
1858, sec. 21.]
and every adjudication to that effect shall be made in open Court, and reported forth
with 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 banishment under section
4 of this Ordinance.
Power to banish 4. The Governor in Council may, by order, prohibit any person not being a
for five years.
(See Ord. 9 of natural born or naturalized subject of Her Majesty from residing or being within this
1857, sec. 7, and
Ord. 4 of 1871, Colony during any space of time not exceeding five years, and may by the same or any
Sec. 2.]
subsequent order, fix the time for the departure of such person from the Colony.
ORDINANCE No. 12 OF 1881 . 1593
Banishment and Conditional Pardons.
5. Every person who has been prohibited by order of the Governor in Council Penalty for
disobedience to
or violation of
from residing or being within this Colony for any space of time not exceeding five order of banish
ment.
years under the provisions of this or any other Ordinance, and who without lawful [See Ord. 4 of
1871, sec. 3.]
authority or excuse, the proof of which shall lie upon him, is in this Colony after the
date of such order, or after the time fixed for his departure, and before the expiration.
of the term of his banishment , shall be guilty of a misdemeanor, and upon conviction
thereof shall be liable to imprisonment, withor without hard labour, for any period
not exceeding one year : Provided 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 .
6. The Governor may in his discretion grant to any offender convicted of any Governor may
grant pardon
-
crime a pardon subject to either of the following conditions, as the case may be, viz.: subject to
conditions of
offenders leaving
That such offender shall quit the Colony and not afterwards be found at large therein ; the ny.
[See Ord, 1 of
or that such offender shall , in lieu of a sentence of death which may have been passed 1860, sec. 1. ]
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
7. If any offender to whom a pardon has been granted either before or after the conditional
pardon.
passing of this Ordinance, on the condition of his quitting the Colony, be afterwards
found at large therein without lawful anthority 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 received such conditional pardon , and shall, on conviction ,
be liable, to any sentence not exceeding the whole of his original or commuted sentence,
such sentence to commence from the date at which he is tried and convicted under this
Ordinance : Provided 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, and to remit him to gaol to undergo any
sentence not exceeding the whole of his original or commuted sentence, instead of
committing him for trial at the Supreme Court.
8. If it appears fit to the Governor in Council, the Governor in Council may issue Prisoner may be
banished again.
[See Ord. 4 of
a new order of banishment against any person who has been convicted of an offence 1871 , sec. 4.]
against section 5 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 has been sen
tenced.
9. If it appears fit to the Governor in Council, the Governor in Council may issue Prisoner return
ing after
conditional
an order of banishment against any person who has been convicted of an offence against pardon and
banishment may
section 7 of this Ordinance, and such order shall commence to take effect during or at be again
banished.
the expiration of any term of imprisonment to which the prisoner has been sentenced.
10. Any person who knowingly harbours or conceals in the Colony of Hongkong,
any person whose banishment has been ordered, shall, on conviction thereof before a
1591 ORDINANCES Nos. 12 AND 13 OF 1881 .
Banishment and Conditional Pardons. Revenue.
Magistrate, be liable to a fine not exceeding fifty dollars, or in default of payment, to
be imprisoned, with or without hard labour, for any term not exceeding six months .
Repeal. 11. The following enactments are hereby repealed, viz. :—
Ordinance 14 of 1845 , -Section 2, sub-section 17, from the words " shall beg," to
the words " alms or," inclusive.
99 9 of 1857, -All sections not previously repealed.
99 8 of 1858, -Section 21 and section 28, sub- section 9, from the words
66
and be deported " to " shall so decide."
"" 1 of 1860 , -The whole.
33
9 of 1867, -Section 17.
16 of 1870,
"" 4 of 1871 , The whole.
99 5 of 1871,
Provided that such repeal shall not affect the past operation of any such enactment or
anything done or suffered thereunder.
Sispending 12. This Ordinance shall not come into operation until Her Majesty's confirma
clause.
tion thereof is proclaimed by the Governor.
[Confirmation never proclaimed : Repealed by Ordinance No. 4 of 1887, and see
Ordinance No. 8 of 1882.]
No. 13 of 1881 .
An Ordinance to apply a sum not exceeding Nine hundred and Eleven
thousand, Five hundred and Ten Dollars to the Public Service of the
Year 1882 .
[ 29th August, 1881. ]
HEREAS the expenditure required for the service of this Colony for the year
WH 1882 has been estimated at the sum of " nine hundred and eleven thousand,
five hundred and ten dollars : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows : --
1. A sum not exceeding nine hundred and eleven thousand, five hundred and ten
dollars shall be, and the same is hereby charged upon the revenue of this Colony for
the service of the year 1882 , and the said sum so charged may be expended as hereinafter
specified ; that is to say :
ESTABLISHMENTS : --- $
Governor, ... 7,832
Colonial Secretary , 5,984
Auditor General , ...... 20,209
Colonial Treasurer, 4,150
Clerk of Councils, .... 100
$ 38,275
ORDINANCE No. 13 OF 1881 . 1595
Revenue.
Brought forward,....... 38,275
Surveyor General, ... 31,012
Government Gardens and Plantations, 6,066
Postmaster General, …….. 27,532
Registrar General,... 16,198
Harbour Master, 30,400
Lighthouses, 7,508
Surveyor (Marine ) , ..... 4,746
Collector of Stamp Revenue, 4,642
Judicial, 30,688
Ecclesiastical, 1,158
Educational, 28,487
Medical, .... 15,996
Police Magistrates, 7,303
Police, 146,884
Gaol, ...... 26,160
Fire Brigade, ..…………….. 8,802
$ 431,857
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Secretary, . 540
Colonial Treasurer, 1,500
Surveyor General, .... 2,160
Postmaster General, 57,900
Registrar General, 25
Surveyor (Marine),... 4,000
Judicial, 500
Ecclesiastical , 500
Educational , ...... 11,356
Medical, 13,440
Police Magistrates, 390
Police, 37,374
Gaol,...... 21,320
Fire Brigade, 5,800
Charitable Allowances , .. 4,000
Transport,. 4,500
Works and Buildings,..... 104,750
Roads, Streets, and Bridges, . 47,300
Lighthouses, ..... 3,000
Government Gardens and Plantations, 14,750
Miscellaneous Services, 37,800
Military Contribution, 106,748
479,653
TOTAL,.... $911,510
[ Repealed by Ordinance No. 4 of 1887. ]
1596 ORDINANCE No. 14 OF 1881 .
Companies.
No. 14 of 1881.
[See Ordi
nances No. 1 An Ordinance entitled the " Companies Ordinance, 1881."
of 1865, Nos.
2 & 3 of 1866, [ 29th August, 1881. ]
No. 1 of 1877,
No. 3 of 1883,
No. 30 of1886 E it enacted by the Governor of Hongkong , with the advice of the
& No. 25 of BE
Legislative Council thereof, as follows :
1890.]
Ordinance 1. This Ordinance shall not apply to banking companies .
not to apply
to banks.
Ordinance to 2. This Ordinance shall so far as is consistent with the tenor thereof
be construed
with the be construed as one with the Companies Ordinance, 1865 , the Companies
Companies
Ordinances Ordinance, 1866 , and the Companies Ordinance , 1877 , and those Ordi
1865 , 1866 and
1867. nances together with this Ordinance may be referred to as the Companies
Ordinances 1865 to 1881 .
Registration 3. Subject as in this Ordinance mentioned any company registered
anew of com
pany with before or after the passing of this Ordinance as an unlimited company
limited liabi
lity. may register under the Companies Ordinances 1865 to 1881 as a limited
company , or any company already registered as a limited company may
re-register under the provisions of this Ordinance.
The registration of an unlimited company as a limited company in
pursuance of this Ordinance shall not affect or prejudice any debts , liabi
lities , obligations or contracts incurred or entered into by, to, with , or on
behalf of such company, prior to such registration as aforesaid , and such
debts , liabilities , contracts and obligations may be enforced in manner
provided by the Companies Ordinance, 1866 , in the case of a company
registering in pursuance of that Ordinance or otherwise.
Rese ve
4. An unlimited company may by the resolution passed by the
capital of
company how members when assenting to registration as a limited company under the
plovi led.
Companies Ordinances 1865 to 1880 , and for the purpose of such regis
tration or otherwise increase the nominal amount of its capital by increas
ing the nominal amount of each of its shares.
Provided that no part of such increased capital shall be capable of
being called up, except in the event of and for the purposes of the com
pany being wound up.
And , in cases where no such increase of nominal capital may be
resolved upon , an unlimited company may , by such resolution as afore
said, provide that a portion of its uncalled capital shall not be capable of
being called up except in the event of and for the purposes of the com
pany being wound up.
ORDINANCES Nos. 14 AND 15 OF 1881 . 1597
Companies. French Mail Steamers.
A limited company may by a special resolution declare that any
portion of its capital which has not been already called up shall not be
capable of being called up except in the event of and for the purposes of
the company being wound up, and thereupon such portion of capital
shall not be capable of being called up, except in the event of and for the
purpose of the company being wound up.
5. On the registration , in pursuance of this Ordinance, of a com Application of
the Compa
pany which has been already registered , the Registrar shall make provision nics Ordinan
ce 1865 , the
for closing the former registration of the company, and may dispense Companies
Ordinance
with the delivery to him of copies of any documents with copies of which 1866 and
the Compa
he was furnished on the occasion of the registration of the company ; nies Ordinan
ce 1877.
but , save as aforesaid, the registration of such a company shall take place
in the same manner , and have the same effect as if it were the first regis
tration of that company under the Companies Ordinances 1865 to 1880 ,
and as if the provisions of the Ordinance under which the company was
previously registered and regulated had been contained in different
Ordinances from those under which the company is registered as a limited
company .
6. A company authorized to register under this Ordinance may Privileges of
Ordinance
register thereunder, and avail itself of the privileges conferred by this available not
withstanding
Ordinance, notwithstanding any provisions contained in any Ordinance, constitution
of Company.
deed of settlement, or contract of co -partnery , constituting or regulating
the company .
No. 15 of 1881 .
An Ordinance entitled , " French Mail Steamers Ordinance continuation
Ordinance 1881."
[ 29th August, 1881. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :
1. Ordinance 6 of 1880, entitled " An Ordinance to make temporary provision for
securing the status of French Mail Steamers within the ports of the Colony of Hong
kong," shall continue in force until the first of September, 1882, inclusive.
[ Repealed by Ordinance No. 4 of 1887. ]
1598 ORDINANCE No. 1 OF 1882.
Tramways.
No. 1 of 1882.
An Ordinance for authorizing the construction of certain Tramways
within the Colony of Hongkong.
[ 9th February , 1882. ]
Preamble. HEREAS a Company has been incorporated by the name of " The Hongkong
W and China Tramways Company, Limited ," for the construction of certain
Tramways within the Colony of Hongkong ; And whereas it is desirable to authorize
the construction of such tramways as hereinafter mentioned : 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 Tramways Ordinance, 1882."
Interpretations, 2. The terms hereinafter mentioned shall have the meanings assigned to them,
unless there be something either in the subject, or context, repugnant to such cons
truction, that is to say:
The Company." The expression "the company " shall mean the Hongkong and China Tramways
Company, Limited , and also (where not inapplicable) any assignees, or assignee, les
sees, or lessee, from such Company.
" Owner." The word " Owner" or " Owners " shall mean any person or persons, or corporation,
who, under the provisions of this Ordinance, is enabled to sell and assign lands to the
company.
" Lands." The word " Lauds " shall extend to messuages , lands, tenements and hereditaments
of any tenure.
" Lease." The word " Lease " shall include a sub-lease, and an agreement for a lease, or sub
lease.
The Court." The expression " the Court " shall mean the Supreme Court of the Colony of
Hongkong.
"Payment into The expressions " Payment into Court " or " Paid into Court " shall respectively
Court."
include payment into any bank, under the order, or by the direction of the Court.
"Judge in Sum The expression " Judge in Summary Jurisdiction " shall mean one of the Judges
inary Jurisdic
tion." of the Supreme Court, sitting in Summary Jurisdiction .
"The Bank." The expression " the Bank " shall mean any corporate or chartered institution
doing banking business in the Colony.
"The Cashier of The expression " the cashier of the Bank" shall mean the cashier or acting cashier
the Bank."
for the time being of the bank.
"Road." The expression " road " shall mean any roadway over which the tramways autho
rized by this Ordinance shall pass , and the roadway of any bridge forming part of or
leading to the same.
"The Works." The expression " the works " or " the undertaking " shall mean the works or under
taking of whatever nature which shall by this Ordinance be authorized to be executed .
ORDINANCE No. 1 of 1882 . 1599
Tramways.
Construction of tramways.
3. The company may construct and maintain , subject to the provisions of this Construction of
tramways."
Ordinance, and in accordance with the plans which have been deposited as hereinafter
mentioned, the tramways hereinafter described, with all proper stations, crossings,
passing -places, sidings , junctions, rails, turn-tables, plates, offices, weigh-bridges, sheds,
works, and conveniences connected therewith , or for the purposes thereof, and may
work and use the same.
The tramways authorized by this Ordinance are :
Tramway No. 1.- A single line, one mile, two furlongs, 4.24 chains in length,
commencing at the north-west corner of Inland Lot number four hundred
and seventy- one , thence passing along the Praya East, Wanchai Road ,
and Queen's Road East, and terminating at a point opposite the entrance
to the Eastern Market at the junction with tramway No. 2.
Tramway No. 2. - A double line, oue mile, four furlongs, 1.21 chains in length,
commencing at a point opposite the entrance to the Eastern Market at
the junction with tramway No. 1 at its termination , thence passing
along Queen's Road East, Queen's Road Central and Queen's Road West,
and terminating at a point opposite Inland Lot number two hundred and
nineteen at the junction with tramway No. 3.
Tramway No. 3. - A single line, three furlongs, 2.77 chains in length, com
mencing at a point opposite Inland Lot number two hundred and nineteen
at the junction with tramway No. 2 at its termination , thence passing
along Queen's Road West, and terminating at a point opposite Marine
Lot number eighty -one, at the junction with tramway No. 4.
Tramway No. 4. - Whichever of the two following lines the company shall
desire to construct and maintain , that is to say :
:
(a .) A single line three furlongs, 7.82 chains in length, commencing at a point
opposite Marine Lot number eighty-one, at the junction with tramway
No. 3 at its termination, thence passing along that part of centre street
which lies between Queen's Road West and Praya West, thence along
Praya West and terminating at a point in the roadway there opposite
the northern end of an imaginary line separating Marine Lot number
one hundred and eighty-nine from Marine Lot number one hundred
and ninety.
(b. ) A single line one furlong, one chain in length, commencing at a point
opposite Marine Lot number eighty-one, at thejunction with tramway
No. 3 at its termination, thence passing along Queen's Road West to
a point opposite the southern entrance of the premises known as the
Sailors' Home on Inland Lot number one hundred and eighty- seven A.
1600 ORDINANCE No. 1 of 1882 .
Tramways.
Tramway No. 5. -A single line four miles, two furlongs in length, commencing
at the north-west corner of Inland Lot number four hundred and seventy
one, thence passing along the Shau-ki-wán Road to a point on the north
side of, and opposite to, the eastern side of Shau-ki-wán Lot number
seven.
Tramway No. 6.- A partly single and partly double line, commencing on the
south side of the south -west boundary of the War Department ground at
its junction with the Garden Road , thence passing in a southerly direction
up the hillside to the Victoria Gap, crossing over the Kennedy and
Plantation Roads by means of bridges, and terminating at the Victoria
Gap at a point on the north side of Farm Lot number fifty- three.
Power to deviate Provided that such alterations as the company shall think fit may be made in the
Tramway No. 6,
position of the rail-tracks of the tramway No. 6 as shown on the deposited plan thereof,
such alterations being within the limits of deviation shown on the said last- mentioned
plan.
Power to lay 4. Where a double line of tramway is hereby authorized to be laid down , it shall
single line where
double line not be compulsory upon the company to lay down a double line, but they may, at
authorized.
their discretion, lay down in the first instance a single line of tramway in lieu of such
double line, and may, at the like discretion, at any time thereafter, convert such
last-named single line into the double line hereby authorized to be laid down. Provided
always if the working of any double line be considered by the Governor in Council
dangerous or inconvenient it shall be lawful for the Governor in Council at his
discretion to cause the company to discontinue one of the lines of rail and thereupon
the company shall place the remaining line in such part of the road as the Governor
in Council shall in writing approve of.
Power to widen 5. Subject to the approval of the Governor in Council being first obtained, the
certain bridges,
&c. company may, in the construction of the above tramways, or any of them, alter the
level of, and widen, the bridge known as " Bowrington Bridge," which spans the
northern end of the Bowrington Canal at its junction with the harbour of Victoria, and
the bridge which spans the northern end of the nullah or stream running between
Marine Lot number one hundred and ninety-eight and Marine Lot number one hundred
and ninety-nine at its junction with the said harbour, or either of the said bridges ;
and subject as aforesaid, may, as regards the tramway No. 6, alter the levels of the
ground on which the said tramway No. 6 is laid , make and construct all necessary
cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other
works, and divert streams.
Power to make 6. Subject to the approval of the Governor in Council being first obtained, after
additional
tramways. timely and adequate notification by public advertisement or otherwise of the intention
of the company to apply for such approval, the company may, in addition to the above
tramways, construct , and maintain, subject to the provisions of this Ordinance, and in
accordance with plans to be previously deposited by the company in the office of the
ORDINANCE No. 1 OF 1882 . 1601
Tramways.
Surveyor General, and may alter or deviate such other and further lines of tramway
and sidings (either as extensions to all or any of the said lines of tramway hereinbefore
more particularly described or otherwise) between such places within the Colony of
Hongkong, and in upon and along such roads as the Governor in Council shall, from
time to time, approve of, with all proper works, and conveniences, connected therewith
or for the purposes thereof, and may work and use the same.
7. The plans hereinbefore referred to as having been deposited , are the plans Nos. Plans,
1 to 6, 6a, and 7 to 20 inclusive, deposited by the company in the office of the Surveyor
General.
8. Every tramway running over and along any road shall be constructed and Tramways to be
in middle ofroad,
&c.
maintained as nearly as may be in the middle of such road, and no tramway shall be
so laid that, for a distance of thirty feet or upwards, a less space than nine feet shall
intervene between the outside of the footpath on either side of the road and the nearest
rail of the tramway, except in the case of bridges, streets, or other places where the
width may not be sufficient to allow a space of nine feet on either side, and except
where it may be necessary to construct and maintain loops for enabling the cars,
carriages, and trucks, to pass each other, or to construct sidings and curves, all which
exceptions shall be subject to the reasonable approval in writing of the Surveyor
General.
9. The tramways Nos. 1 , 2 , 3, 4 and 5 shall be constructed on a gauge not exceeding Guage of
tramways Nos. 1.
three feet six inches in width, and with two steel grooved rails, which said rails shall , 2, 3, 4 and 5.
before being laid down, be approved of by the Surveyor General, and shall be laid and
maintained in such manner that the uppermost surface thereof shall be on a level with
the surface of the road. Provided that the Governor in Council may, from time to
time, require the company to adopt and apply such improvements in the last -mentioned
tramways, including their rails, as experience may suggest, having regard to the greater
security of the public and advantage to the ordinary traffic, and the company shall with
all reasonable despatch comply with any order made by the Governor in Council for
the purpose of carrying out any such improvements.
10. The tramway No. 6 shall be constructed on a guage not exceeding five feet in Gnage of
tramway No. 6
width , and with steel rails, which said rails shall, before being laid down, be approved
of by the Surveyor General.
11. The company from time to time for the purpose of making, forming, laying Power to break
up roads.
down, maintaining, renewing, altering, adding to, or removing, any tramway under this
Ordinance, or any part, or parts, thereof respectively, may open and break up any road
-
subject to the following regulations :
1. They shall give to the Surveyor General notice of their intention, specifying
the time at which they will begin to do so, and the portion of road
proposed to be opened or broken up, such notice to be given seven days
at least before the commencement of the work.
1602 ORDINANCE No. 1 OF 1882 .
Tramways .
2. They shall not open or break up or alter the level of any road except under
the superintendence, and to the reasonable satisfaction , of the Surveyor
General.
3. They shall leave an interval of at least a quarter of a mile between any two
places at which they may open or break up the road , and they shall not
open or break up at any such place a greater length than one hundred
yards.
Completion of 12. When the company have opened or broken up any portion of any road, they
works, and
reinstatement of shall be under the following further obligations, namely :
:
road.
1. They shall, with all convenient speed, complete the work on account of
which they opened or broke up the same, and (subject to the formation ,
maintenance, renewal, or alteration of, addition to, or removal of the
tramway) fill in the ground, and make good the surface, and, to the
satisfaction of the Surveyor General, restore the road to as good condition.
as that in which it was before it was opened or broken up.
2. They shall in the meantime cause the place where the road is opened or
broken up to be fenced and watched, and to be properly lighted at night.
If the company fail to comply with this section , they shall, for every offence (without
prejudice to the enforcement of specific performance of the requirements of this
Ordinance, or to any other remedy against them) be liable to a penalty not exceeding
one hundred dollars, and to a further penalty, not exceeding twenty-five dollars for each
day during which any such failure continues after the first day on which such penalty
is incurred.
Further pro 13. In addition to the requirements of the preceding section , the company shall ,
visions as to
construction of when they give notice as aforesaid to the Surveyor General of their intention to open
tramvays .
or break up any road for any of the purposes aforesaid, lay before the Surveyor Geueral
a plan showing the proposed mode of constructing, laying down, maintaining , renewing,
altering, adding to or removing the tramways or works, in respect of which they
propose to open or break up such road, and a statement of the materials intended to
be used therein ; and the company shall not commence the construction, laying down,
maintenance, renewal, alteration of, addition to, or removal of such tramways or works,
or any part thereof respectively, except for the purpose of necessary repairs, until
such plan and statement have been approved in writing by the Surveyor General, and
the works shall be executed in accordance with such approved plan and statement , and
under the superintendence , and to the reasonable satisfaction of the Surveyor General .
Repair ofpart of 14. The company shall, at their own expense , maintain in good condition ,
road where
tramways are and repair in such manner as the Surveyor General shall direct, and to his
Inid.
reasonable satisfaction, so much of any road whereon any tramway is laid as lies
between the rails of the tramway and (where two lines of tramway are laid by the
company in any road at a distance of not more than four feet from each other) the
ORDINANCE No. 1 OF 1882 . 1603
Tramways.
portion of the road between the tramways, and in every case so much of the road as
extends eighteen inches beyond the rails of, and on each side of, such tramway.
Provided always that if the company fail to comply with this section , the Surveyor
General may himself at any time, after seven days ' notice to the company, open and
break up the road and do the works necessary for the repair and maintenance thereof
to the extent in this section mentioned, and the expense incurred by him in so doing
shall be re-paid to him by the company.
15. The company shall maintain in good condition and repair, and so as not to Penalty for not
maintaining
be a danger or annoyance to the ordinary traffic, the rails of which any of the tramways # rails and road in
good condition.
for the time being consist, and the substructure upon which the same rest ; and, if the
company make default in complying with this or the last section , they shall, for every
offence, be subject, on conviction, to a penalty not exceeding twenty-five dollars , and ,
in case of a continuing offence, to a further penalty not exceeding ten dollars for every
day after the first on which such default continues .
16. Where, by reason of the execution of any work affecting the surface or soil of Temporary
tramways may
be made when
any road along which any tramway is laid, it is, in the opinion of the Surveyor necessary.
General, necessary or expedient temporarily to remove or discontinue the use of such
tramway or any part thereof, the company may, subject to such conditions and
regulations as the Surveyor General may, from time to time, make, construct in the
same or any adjacent road , and , subject as aforesaid , maintain, so long as necessary, a
temporary tramway in lieu of the tramway, or part thereof, so removed or discontinued .
17. Any paving, metalling or material excavated by the company in the con Application of
road materials
struction of their works from any road under the control of the Surveyor General may excavated in
construction
of works.
be applied by the company, so far as may be necessary, in or towards the reinstating
of such road, and the maintenance, for six months after completion of the tramway
thereon laid down, of so much of the roadway of such road on either side of such
tramway as the company are by this Ordinance required to maintain at their own
.
expense.
18. The surplus paving, metalling or material not used or required to be retained Company to
remove surplus
for any of the purposes in the last section mentioned shall be the property of the paving, &c.
company, and shall be removed by them.
19. The company shall not commence to construct, form, or lay down , any portion Roads to be
repaired at the
of the aforesaid tramways in any road or street, under the control of the Surveyor expense ofthe
company.
General, in which water mains, gas mains, pipes, tubes, wires, or apparatus for tele
graphing or other purposes are laid, until they have deposited in the office of the
Surveyor General , a plan and particulars of such road, shewing clearly the site proposed
for the line or lines of tramway, the size and positions of the existing water mains, gas
mains, pipes, tubes, wires or apparatus, which are laid under the site proposed for the
line of tramway together with the material particulars required for the carrying out of
such works, and the company shall on the completion thereof proceed to call upon the
1604 ORDINANCE No. 1 of 1882 .
Tramways.
Surveyor General in writing to take such steps as he may deem necessary to cause
the said water mains, gas mains, pipes, tubes, wires or apparatus, to be taken up, and
relaid outside the line or lines of such tramway, as will prevent any unnecessary inter
ruption to the traffic over such lines when completed, in consequence of repairs,
alterations, or additions , required to be made from time to time in connection with such
water mains, gas mains, pipes, tubes, wires or apparatus, and the Surveyor General
shall on receipt thereof proceed to cause the said water mains, gas mains, pipes , tubes,
wires or apparatus, to be taken up and relaid with due diligence and despatch at the
sole cost and charge of the tramway company, and the Surveyor General shall be at
liberty to cause such work to be done either by contract, by measure and value , or by
day labour, as he may deem advisable.
For protection 20. Where any tramway, or any work connected therewith , interferes with any
of sewers, &c.
sewer, drain, water- course, or sub-way, or in any way affects the sewerage or drainage
or gas or water supply of the said Colony of Hongkong, the company shall not
commence any such tramway or work until they shall have given to the Surveyor
General fourteen days previous notice in writing of their intention so to do, and leaving
with such notice all necessary particulars relating thereto, nor until the Surveyor
General shall have signified his approval of the same, unless he do not signify his
approval, disapproval, or other directions within fourteen days after service of the
said notice and particulars as aforesaid ; and the company shall comply with all
reasonable directions of the Surveyor General in the execution of the said works, and
shall provide by new or substituted works, in such manner as the Surveyor General
shall reasonably require for the proper protection of, and for preventing injury or
impediment to, the sewers and works hereinbefore referred to by reason of the tramways ,
and shall guarantee the Surveyor General against the expense occasioned thereby ; and
all such works shall be done by or under the superintendence of the Surveyor General
at the cost and expense of the company, and when any new, or substituted work shall
be completed by, or at the costs or expenses of, the company under this Ordinance, the
same shall thereafter be as completely under the control of the Surveyor General, and
be maintained by him, as any other sewers or works.
Rights of 21. Nothing in this Ordinance shall take away or abridge any power to open or
companies, &c.
to open roads. break up any road along or across which any tramway is laid, or any other power now
or hereafter to be vested in any other company, or persons or person, or for the
doing of any matter or thing, which such company or such persons or person is are
or will be authorized to do, but, in the exercise of such power, every such other
company, or persons or person, shall be subject to the following restrictions (that
is to say):
1. They shall cause as little detriment or inconvenience to the company as
circumstances admit.
2. Before they commence any work whereby the traffic on the tramway will
be interrupted, they shall (except in cases of urgency, in which case
ORDINANCE No. 1 OF 1882 . 1605
Tramways,
notice of the commencement of such work shall be given to the company
within twenty-four hours after such commencement) give to the com
pany and the Surveyor General notice of their intention to commence
such work specifying the time at which they will begin to do so , such
notice to be given twenty-four hours at least before the commencement
of the work.
3. They shall not be liable to pay to the company any compensation for loss
of traffic occasioned thereby, or for the reasonable exercise of the powers
so vested in them as aforesaid.
4. Whenever, for the purpose of enabling them or him to execute such work ,
such other company, or persons or person, shall so require, the com
pany shall either stop traffic on that portion of the tramway to which
such notice shall refer, where it would otherwise interfere with such
work, or shore up and secure the same at their own risk and cost during
the execution of the work there. Provided that such work shall always
be completed by such other company, or persons or person, with all
reasonable expedition .
5. Any such other company, or persons or person , shall not execute such
work so far as it immediately affects the tramways, except under the
superintendence of the company, unless the company do not give such
superintendence at the time specified in the notice for the commence
ment of the work, or permanently discontinue the same during the
progress of the work, and they or he shall execute such work at their or
his own expense and to the reasonable satisfaction of the company.
22. If any difference arises between the company, on the one haud , and the Difference
between
Surveyor General, or any other company, or person to whom any sewer, drain, tube, company and
Surveyor
General, &c.
wires, or apparatus, for telegraphic or other purposes, may belong, on the other hand ,
with respect to any interference or control exercised , or claimed to be exercised , by
Such other company or such person or on their or his behalf, or by the company, by
virtue of this Ordinance, in relation to any tramway or work, or in relation to any
work or proceeding of the Surveyor General, or such other company, or such person ,
Or with respect to the propriety of, or the mode of execution of, any work relating to
any tramway, or with respect to the amount of any compensation to be made by or to
the company, or on the question whether any work is such as ought reasonably to
Satisfy the Surveyor General, company, or person concerned , or with respect to any
Other subject or thing, regulated by, or comprised in, this Ordinance, the matter in
difference shall (unless otherwise specially provided for by this Ordinance) be settled
Ly an engineer, or other fit person, nominated as referee by the Governor in Council,
on the application of either party, and the expenses of the reference shall be paid as
the referee directs .
1606 ORDINANCE No. 1 OF 1882 .
Tramways.
Tramways not 23. None of the said tramways shall be opened for public traffic until the same
to be opened
until certified.
has been certified to be fit for such traffic by the officer duly appointed in writing for
that purpose by the Governor in Council, and the Governor in Council has, by notifi
cation in the Gazette, authorized the same to be opened for such traffic.
Cesser ofpowers in certain events.
Cesser of powers 24. If the company do not within three years after the time at which they might
in certain events.
under this Ordinance have commenced the construction of the tramways complete
the tramways and open the same for public traffic , or
If within one year after the time aforesaid the works are not in the opinion
of the Governor in Council, substantially commenced , or
If the works, having been commenced , are suspended without a reason
sufficient in the opinion of the Governor in Council to warrant such
suspension,
the powers hereby given to the company for constructing such tramways, executing
such works or otherwise in relation thereto, shall cease to be exercised , except as to
so much of the same as is then completed , unless the time be prolonged by the Governor
in Council ; and, as to so much of the same as is then completed , the powers hereby
given to the company may continue to be exercised .
Discontinuance of tramways.
Discontinuance 25. If at any time after the opening of any tramway for traffic the company
of tramways by
the company. discontinue the working of such tramway, or of any part thereof, for the space of six
months (such discontinuance not being occasioned by circumstances beyond the control
of the company, for which purpose the want of sufficient funds shall not be considered
a circumstance beyond their control) and such discontinuance is proved to the satisfac
tion of the Governor in Council, the Governor in Council may by order declare that
the powers of the company in respect of such tramway, or the part thereof so dis
continued, shall, from the date of such order, be at an end, and thereupon the said
powers of the company shall cease and determine, unless the same are purchased or
leased in manner by this Ordinance provided . Where any such order has been made,
the Surveyor General may, at any time after the expiration of six months from the date
of such order, under the authority of a certificate to that effect by the Governor in
Council, remove the tramway, or part of the tramway so discontinued, and the com
pany shall pay to the Surveyor General the cost of such removal, and of the making
good of the road by the Surveyor General, such cost to be certified by the Surveyor
General, whose certificate shall be final and conclusive. And ifthe company fail to pay
the amount so certified within two months after delivery to them of such certificate, or
a true copy thereof, the Surveyor General may, without any previous notice to the
company (but without prejudice to any other remedy which he may have for the
ORDINANCE No. 1 OF 1882 . 1607
Tramways .
recovery of the amount) sell the materials of the tramway, or part of tramway removed ,
in such manner as the Surveyor General may think fit, and may out of the proceeds
reimburse himself the amount of the cost certified as aforesaid , and of the cost of
sale, and the balance, if any, of the proceeds shall be paid to the company.
Motive power.
26. The carriages used on the said tramways Nos. 1 , 2 , 3, 4 and 5 may be moved by Carriages of
tramways Nos. 1,
2, 3, 4 and 5 may
animal, steam, or any mechanical power. Provided always, that the exercise of the be moved by
animal, steam, or
powers by this section conferred with respect to the use ofsteam or any mechanical power mechanical
power.
shall be subject to the regulations set forth in schedule A. hereto, and to any regulations
which may be added thereto or substituted therefor, by any order which the Governor
in Council is hereby empowered to make from time to time, as and when he may think
fit, for securing to the public all reasonable protection against danger in the exercise
of the powers hereby conferred with respect to the use of steam or any mechanical
power on the tramways Nos. 1 , 2, 3, 4 and 5 .
27. The carriages used on the tramway No. 6 may be moved by means of Motive power of
tramway No. 6.
locomotive or stationary engines and steel- wire ropes, or by such other mechanical
power as the Governor in Council shall approve of.
28. Every carriage used on any of the said tramways shall be so constructed as Construction of
carriages.
to provide for the safety of passengers , and for their safe entrance to, and exit from ,
and accommodation in, such carriage, and their protection from the machinery used for
drawing or propelling such carriage.
29. The Governor in Council or any officer, or officers, appointed for that purpose Powers to
authorities to
by him in writing may, from time to time, inspect any engine, or carriage, used on any inspect engines,
&c.
of the tramways, and the machinery therein, and also any rope or other machinery of
the said tramways , and the Governor in Council may, whenever he thinks fit, prohibit
the use on the tramways, or any of them, of any such engine, carriage, rope, or
machinery, which, in his opinion , may not be safe for use.
30. The company or any person using steam or any mechanical power on any of Penalty for using
steam or
the tramways contrary to the provisions of this Ordinance, or (where the same are mechanical
power contrary
to Ordinance or
applicable) to any of the regulations set forth in schedule A. hereto, or to any regula regulations.
tion added thereto or substituted therefor as aforesaid , shall, for every such offence, be
subject to a penalty not exceeding fifty dollars, and also in the case of a continuing
offence, a further penalty not exceeding twenty-five dollars for every day after the first
during which such offence continues. Provided, that whether any such penalty has
been recovered or not, the Governor in Council, in case, in his opinion, the company
or any persons using steam or any mechanical power on the tramways, under the
authority of this Ordinance, have made default in complying with the provisions of
this Ordinance, or (where the same are applicable) with any of the regulations set forth
in schedule A. bereto, or with any regulation which may have been added thereto, or
160S ORDINANCE No. 1 OF 1882 .
Tramways.
substituted therefor as aforesaid, may, by order, direct the company or such persons to
cease to exercise the powers aforesaid , and thereupon the company or such persons shall
cease to exercise the powers aforesaid , and shall not again exercise the same unless
with the authority of the Governor in Council ; and in every such case the Governor
in Council shall make a special report to Her Majesty's Principal Secretary of State
for the Colonies notifying the making of such order .
Bye-laws.
31. Subject to this Ordinance, the Governor in Council may, from time to time ,
Bye-laws.
make, and when made, may rescind , annul or add to, bye-laws with regard to any of
the tramways upon which steam or any mechanical power may be used for regulating
the working and control of the tramways as well as for any of the following purposes ,
that is to say :
For regulating the use of the warning apparatus affixed to the engines .
For regulating the emission of smoke or steam from the engines .
For providing that engines and carriages shall be brought to a stand at such
places, and in such cases of impending danger, as the Governor in Council
may deem proper for securing safety.
For regulating the entrance to , exit from, and accommodation in the carriages ,
and the protection of passengers from the machinery of any engine used
for drawing or propelling such carriages .
For regulating the rate of speed of the engines and carriages . Provided that
the speed shall not exceed the rate of ten miles an hour, and that no
engines or carriages may pass through moveable facing points at a pace
exceeding the rate of four miles an hour.
For the stopping of carriages using the tramways .
For providing for the due publicity of all regulations and bye-laws for the
time being relating to the tramways, by exhibition thereof in conspicuous
places.
Subject to this Ordinance, the company may, from time to time, make regulations
For preventing the commission of any nuisance in or upon any carriage, or
in or against any premises belonging to them .
For regulating the travelling in or upon any carriage belonging to them .
And for better enforcing the observance of all or any of the regulations mentioned in
this section , it shall be lawful for the Governor in Council and company respectively
to make bye-laws for all or any of the aforesaid purposes, and from time to time to
repeal or alter such bye-laws and make new bye-laws ; and notice of the making of any
bye-law shall be published once in two consecutive weeks in the Gazette, within one
month after the making thereof. A true copy of every bye-law shall, one month at
ORDINANCE No. 1 OF 1882 . 1609
Tramways.
least before the same shall come into operation, be sent to the company, if proposed
to be made by the Governor in Council, and to the Governor in Council , if proposed
to be made by the company.
32. Any such bye-law may impose penalties for offences against the same, not Penalty may
be imposed in
exceeding ten dollars for each offence , with or without penalties for continuing offences , bye-laws.
not exceeding for any continuing offence five dollars for every day during which the
offence continues ; but all bye-laws shall be so framed as to allow in every case part
only of the maximum penalty being ordered to be paid.
33. Before the company, or any person, use steam or any mechanical power, Notice before
using steam, &c.
under this Ordinance, they, or he, shall give two months' previous notice of their or
his intention so to do to the Governor in Council.
Carriages and engines.
34. The company may use carriages with flange-wheels, or wheels suitable only Company may
use flange
wheeled car
to run on the rails of their tramways, and, subject to this Ordinance, the company riages.
shall have the exclusive use of their tramways for carriages with flange-wheels, or other
wheels suitable only to run on the said rails , and no carriage or engine used on any of
the tramways Nos. 1 , 2, 3, 4 and 5 shall exceed six feet in width.
Power to sell.
35. Subject to the approval of the Governor in Council being first obtained (but Power to sell.
not otherwise) , the company may, at any time, and from time to time, sell, assign, or
absolutely dispose of their undertaking, or any part , or parts thereof, and either with
or without receiving any valuable consideration therefor, to such person or persons,
corporation or company, by public auction or private contract, or partly by public
auction , and partly by private contract, and with, under and subject to such terms and
conditions in all respects as the company shall think fit, with power at any such sale
to buy in or rescind any contract for sale, and to re- sell ; and when any such sale,
assignment or absolute disposal has been made all the rights, powers, authorities,
obligations, and liabilities of the company in respect to the undertaking, or part or
parts thereof sold , assigned or absolutely disposed of, shall be transferred to, vested in ,
and may be exercised by, and shall attach to the person or persons, corporation or
company, to whom the same has been sold, assigned or absolutely disposed of, in like
manner as if such tramway was constructed by such person or persons, corporation or
company under the powers conferred upon them by this Ordinance, and in reference
to the same they shall be deemed to be the company.
Power to lease.
36. Subject to the approval of the Governor in Council being first obtained (but Power to lease.
not otherwise) , the company may, at any time, and from time to time, demise their
undertaking, or any part or parts, thereof, to such person or persons, corporation or
1610 ORDINANCE No. 1 OF 1882 .
Tramways.
company, for such term or terms of years, or from year to year, or for any less
period , and for such rent or rents, and upon such terms and conditions, in all respects ,
as the company shall think fit to adopt, to take effect either in possession or at some
future date, and either with or without a premium or premiums as a consideration or
considerations for such demise or demises.
Rights of Government.
Rights of 37. The Governor in Council may, at any time or times, aud at all times, use ,
Government.
and take precedence over the company, and all other persons , in such user of, the
tramways hereby authorized, or any or either of them, for defensive or military pur
poses, or for the passage of troops and war material, on giving to the company, on
each occasion of such user, notice of his intention so to do.
Government to 38. The Governor in Council shall direct the payment to the company for such
pay tolls.
user as aforesaid of such tolls as shall be agreed on , or, if no agreement shall be come
to, then the amount of such tolls to be paid shall be settled in manner hereinafter
provided for the settlement by arbitration of matters in difference.
Traffic upon tramways.
Traffic upon 39. The tramways may be used for the purpose of conveying passengers, animals,
tramways.
goods, merchandize, minerals , and parcels.
Company not 40. Save and except passengers' luggage not exceeding sixteen pounds in weight,
bound to carry
goods. or one cubic foot in measurement, the company shall not be bound to carry, unless
they think fit, any animals, goods, merchandize, minerals or parcels.
Tolls.
Tolls. 41. The company may demand and take, for passengers the tolls or charges spe
cified in schedule B. hereto , including tolls for the use of the tramways and of carriages,
and for motive power, and every other expense incidental to the conveyance of passen
gers .
Distance 42. Every fare paid by every passenger for travelling upon the tramways Nos. 1 ,
covered by
tolls. 2, 3 and 4, or any of them, or any part thereof, shall entitle such passenger to travel
any distance on all or any of the said last mentioned tramways, once, on the day on
which such passenger shall so travel, in the same direction continuously, and without
leaving the carriages, but for no further distance, or on any tramway other than the
tramways Nos. 1 , 2 , 3 and 4, or more than once, or on any other day, or in any other
direction, or to leave and re-enter the carriages ; and every fare paid by every passenger
for travelling upon the tramway No. 5, or any part thereof, shall entitle such passenger
to travel any distance on the said last mentioned tramway , once, on the day on which
such passenger shall so travel, in the same direction continuously, and without leaving
the carriages, but for no further distance, or on any tramway other than the tramway
No. 5, or more than once, or on any other day, or in any other direction, or to leave
ORDINANCE No. 1 OF 1882 . 1611
Tramways.
and re-enter the carriages ; and every fare paid by every passenger for travelling upon
the tramway No. 6, or any part thereof, shall entitle such passenger to travel any
distance on the said last mentioned tramway, once, on the day on which such passenger
shall so travel, in the same direction continuously, and without leaving the carriages,
but for no further distance, or on any tramway other than the tramway No. 6, or more
than once, or on any other day, or in any other direction , or to leave and re-enter the
carriages.
43. If the carriages shall, during any journey, contain their proper complement If carriages full,
company not
of passengers, the company shall not be bound to find accommodation for any other bound to carry.
passenger, notwithstanding that such other passenger may have purchased a ticket or
tickets entitling him to travel upon the tramways, or any of them.
44. No passenger may take on any of the tramways his personal luggage other Passengers
luggage .
than small hand baskets, bags, or parcels, any one of which shall not exceed sixteen
pounds in weight, or one cubic foot in measurement. All such personal luggage to be
carried by hand, and at the responsibility of the passenger, and not to occupy any
part of a seat, nor to be of a form or description to annoy or inconvenience other
passengers .
45. The company may demand and take, in respect of any animals, goods, mer Tolls for animals,
goods, &c.
chandize, minerals or parcels conveyed by them on the tramways, except as is by this
Ordinance specially provided, including the tolls and charges for the use of the
tramways, and for waggons or trucks, and for motive power, and every other expense
incidental to such conveyance, any tolls or charges not exceeding the tolls and charges
specified in schedule C. hereto , subject to the regulations therein contained.
46. The said tolls and charges shall be paid to such persons, and at such places Payment of tolls
and in such manner, as the company may, by notice annexed to the list of tolls,
appoint.
Abandonment of undertaking.
47. Notwithstanding anything herein contained , it shall and may be lawful for Liberty to
company to
the company at any time, if they shall not then have, under the power herein contained, abandon under
taking.
sold, assigned or disposed of, or demised their undertaking , or the part or parts thereof
proposed to be abandoned, to abandon their undertaking, or any part or parts thereof,
and to take up the tramways, or any or either of them, on giving to the Governor in
Council three months ' notice of their intention so to do ; and if the company shall abandon
the tramways Nos . 1 , 2 , 3, 4 and 5 , or any, or either of them, they shall, with all con
venient speed and in all cases within eight weeks at the most (unless the Surveyor Ge
neral otherwise consents in writing) , fill in the ground and make good the surface, and
to the reasonable satisfaction of the Surveyor General restore the portion of the road
upon which such last -mentioned tramways, or such of them as shall be abandoned ,
were laid to as good a condition as that in which it was before such tramways were laid
thereon, and clear away surplus paving , or metalling material, or rubbish occasioned
by such work, and they shall in the meantime cause the place where the road is opened ,
1612 ORDINANCE No. 1 of 1882.
Tramways .
or broken up, to be fenced and watched and to be properly lighted at night : Provided
always that , if the company fail to comply with the provisions of this section , the
Surveyor General, if he thinks fit , may himself, at any time after seven days' notice to
the company, remove the tramways, and do the works necessary for the restoration
of the road, to the extent provided for in this section , and the expense incurred by the
Surveyor General in so doing shall be re- paid to him by the company .
On abandon
ment, power to 48. If the company shall abandon their undertaking, or any part or parts thereof,
sell.
under the power herein contained, they shall be at liberty at any time, and from time to
time, to sell , assign, and absolutely dispose of such of the abandoned lands , messuages ,
engines, carriages, rails, works conveniences and premises as shall be vested in, or shall
belong to them , to such person or persons, corporation or company, by public auction
or private contract, or partly by public auction and partly by private contract, for such
price or prices, and with , under and subject to such terms and conditions in all respects
as the company shall think fit, with power at any such sale to buy in or rescind any
contract for sale, and to re- sell.
Offences.
Offences. 49. If any person wilfully obstructs any person acting under the authority of the
company in the lawful exercise of any of the powers hereby conferred , or defaces, or
destroys, any mark made for the purpose of setting out the line of any tramway, or
damages, or destroys any property of the company, he shall for every such offence be
liable to a penalty not exceeding twenty-five dollars.
Further offences.
50. If any person without lawful excuse (the proof whereof shall lie on him )
wilfully does any of the following things, namely :
Interferes with, removes , or alters, any part of a tramway, or of the works
connected therewith ;
Places, or throws any stones , dirt, wood, refuse, or other material on any part
of a tramway ;
Does, or causes to be done, anything in such manner as to obstruct any
carriage using a tramway, or to endanger the lives of persons therein , or
thereon ;
Or knowingly aids or assists in the doing of any of such things ;
he shall for every such offence be liable (in addition to any proceedings by way of
indictment, or otherwise, to which be may be subject) to a penalty not exceeding
twenty- five dollars.
Further offences. 51. If any person travelling, or having travelled, in any carriage avoids , or
attempts to avoid, payment of his fare, or if any person having paid his fare for a
certain distance, knowingly and wilfully proceeds in any such carriage beyond such
distance, and does not pay the additional fare for the additional distance, or attempts
to avoid payment thereof, or if any person knowingly and wilfully refuses, or neglects,
on arriving at the point to which he has paid his fare, to quit such carriage, every
such person shall, for every such offence, be liable to a penalty not exceeding ten dollars.
ORDINANCE No. 1 of 1882 . 1613
Tramways.
52. Where a double line of rails is laid down every tramway carriage shall Regulation for
user ofline.
run on the rails on the left side of the road in the direction in which it is travelling,
and the driver of any engine or tramcar crossing to the other line of rails without
obvious necessity shall be liable to a penalty of twenty-five dollars.
53. It shall be lawful for any officer or servant of the company, and all persons Transient
offenders.
called by him to his assistance, to seize and detain any person discovered either in , or
immediately after, committing , or attempting to commit, any such offence as in the
next preceding section is mentioned , and whose name or residence is unknown to such
officer or servant , until such person can be conveniently taken to a Police Station for
safe custody and detained until he be discharged, by due course of law.
54. No person shall be entitled to carry , or to require to be carriel, on any tram . Penalty for
bringing
way any goods which may be of a dangerous nature, and if any person send by any dangerous goods
on tramways.
tramway any such goods, without distinctly marking their nature on the outside of the
package containing the same, or otherwise giving notice in writing to the book-keeper,
or other servant with whom the same are left, at the time of such sending, he shall be
liable to a penalty not exceeding one hundred dollars for every such offence, and it
shall be lawful for the company to refuse to take any parcel that they may suspect to
contain goods of a dangerous nature, cr require the same to be opened to ascertain the
fact.
55. If any person (except under the authority of this Ordinance) , uses any of the Penalty for using
tramways with
said tramways with carriages having flauge- wheels , or other wheels suitable only to flange-wheeled
carriages.
run on the rail of such tramway, such person shall for every such offence be liable to a
penalty not exceeding one hundred dollars.
Purchase of lands by agreement.
56. Subject to the provisions of this Ordinance, it shall be lawful for the company Power to pur·
chase lands by
to agree with the owners of any lands which shall be required for the purposes of this agreement .
Ordinance, and with all parties having any estate or interest in such lands, or by this
Ordinance enabled to sell and assign the same, for the absolute purchase for a conside
ration in money of any such lands, or such parts thereof as they shall think proper,
and of all estates and interests in such lands of what kind soever.
57. It shall be lawful for all parties, being seized, possessed of, or entitled to, Parties under
disability enabled
any such lands, or any estate or interest therein, to sell and assign or release the same to selland assign.
to the company , and to enter into all necessary agreements for that purpose, and par
ticularly it shall be lawful for all, or any , of the following parties, so seized , possessed ,
or entitled, as aforesaid, so to sell, assign or release (that is to say) all corporations,
tenant in tail, or for life, married women seized in their own right, guardians, commit
tees of lunatics, and idiots, trustees in trust for charitable or other purposes , executors
and administrators, and all parties, for the time being, entitled to the receipt of the rents
and profits of any such lands in possession , or subject to any lease for life, or for lives
and years, or for years, or any less interest ; and the power so to sell and assign or
release as aforesaid may lawfully be exercised by all such parties, as to such married
1614 ORDINANCE No. 1 oF 1882 .
Tramways.
women, whether they be of full age or not, as if they were sole, and of full age, and as
to such guardians on behalf of their wards, and as to such committees on behalf of the
lunatics and idiots of whom they are the committees respectively, and that to the same
extent as such wives, wards, lunatics and idiots, respectively, could have exercised the
same power under the authority of this Ordinance, if they had respectively been under
no disability, and as to such trustees, executors and administrators, on behalf of their
cestuique trusts, whether infants , issue unborn, lunatics, femes covert, or other persons,
and that to the same extent as such cestuique trusts respectively could have exercised
the same powers under the authority of this Ordinance if they had respectively been
under no disability .
Parties under 58. The power to release lands from any rent-charge, or incumbrance, and to
disability to
exercise other agree for the apportionment of any such rent-charge or incumbrance shall extend to,
powers.
and may lawfully be exercised by, every party herein before enabled to sell and assign ,
or release, lands to the company.
Compensation 59. The purchase-money, or compensation, to be paid for any lands to be pur
where parties
are under dis
ability. chased or taken from any party under any disability, or incapacity, and not having
power to sell or assign such lands except under the provisions of this Ordinance, and
the compensation to be paid for any permanent damage or injury to any such lands,
shall not, except where the same shall have been determined by arbitration, or by the
valuation of a surveyor appointed by a Judge in Summary Jurisdiction under the
provisions hereinafter contained, be less than shall be determined by the valuation of
two able practical surveyors, one of whom shall be nominated by the company and the
other by the other party , and if such two surveyors cannot agree in the valuation, then
by such third surveyor as a Judge in Summary Jurisdiction shall upon application of
either party, after notice to the other party , for that purpose, nominate ; and each of
such two surveyors , if they agree, or, if not, then the surveyor nominated by the said
Judge in Summary Jurisdiction shall annex to the valuation a declaration in writing,
subscribed by them or him, of the correctness thereof ; and all such purchase-money
or compensation shall be deposited in the bank for the benefit of the parties interested ,
in manner hereinafter mentioned.
Purchase of lands otherwise than by agreement.
Notice of inten 60. When the company shall require to purchase or take any of the lands more
tion to take
lands.
particularly mentioned and set out in schedule D. to this Ordinance they shall give
notice thereof to all the parties interested in such lands, or to the parties enabled by
this Ordinance to sell and assign or release the same, or such of the said parties as
shall , after diligent inquiry, be known to the company, and by such notice sball demand
from such parties the particulars of their estate and interest in such lands, and of the
claims made by them in respect thereof ; and every such notice shall state the parti
culars of the lands so required , and that the company are willing to treat for the
purchase thereof, and as to the compensation to be made to all parties for the damage
that may be sustained by them by reason of the execution of the works.
ORDINANCE No. 1 OF 1882. 1615
Tramways.
61. If, for twenty-one days after the service of such notice, any such party shall If parties fail to
treat question to
be settled as
fail to state the particulars of his claim in respect of any such land, or to treat with hereinafter
mentioned.
the company in respect thereof, or if such party and the company shall not agree as
to the amount of the compensation to be paid by the company for the interest in such
lands belonging to such party, or which he is by this Ordinance enabled to sell , or for
any damage that may be sustained by him by reason of the execution of the works,
the amount of such compensation shall be settled in the manner hereinafter provided
for settling cases of disputed compensation.
Where compen
62. If no agreement be come to between the company and the owners of, or sation does not
exceed $1,000.
parties by this Ordinance enabled to sell and assign, or release, any of the said lands
mentioned in the said schedule D. , and taken or required for , or injuriously affected
by, the execution of the undertaking, or any interest in such lands, as to the value of
such lands, or of any interest therein, or as to the compensation to be made in respect
thereof, and if in any such case the compensation claimed shall not exceed one thousand
dollars, the same shall be settled by a Judge in Summary Jurisdiction .
63. If the compensation claimed or offered in any such case shall exceed one Where compen
sation exceeds
thousand dollars, the same shall be settled by arbitration as hereinafter provided . $1,000.
64. It shall be lawful for any Judge in Summary Jurisdiction upon the applica Proceedings to
settle disputes
before a Judge
tion of either party with respect to any question of disputed compensation by this in Summary
Jurisdiction.
Ordinance authorized to be settled by a Judge in Summary Jurisdiction to summon
the other party to appear before a Judge in Summary Jurisdiction at a time and place
to be named in the summons, and upon the appearance of such parties, or, in the
absence of any of them, upon proof of due service of the summons, it shall be lawful
for such Judge in Summary Jurisdiction to hear and determine such question, and for
that purpose to examine such parties, or any of them, and their witnesses, upon oath ,
and the costs of every such inquiry shall be in the discretion of such Judge in Sum
mary Jurisdiction , and he shall settle the amount thereof. All proceedings under this
Ordinance before a Judge in Summary Jurisdiction shall be instituted by a suit headed
Compensation under the Tramways Ordinance, 1881.
65. When any question of disputed compensation, by this Ordinance authorized Proceedings by
arbitration.
or required to be settled by arbitration, shall have arisen, then, unless both parties
shall concur in the appointment of a single arbitrator, each party, on the request of
the other party , shall nominate and appoint an arbitrator, to whom such dispute shall
be referred ; and every appointment of an arbitrator shall be made on the part of the
company under the hands of their secretary or clerk, and on the part of any other
party under the hand of such party, or, if such party be a corporation aggregate, under
the common seal of such corporation, and such appointment shall be delivered to the
arbitrator, and shall be deemed a submission to arbitration on the part of the party
by whom the same shall be made ; and after any such appointment shall have been
made neither party shall have power to revoke the same without the consent of the
other, nor shall the death of either party operate as a revocation ; and if for the space
1616 ORDINANCE No. 1 OF 1882 .
Tramways .
of fourteen days after any such dispute shall have arisen, and after a request in writing,
in which shall be stated the matter so required to be referred to arbitration, shall have
been served by the one party on the other party to appoint an arbitrator, such last
mentioned party fail to appoint such arbitrator, then upon such failure the party
making the request, and having himself appointed an arbitrator, may appoint such
arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear
and determine the matters which shall be in dispute, and in such case the award or
determination of such single arbitrator shall be final, unless the same be appealed
against as hereinafter provided .
Vacancy of 66. If, before the matters so referred shall be determined, any arbitrator appointed
arbitrator to
be supplied. by either party die, or become incapable, the party by whom such arbitrator was
appointed may nominate and appoint in writing some other person to act in his place,
and if, for the space of seven days after notice in writing from the other party for that
purpose, he fail to do so, the remaining or other arbitrator may proceed ex parte, and
every arbitrator so to be substituted as aforesaid shall have the same powers and
authorities as were vested in the former arbitrator at the time of such his death or
disability as aforesaid.
Appointment 67. Where more than one arbitrator shall have been appointed , such arbitrators
of umpire.
shall, before they enter upon the matters referred to them , nominate and appoint, by
writing under their hands, an umpire to decide on any such matters on which they
shall differ, or which shall be referred to him under the provisions of this Ordinance,
and if such umpire shall die, or become incapable to act, they shall forthwith , after
such death or incapacity, appoint another umpire in his place, and the decision of
every such umpire on the matters so referred to him shall be final, unless the same
shall be appealed against as hereinafter provided.
Judge in Sum 68. If in either of the cases aforesaid the said arbitrators shall refuse, or shall,
mary Jurisdic
tion empowered for seven days after request of either party to such arbitration, neglect to appoint an
to appoint an
mmpire on umpire, a Judge in Summary Jurisdiction shall, in Chambers , on the application of
neglect ofthe
arbitrators.
either party to such arbitration , appoint an umpire, and the decision of such umpire
on the matters on which the arbitrators shall differ, or which shall be referred to him
under this Ordinance, shall be final, unless the same shall be appealed against as
hereinafter provided .
In case of death 69. If, when a single arbitrator shall have been appointed , he shall die, or become
of single arbitra
tor, thematter to incapable to act, before he shall have made his award, the matters referred to him shall
begin de noro,
be determined by arbitration under this Ordinance in the same manner as if such
arbitrator had not been appointed .
If either arbitra 70. If, where more than one arbitrator shall have been appointed, either of the
tor refuse to act,
the other to arbitrators refuse , or, for seven days, neglect to act, the other arbitrator may proceed
proceed
ex parte. ex parte, and the decision of such other arbitrator shall be as effectual as if he had been
the single arbitrator appointed by both parties.
ORDINANCE No. 1 of 1882 . 1617
Tramways.
71. If, where more than one arbitrator shall have been appointed , and where If arbitrators
fail to make
neither of them shall refuse, or neglect, to act as aforesaid , such arbitrators shall fail their award
within twenty
one days, the
to make their award within twenty-one days after the day on which the last of such matter to go to
the umpire.
arbitrators shall have been appointed, or within such extended time (if any) as shall
have been appointed for that purpose by both such arbitrators, under their hands,
(such extended time in no case to exceed two months from the day on which the last
of such arbitrators shall have been appointed , ) then matters referred to them shall
be determined by the umpire to be appointed as aforesaid, and if, from any cause
whatever, such umpire shall except he be prevented from illness or any other unavoidable
circumstance, fail to make his award within three months after the day on which the
last of such arbitrators shall have been appointed he shall forfeit five hundred dollars
to the company. If, from any cause whatever, such umpire shall fail to make his
award within the time aforesaid , the matters referred to him shall be determined by
other arbitrators under this Ordinance in the same manner as if no previous proceedings
in arbitration had been taken with reference to the said matters.
72. The said arbitrators, or their umpire, may call for the production of any Power ofarbitra
tors to call for
documents in the possession or power of either party which they, or he, may think books, &c.
necessary for determining the question in dispute, and may examine the parties, or
their witnesses, on oath, and administer the oaths necessary for that purpose.
73. Before any arbitrator or umpire shall enter into the consideration of any Arbitrator or
umpire to make
a declaration.
matters referred to him, he shall , in the presence of a Justice of the Peace make and
subscribe the following declaration , that is to say :
"I, A. B., do solemnly and sincerely declare that I will faithfully and honestly,
"and to the best of my skill and ability, hear and determine the matters
" referred to me under the provisions of the Tramways Ordinance, 1881 .
"Made and subscribed in the presence of
66 29
[4. B.]
And such declaration shall be annexed to the award when made ; and if any arbitrator ,
or umpire, having made such declaration , shall wilfully act contrary thereto, he shall
be guilty of a misdemeanour.
74. Except as is hereinafter otherwise provided , all the costs of any such arbitra Costs of arbitra
tion how to be
borne.
tion, and incident thereto, to be settled by the arbitrators, or umpire, shall be borne by
the company, unless the arbitrators or umpire shall award the same, or a less , sum
than shall have been offered by the company, in which case each party shall bear his
own costs incident to the arbitration, and the costs of the arbitrators and umpire shall
be borne by the parties in equal proportions.
75. The arbitrators or umpire shall forthwith deliver their or his award in writing Award to be
delivered to the
to the company, who shall retain the same, and shall forthwith, on demand, at their company.
own expense, furnish a copy thereof to the other party to the arbitration, and shall at
all times, on demand, produce the said award, and allow the same to be inspected or
examined by such party, or any person appointed by him for that purpose.
1618 ORDINANCE No. 1 OF 1882 .
Tramways.
Submission may 76. The submission to any such arbitration may be made a rule of the Court on
be made a rule
ofCourt. the application of either of the parties.
Award not void 77. No award made with respect to any question referred to arbitration under this
through error in
form .
Ordinance shall be set aside for irregularity , or error, in matter of form .
Compensation to 78. The purchase-money or compensation to be paid for any of the said lands
absent parties to
be determined by mentioned in the said schedule D. , and required to be purchased or taken by the
a surveyor
appointed by a company from any party who, by reason of absence from the Colony of Hongkong, is
Judge in Suin
mary Jurisdic
tion. prevented from treating, or who cannot, after diligent inquiry, be found , or who shall
not appear at the time (ifany) appointed for the inquiry before the arbitrators or their
umpire, as hereinbefore provided for, shall be such as shall be determined by the
valuation of such able practical surveyor as a Judge in Summary Jurisdiction shall
nominate for that purpose as hereinafter mentioned.
A Judge in 79. Upon application by the company in Chambers to a Judge in Summary Juris
Suminary Juris
diction to nomi
nate a surveyor. diction and upon such proof as shall be satisfactory to him, that any such party is, by
reason of absence from the said Colony, prevented from treating, or cannot, after
diligent inquiry, be found, or that any such party failed to appear on such inquiry
before the arbitrators or their umpire as aforesaid, such Judge in Summary Jurisdiction
shall by writing under his hand , nominate an able practical surveyor for determining
such compensation as aforesaid, and such surveyor shall determine the same accord
ingly, and shall annex to his valuation a declaration in writing subscribed by him of
the correctness thereof.
Declaration to be 80. Before such surveyor shall enter upon the duty of making such valuation as
made by the
surveyor. aforesaid, he shall, in the presence of a Justice of the Peace make and subscribe the
declaration following at the foot of such nomination , (that is to say) : –
"I, A. B., do solemnly and sincerely declare that I will faithfully, impartially,
"and honestly, according to the best of my skill and ability, execute the
"duty of making the valuation hereby referred to me.
"
"Made and subscribed in the presence of
[A. B.]
And if any surveyor shall corruptly make such declaration , or having made such decla
ration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.
Valuation, &c., 81. The said nomination and declaration shall be annexed to the valuation to be
to be produced
to the owner of made by such surveyor, and shall be preserved together therewith by the company,
the lands on
demand.
and they shall at all times produce the said valuation and other documents , on demand ,
to the owner of the lands comprised in such valuation, and to all other parties interested
therein.
Expenses to be
borne by cor . 82. All the expenses of, and incident to, every such valuation shall be borne by
pany. the company .
ORDINANCE No. 1 OF 1882 . 1619
Tramways.
83. In estimating the purchase-money or compensation to be paid by the com Purchase -money
and compensa
pany in any of the cases aforesaid , regard shall be had by the Judge in Summary Juris tion, how to be
estimated.
diction, arbitrators, umpire or surveyors, as the case may be, not only to the value of
the land to be purchased or taken by the company, but also to the damage, if any, to
be sustained by the owner of the lands by reason of the severing of the lands taken
from the other lands of such owner, or otherwise injuriously affecting such other lands
by the exercise of the powers of this Ordinance, and to the fact that the lands taken
are so taken from such owner compulsorily.
84. When the compensation payable in respect of any of the said lands mentioned Where compen
sation to absent
party has been
in the said schedule D. , or any interest therein shall have been ascertained by the determined by a
surveyor, the
valuation of a surveyor, and deposited in the bank under the provisions herein con party may have
the same sub
tained, by reason that the owner of, or party entitled to assign, such lands, or such mitted toarbitra
tion.
interest therein as aforesaid, could not be found, or was absent from the said Colony
of Hongkong; if such owner or party shall be dissatisfied with such valuation, it shall
be lawful for him, before he shall have applied to the Court for payment or investment
of the moneys so deposited under the provisions herein contained, by notice in writing
to the company to require the question of such compensation to be submitted to
arbitration, and thereupon the same shall be so submitted accordingly in the same
manner as in other cases of disputed compensation hereinbefore authorized or required
to be submitted to arbitration .
85. The question to be submitted to the arbitrators in the case last aforesaid shall Question to be
submitted to the
arbitrators .
be, whether the said sum so deposited as aforesaid by the company was a sufficient sum,
or whether any, and what, further sum ought to be paid or deposited by them .
86. If the arbitrators shall award that a further sum ought to be paid or deposited If further sum
awarded, com
by the company, they shall pay, or deposit, as the case may require, such further sum pany to pay or
deposit same
within fourteen
within fourteen days after the making of such award , or, in default thereof, the same days.
may be enforced by attachment, or recovered, with costs, by action or suit.
87. If the arbitrators shall determine that the sum so deposited was sufficient , the Costs of the
arbitrators.
costs of, and incident to, such arbitration to be determined by the arbitrators shall (but
subject as hereinafter provided) be in the discretion of the arbitrators, but, if the
arbitrators shall determine that a further sum ought to be paid or deposited by the
company, all the costs of, and incident to, the arbitration shall (but subject as aforesaid)
be borne by the company .
88. If any party shall be entitled to any compensation in respect of any of the Compensation
where no satis
said lands, mentioned in the said schedule D. , or of any interest therein, which shall factionpreviously
made, how to be
settled.
have been taken for, or injuriously affected by, the execution of the works, and for.
which the company shall not have made satisfaction under the provisions of this
Ordinance, and if the compensation claimed in such case shall exceed the sum of one
thousand dollars , the same shall be settled by arbitration as hereinbefore provided .
1620 ORDINANCE No. 1 OF 1882.
Tramways.
Application of compensation.
Purchase-money 89. If the purchase-money or compensation which shall be payable in respect of
payable to
parties under
disability any of the said lands, mentioned in the said schedule D. , or of any interest therein,
amounting to
$1,000 to be purchased or taken by the company from any tenant for life or in tail, married woman
deposited in the
Bank. seized in her own right, guardian, committee of lunatic or idiot, trustee, executor or
administrator, or person having a partial or qualified interest only in such lands, and
not entitled to sell or assign the same except under the provisions of this Ordinance,
or the compensation to be paid for any permanent damage to any such lands, amount
to, or exceed, the sum of one thousand dollars, the same shall be paid into the bank,
to be placed to the account there of the Registrar of the Court ex parte the company in
the matter of this Ordinance (citing it) pursuant to the method for the time being in
force for regulating moneys paid into Court ; and such moneys shall remain so
deposited until the same be applied to some one or more of the following purposes ,
(that is to say) :--
Application of In the discharge of any debt or incumbrance affecting the land in respect of
moneys
deposited.
which such money shall have been paid , or affecting other lands settled
therewith to the same or the like uses, trusts , or purposes ; or,
In the purchase of other lands to be assigned, limited, and settled upon the
like uses , trusts, and purposes, and in the same manner as the lands in
respect of which such money shall have been paid stood settled ; or,
If such money shall be paid in respect of any buildings taken under the
authority of this Ordinance, or injured by the proximity of the works,
in removing or re- placing such buildings , or substituting others in their
stead, in such manner as the Court shall direct ; or,
In payment to any party becoming absolutely entitled to such money.
Order for appli 90. Such money may be so applied as aforesaid upon an order of the Court, or
cation and
investment
meanwhile. of a Judge in Chambers, made on the petition or summons of the party who would
have been entitled to the rents and profits of the lands in respect of which such money
shall have been deposited ; and until the money can be so applied it may, upon the
like order, be invested by the proper officer of the Court in or upon any securities or
investments in or upon which trustees are, by section 17 of Ordinance No. 7 of 1873 ,
authorized to invest trust moneys, and the interest, dividends and annual proceeds
thereof paid to the party who would, for the time being, have been entitled to the
rents and profits of the lands.
Sums from $25 91. If the purchase-money or compensation shall not amount to the sum of one
to be deposited
or paid to trus thousand dollars and shall exceed the sum of twenty-five dollars, the same shall either
tees.
be paid into the bank, and applied in the manner hereinbefore directed with respect
to sums amounting to, or exceeding, one thousand dollars, or the same may lawfully
be paid to two trustees, to be nominated by the parties entitled to the rents or profits
of the lands in respect whereof the same shall be payable, such non.ination to be
signified by writing under the hand of the party so entitled ; and in case of the
ORDINANCE No. 1 OF 1882 . 1621
Tramways.
coverture, infancy, Junacy, or other incapacity of the parties entitled to such moneys ,
such nomination may lawfully be made by their respective husbands, guardians , com
mittees, or trustees ; but such last-mentioned application of the moneys shall not be
made unless the company approve thereof, and of the trustees named for the purpose ;
and the money so paid to such trustees, and the produce arising therefrom, shall be
by such trustees applied in the manner hereinbefore directed with respect to money
paid into the bank, but it shall not be necessary to obtain any order of the Court for
that purpose .
92. If such money shall not exceed the sum of twenty-five dollars, the same Sams not ex
ceeding $25 to be
shall be paid to the parties entitled to the rents and profits of the lauds in respect paid to parties.
whereof the same shall be payable, for their own use and benefit, or in case of the cover
ture, infancy, idiotcy, lunacy, or other incapacity of any such parties, then such money
shall be paid, for their use, to the respective husbands, guardians, committees, or
trustees of such persons .
93. Upon deposit in the bank, in manner hereinbefore provided , of the purchase Upon deposit
being made, the
money or compensation agreed or awarded to be paid in respect of any of the said owners ofthe
lands to assign,
lands mentioned in the said schedule D., and purchased or taken by the company or in default the
lands to vest in
the company by
under the provisions of this Ordinance, the owner of such lands shall, when required deed poll.
so to do by the company, duly assign such lands to the company, or as they shall
direct ; and in default thereof, or if he fail to adduce a good title to such lands to their
satisfaction, it shall be lawful for the company, if they think fit, to execute a deed poll
under their common seal, containing a description of the lands in respect of which
such default shall be made, and reciting the purchase or taking thereof by the company,
and the names of the parties from whom the same were purchased or taken, and the
deposit made in respect thereof, and declaring the fact of such default having been
made, and such deed poll shall be stamped with the stamp duty which would have been
payable upon an assignment to the company of the lands described therein ; and
thereupon all the estate and interest in such lands of, or capable of being sold and
assigned by, the party between whom and the company such agreement shall have
been come to, or as between whom and the company such purchase -money or com
pensation shall have been determined by arbitrators, or an umpire, or by a surveyor
appointed by a Judge in Summary Jurisdiction as herein provided, and shall have
been deposited as aforesaid, shall vest absolutely in the company, and as against such
parties, and all parties on behalf of whom they are hereinbefore enabled to sell and
assign the company shall be entitled to immediate possession of such lands .
94. If the owner of any of the said lands mentioned in the said schedule D. , and Where parties
refuse to assign
purchased or taken by the company, or of any interest therein, on tender of the or do not show
title, or cannot
be found, the
purchase-money or compensation either agreed or awarded to be paid in respect purchase-money
to be deposited.
thereof, refuse to accept the same, or neglect , or fail to make out a title to such lands ,
or to the interest therein claimed by him, to the satisfaction of the company, or if he
refuse to assign or release such lands as directed by the company, or if any such owner
1622 ORDINANCE No. 1 of 1882 .
Tramways.
be absent from the said Colony of Hongkong, or cannot, after diligent inquiry, be
found or fail to appear on the inquiry before the arbitrators or their umpire as herein
provided for, it shall be lawful for the company to deposit the purchase-money or
compensation payable in respect of such lands, or any interest therein , in the bank,
to be placed , except in the cases herein otherwise provided for , to the account there of
the proper officer of the Court to the credit of the parties interested in such lands
(describing them so far as the company can do) , subject to the control and disposition
of the Court.
Upon deposit 95. Upon any such deposit of money as last aforesaid being made, the cashier of
being made, a
receipt to be
given, and the the bank shall give to the company, or to the party paying in such money by their
lands to vest
upon a deed poll direction, a receipt for such money, specifying therein for what and for whose use
being executed.
(described as aforesaid) the same shall have been received, and in respect of what
purchase the same shall have been paid in ; and it shall be lawful for the company , if
they think fit, to execute a deed poll under their common seal, containing a description
of the lands in respect whereof such deposit shall have been made, and declaring the
circumstances under which and the names of the parties to whose credit such deposit
shall have been made, and such deed poll shall be stamped with the stamp duty which
would have been payable upon an assignment to the company of the lands described
therein ; and thereupon all the estate and interest in such lands of the parties for
whose use and in respect whereof such purchase-money or compensation shall have
been deposited shall vest absolutely in the company, and as against such parties they
shall be entitled to immediate possession of such lands.
Application of 96. Upon the application by petition or summons of any party making claim to
moneys so
deposited. the money so deposited as last aforesaid , or any part thereof, or to the lands in respect
whereof the same shall have been so deposited, or any part of such lands, or any
interest in the same, the Court or a Judge in Chambers may, in a summary way, as to
such Court or Judge shall seem fit, order such money to be laid out or invested in or
upon any of the securities or investments mentioned in section 90 of this Ordinance ,
or may order distribution thereof, or payment of the dividends thereof, according to
the respective estates, titles, or interests of the parties making claim to such money or
lands or any part thereof, and may make such other order in the premises as to such
Court or Judge shall seem fit.
Party in 97. If any question arise respecting the title to the lands in respect whereof such
possession to
be deemed the moneys shall have been so paid or deposited as aforesaid, the parties respectively in
owner.
possession of such lands, as being the owners thereof, or in receipt of the rents of such
lands, as being entitled thereto at the time of such lands being purchased or taken , shall
be deemed to have been lawfully entitled to such lands, until the contrary be shown to
the satisfaction of the Court or Judge ; and, unless the contrary be shown as aforesaid,
the parties so in possession , and all parties claiming under them, or consistently with
their possession , shall be deemed entitled to the money so deposited , and to the
dividends or interests of the securities purchased therewith , and the same shall be paid
and applied accordingly.
ORDINANCE No. 1 OF 1882. 1623
Tramways.
98. In all cases of moneys deposited in the bank under the provisions of this Costs in cases of
money deposited.
Ordinance, except where such moneys shall have been so deposited by reason of the
wilful refusal of any party entitled thereto, to receive the same, or to assign or release
the lands in respect whereof the same shall be payable, or by reason of the wilful neglect
of any party to make out a good title to the land required, it shall be lawful for the
Court, or a Judge in Chambers, to order the costs of the following matters, including
therein all reasonable charges and expenses incident thereto, to be paid by the company
(that is to say) the costs of the purchase or taking of the lands, or which shall have
been incurred in consequence thereof, other than such costs as are herein otherwise
provided for, and the costs of the investment of such moneys by order of the Court, or
Judge, and of the re- investment thereof in the purchase of other lands, and also the
costs of obtaining the proper orders for any of the purposes aforesaid , and of the orders
for the payment of the dividends and interest of the securities upon which such moneys
shall be invested , and for the payment out of Court of the principal of such moneys,
or of the securities whereon the same shall be invested , and of all proceedings relating
thereto, except such as are occasioned by litigation between adverse claimants : Provided
always, that the costs of one application only for re-investment in land shall be allowed ,
unless it shall appear to the Court or Judge that it is for the benefit of the parties
interested in the said moneys that the same should be invested in the purchase of
lands , in different sums and at different times, in which case it shall be lawful for the
Court or Judge to order the costs of any such investments to be paid by the company.
Assignments.
99. Assignments of lands to the company may be in such form as the company Assignments.
may think fit.
100. The costs of all such assignments shall be borne by the company, and such Costs of
assignments.
costs shall include all charges and expenses incurred , on the part as well of the seller
as of the purchaser, of all assignments and assurances of any such lands, and of any
outstanding terms or interests therein, and of deducing, evidencing, and verifying the
title to such lands, terms or interests, and of making out and furnishing such abstracts
and attested copies as the company may require, and all other reasonable expenses
incident to the investigation , deduction and verification of such title .
101. If the company and the party entitled to any such costs shall not agree as Taxation of costs
of assignments.
to the amount thereof, such costs shall be taxed by the Registrar of the Court upon an
order of the Court, to be obtained upon petition in a summary way by either of the
parties ; and the company shall pay what the Registrar shall certify to be due in res
pect of such costs to the party entitled thereto, or in default thereof the same may be
recovered in the same way as any other costs payable under an order of the said Court,
or the same may be recovered by distress in the manner hereinbefore provided in other
cases of costs ; and the expense of taxing such costs shall be borne by the company,
unless upon such taxation one-sixth part ofthe amount of such costs shall be disallowed,
1624 ORDINANCE No. 1 OF 1882 .
Trumways.
in which case the costs of such taxation shall be borne by the party whose costs shall
be so taxed, and the amount thereof shall be ascertained by the Registrar and deducted
by him accordingly in his certificate of such taxation .
Entry on lands.
Payment of 102. The company shall not, except by consent of the owners and occupiers ,
price to be made
previous to enter upon any of the said lands mentioned in the said schedule D. , and which shall
entry, except to
survey, &c.
be required to be purchased or permanently used for the purposes and under the
powers of this Ordinance, until they shall either have paid to every party having any
interest in such lands , or deposited in the bank, in the manner herein mentioned , the
purchase-money or compensation agreed or awarded to be paid to such parties res
pectively for their respective interests therein : Provided always, that for the purpose
merely of surveying such lands, and of setting out the line of the works, it shall be
lawful for the company after giving not less than three nor more than fourteen days'
notice to the owners or occupiers thereof, to enter upon such lands without previous
consent, making compensation for any damage thereby occasioned to the owners or
occupiers thereof.
Company to be 103. Provided also, that, if the company shall be desirous of entering upon and
allowed to enter
on lands before using any of the said lands mentioned in the said schedule D. before an agreement
purchase, on
making deposit
by way of shall have been come to, or an award made for the purchase-money or compensation
security and
giving bond. to be paid by them in respect of such lands, it shall be lawful for the company to
deposit in the bank by way of security, as hereinafter mentioned, either the amount of
purchase- money or compensation claimed by any party interested in, or entitled to sell
and assign, such lands, and who shall not consent to such entry, or such a sum as shall ,
by a surveyor appointed by a Judge in Summary Jurisdiction in the manner herein
before provided in the case of parties who cannot be found, be determined to be the
value of such lands or interest therein which such party is entitled to or enabled to sell
and assign, and also to give to such party a bond, under the common seal of the com
pany, with two sufficient sureties to be approved of by a Magistrate in case the parties
differ in a penal sum equal to the sum so to be deposited , conditioned for payment to
such party, or for deposit in the bank, for the benefit of the parties interested in such
lands, as the case may require, under the provisions herein contained, of all such pur
chase-money or compensation as may in manner hereinbefore provided be determined
to be payable by the company in respect of the lands so entered upon, together with
interest thereon , at a rate of six dollars per centum per annum, from the time of enter
ing on such lands , until such purchase- money or compensation shall be paid to such
party or deposited in the bank for the benefit of the parties interested in such lands
under the provisions herein contained ; and upon such deposit by way of security being
made as aforesaid , and such bond being delivered or tendered to such non- consenting
party as aforesaid, it shall be lawful for the company to enter upon and use such lands ,
without having first paid or deposited the purchase-money or compensation in other
cases required to be paid or deposited by them before entering upon any lands to be
taken by them under the provisions of this Ordinance.
ORDINANCE No. 1 OF 1882 . 1625
Tramways .
104. The money so to be deposited as last aforesaid shall be paid into the bank to Upon deposit
being made.
cashier to give
be placed to the account of the Registrar of the Court to the credit of the parties interested receipt.
in, or entitled to sell and assign, the lands so to be entered upon, and who shall not have
consented to such entry, subject to the control and disposition of the Court ; and upon
such deposit being made, the cashier of the bank shall give to the company, or to the
party paying in such money by their direction a receipt for such money, specifying
therein for what purpose, and to whose credit, the same shall have been paid in.
105. The money so deposited as last aforesaid shall remain in the bank by way of Deposit to
remain as a
security, and to
security to the parties whose lands shall so have been entered upon, for the performanc be applied under
the direction
of the condition of the bond to be given by the company as hereinbefore mentioned , and of the Court.
the same may, on the application by petition of the company, be ordered to be invested
upon any of the securities and investments mentioned in section 90 of this Ordinance
and accumulated ; and upon the condition of such bond being fully performed, it shall be
lawful for the Court, upon a like application, to order the money so deposited, or the
funds in which the same shall have been invested, together with the accumulation thereof,
to be re-paid or transferred to the company, or if such condition shall not be fully per
formed, it shall be lawful for the Court to order the same to be applied in such manner
as it shall think fit for the benefit of the parties for whose security the same shall so
have been deposited .
106. If the company or any of their contractors shall, except as aforesaid , wilfully Penalty on the
company
entering upon
enter upon and take possession of any of the said lands mentioned in the said schedule lands without
consent before
D., which shall be required to be purchased or permanently used for the purpose of this payment of the
purchase-morey.
Ordinance, without such consent as aforesaid , or without having made such payment for
the benefit of the parties interested in the lands, or such deposit by way of security as
aforesaid, the company shall forfeit to the party in possession of such lands the sum of
fifty dollars, over and above the amount of any damage done to such lands by reason of
such entry and taking possession as aforesaid, and if the company or their contractors
shall, after conviction in such penalty as aforesaid , continue in unlawful possession of any
such lands, the company shall be liable to forfeit the sum of one hundred dollars for
every day they or their contractor shall so remain in possession as aforesaid, such penalty
to be recoverable by the party in possession of such lands, with costs, by action or suit
in the Court Provided always, that nothing herein contained shall be held to subject
the company to the payment of any such penalties as aforesaid, if they shall bonâ fide
and without collusion have paid the compensation agreed or awarded to be paid in respect
of the said lands to any person whom th company may have reasonably believed to be
entitled thereto , or shall have deposited the same in the bank for the benefit of the parties
interested in the lands, or made such deposit by way of security in respect thereof as
herein before mentioned, although such person may not have been legally entitled thereto.
107. On the trial of any action or suit for any such penalty as aforesaid , the decision Decision of
Judge in Sum
mary Jurisdic
of the Judge in Summary Jurisdiction under the provision hereinbefore contained shall tion not conclu
sive as to the
not be held conclusive as to the right of entry on any such lands by the company. right of entry of
the company .
1626 ORDINANCE No. 1 oF 1882 .
Tramways.
Proceedings in 103. If in any case in which, according to the provisions of this Ordinance, the
case of refusal
to deliver
possession of company are authorized to enter upon and take possession of such of the said lands
lands.
mentioned in the said schedule D. as are required for the purposes of the undertaking,
the owner or occupier of any such lands, or any other person , refuse to give up the
possession thereof, or hinder the company from entering upon or taking possession of the
same, it shall be lawful for the company to issue their warrant to the sheriff of the Colony
of Hongkong to deliver possession of the same to the person appointed in such warrant
to receive the same, and upon the receipt of such warrant the sheriff shall deliver possession
of any such lands accordingly, and the costs accruing by reason of the issuing and
execution of such warrant, to be settled by the sheriff, shall be paid by the person refusing
to give possession, and the amount of such costs shall be deducted and retained by the
company from the compensation, if any, then payable by them to such party, or if no
such compensation be payable to such party, or if the same be less than the amount of
such costs, then such costs , or the excess thereof beyond such compensation, if not paid
on demand, shall be levied by distress, and upon application to a Judge in Summary
Jurisdiction for that purpose he shall issue his warrant accordingly.
Parties not to 109. No party shall at any time be required to sell or assign to the company a
be required to
sell part ofa part only of any house or other building or manufactory, if such party be willing and
house.
able to sell and assign the whole thereof.
Lands in mortgage.
Power to redeem 110. It shall be lawful for the company to purchase or redeem the interest of
mortgages, the mortgagee of any of the said lands mentioned in the said schedule D. , which may
be required for the purposes of this Ordinance, and that whether they shall have pre
viously purchased the equity of redemption of such lands or not, and whether the
mortgagee thereof be entitled thereto in his own right, or in trust for any other party,
and whether he be in possession of such lands by virtue of such mortgage or not, and
whether such mortgage affect such lands solely, or jointly, with any other lands not
required for the purposes of this Ordinance, and in order thereto the company may
pay or tender to such mortgagee the principal and interest due on such mortgage,
together with his costs and charges, if any, and also one month's additional interest ,
and thereupon such mortgagee shall immediately assign his interest in the lands
comprised in such mortgage to the company, or as they shall direct, or the company
may give notice in writing to such mortgagee that they will pay off the principal and
interest due on such mortgage at the end of one month, computed from the day of
giving such notice ; and if they shall have given any such notice, or if the party
entitled to the equity of redemption of any such lands shall have given notice of his
intention to redeem the same, then at the expiration of either of such notices, or at
any intermediate period , upon payment or tender by the company to the mortgagee
of the principal money due on such mortgage, and the interest which would become
ORDINANCE No. 1 OF 1882 . 1627
Tramways.
due at the end of one month from the time of giving either of such notices, together
with his costs and expenses, if any, such mortgagee shall assign or release his interest
in the lands comprised in such mortgage to the company, or as they shall direct .
111. If, in either of the cases aforesaid, upon such payment or tender, any mort Deposit of mort
gage money on
refusal to accept,
gagee shall fail to assign or release his interest in such mortgage as directed by the
company, or if he fail to adduce a good title thereto to their satisfaction, then it shall
be lawful for the company to deposit in the bank, in the manner provided by this
Ordinance in like cases, the principal and interest, together with the costs, if any, due
on such mortgage, and also, if such payment be made before the expiration of the
notices aforesaid, such further interest as would at such expiration become due ; and
it shall be lawful for them, if they think fit, to execute a deed poll, duly stamped, in
the manner hereinbefore provided in the case of the purchase of lands by them ; and
thereupon, as well as upon such assignment by the mortgagee, if any , being made, all
the estate and interest of such mortgagee, and of all persons in trust for him, or
for whom he may be a trustee, in such lands, shall vest in the company, and they shall
be entitled to immediate possession thereof in case such mortgagee were himself
entitled to such possession.
112. If any such mortgaged lands shall be of less value than the principal, interest , Sum to be paid
when mortgage
exceeds the
and costs secured thereon , the value of such lands, or the compensation to be made by value of the
lands.
the company in respect thereof, shall be settled by agreement between the mortgagee
of such lands and the party entitled to the equity of redemption thereof on the one
part, and the company on the other part, and if the parties aforesaid fail to agree
respecting the amount of such value or compensation, the same shall be determined as
in other cases of disputed compensation ; and the amount of such value or compensa
tion, being so agreed upon or determined, shall be paid by the company to the
mortgagee in satisfaction of his mortgage debt so far as the same will extend , and
upon payment or tender thereof the mortgagee shall assign or release all his interest in
such mortgaged lands to the company, or as they shall direct.
113. If, upon such payment or tender as aforesaid being made, any such mortgagee Deposit of
money wher
fail so to assign his interest in such mortgage, or to adduce a good title thereto to the refused on
tender .
satisfaction of the company, it shall be lawful for them to deposit the amount , or
value, or compensation in the bank, in the manner provided by this Ordinance in like
cases, and every such payment or deposit shall be accepted by the mortgagee in satisfac
tion of his mortgage debt, so far as the same will extend , and shall be a full discharge
of such mortgaged lands from all money due thereon ; and it shall be lawful for the
company, if they think fit, to execute a deed poll, duly stamped , in the manner herein
before provided in the case of the purchase of lands by them ; and thereupon such lands,
as to all such estate and interest as were then vested in the mortgagee, or any person
in trust for him, shall become absolutely vested in the company and they shall be
entitled to immediate possession thereof in case such mortgagee were himself entitled
to such possession ; nevertheless, all rights and remedies possessed by the mortgagee
1628 ORDINANCE No. 1 of 1882.
Tramways .
against the mortgagor, by virtue of any bond, or covenant, or other obligation , other
than the right to such lands , shall remain in force in respect of so much of the
mortgage debt as shall not have been satisfied by such payment or deposit.
Sum to be paid 114. If a part only of any such mortgaged lands be required for the purposes of this
where part only
of mortgaged
lands taken. Ordinance, and if the part so required be of less value than the principal money, interest,
and costs secured on such lands, and the mortgagee shall not consider the remaining part
of such lands a sufficient security for the money charged thereon, or be not willing to
release the part so required, then the value of such part, and also the compensation (if
any) to be paid in respect of the severance thereof or otherwise, shall be settled by
agreement between the mortgagee and the party entitled to the equity of redemption of
such land on the one part, and the company on the other, and if the parties aforesaid fail
to agree respecting the amount of such value or compensation, the same shall be
determined as in other cases of disputed compensation ; and the amount of such value or
compensation, being so agreed upon or determined, shall be paid by the company to such
mortgagee in satisfaction of his mortgage debt so far as the same will extend ; and there
upon such mortgagee shall assign or release to them, or as they shall direct, all his
interest in such mortgaged lands the value whereof shall have been so paid ; and a
memorandum of what shall have been so paid shall be endorsed on the deed creating such
mortgage, and shall be signed by the mortgagee ; and a copy of such memorandum shall
at the same time (if required) be furnished by the company at their expense to the party
entitled to the equity of redemption of the lands comprised in such mortgage deed .
Deposit ofmoney 115. If, upon payment or tender to any such mortgagee of the amount of the value
when refused on
tender.
or compensation so agreed upon or determined , such mortgagee shall fail to assign or
release to the company, or as they shall direct, his interest in the lands in respect of which
such compensation shall so have been paid or tendered , or if he shall fail to adduce a
good title thereto to the satisfaction of the company, it shall be lawful for the company
to pay the amount of such value or compensation into the bank, in the manner provided
by this Ordinance in the case of moneys required to be deposited in such bank, and such
payment or deposit shall be accepted by such mortgagee in satisfaction of his mortgage
debt, so far as the same will extend, and shall be a full discharge of the portion of the
mortgaged lands so required from all money due thereon ; and it shall be lawful for the
company, if they think fit, to execute a deed roll, duly stamped, in the manner herein
before provided in the case of the purchase of lands by them ; and thereupon such lands
shall become absolutely vested in the company, as to all such estate and interest as were
then vested in the mortgagee, or any person in trust for him, and in case such mortgagee
were himself entitled to such possession they shall be entitled to immediate possession
thereof ; nevertheless, every such mortgagee shall have the same powers and remedies
for recovering or compelling payment of the mortgage money or the residue thereof (as
the case may be) , and the interest thereof, respectively, upon and out of the residue of
such mortgaged lands, or the portion thereof not required for the purposes of this Ordinance,
ORDINANCE No. 1 OF 1882 . 1629
Tramways.
as he would otherwise have had, or been entitled to, for recovering or compelling payment
thereof upon or out of the whole of the lands originally comprised in such mortgage ..
116. Provided always, that, in any of the cases hereinbefore provided with respect Compensation to
be made in
certain cases, if
to lands subject to mortgage, if in the mortgage deed a time shall have been limited for mortgage paid
off before the
payment of the principal money thereby secured, and under the provisions hereinbefore stipulated time.
contained , the mortgagee shall have been required to accept payment of his mortgage
money, or of part thereof, at a time earlier than the time so limited, the company shall
pay to such mortgagee, in addition to the sum which shall have been so paid off, all such
costs and expenses as shall be incurred by such mortgagee in respect of, or which shall
be incidental to, the re-investment of the sum so paid off, such costs in case of difference
to be taxed, and payment thereof enforced , in the manner herein provided with respect
to the costs of assignments ; and if the rate of interest secured by such mortgage be
higher than at the time of the same being so paid off can reasonably be expected to be
obtained on re-investing the same, regard being had to the then current rate of interest
allowed by the Court, such mortgagee shall be entitled to receive from the company, in
addition to the principal and interest hereinbefore provided for, compensation in respect
of the loss to be sustained by him by reason of his mortgage money being so prematurely
paid off, the amount of such compensation to be ascertained, in case of difference, as in
other cases of disputed compensation ; and until payment or tender of such compensation
as aforesaid the company shall not be entitled, as against such mortgagee, to possession
of the mortgaged lands under the provisions hereinbefore contained.
Rent-charges.
117. If any difference shall arise between the company and the party entitled to any Release oflands
from rent
such charge upon any of the said lands mentioned in the said schedule D. , and required charges.
to be taken for the purposes of this Ordinance, respecting the consideration to be paid
for the release of such lands therefrom, or from the portion thereof affecting the lands
required for the purposes of this Ordinance, the same shall be determined as in other
cases of disputed compensation.
118. If part only of the lands charged with any such rent-charge, chief or other Release ofpart
oflands from
rent, payment or incumbrance, be required to be taken for the purposes of this Ordi charge.
nance, the apportionment of any such charge may be settled by agreement between the
party entitled to such charge and the owner of the lands on the one part, and the
company on the other part, and if such apportionment be not so settled by agreement ,
the same shall be settled by a Judge in Summary Jurisdiction ; but if the remaining
part of the lands so jointly subject be a sufficient security for such charge, then, with
consent of the owner of the lands so jointly subject, it shall be lawful for the party
entitled to such charge to release therefrom the lands required, on condition or in
consideration of such other lands remaining exclusively subject to the whole thereof.
1630 ORDINANCE No. 1 OF 1882.
Tramways.
Deposit in case of 119. Upon payment or tender of the compensation so agreed upon or determined
refusal to
release.
to the party entitled to any such charge as aforesaid, such party shall execute to the
company a release of such charge ; and if he fail so to do , or if he fail to adduce good
title to such charge to the satisfaction of the company, it shall be lawful for them to
deposit the amount of such compensation in the bank in the manner hereinbefore
provided in like cases, and also, if they think fit, to execute a deed poll, duly stamped
in the manner hereinbefore provided in the case of the purchase of lands by them, and
thereupon the rent- charge, chief or other rent, payment, or incumbrance, or the portion
thereof in respect whereof such compensation shall so have been paid, shall cease and
be extinguished .
Charge to con
tinue on lands 120. If any such lands be so released from any such charge or incumbrance, or
not taken.
portion thereof to which they were subject jointly with other lands, such last-mentioned
lands shall alone be charged with the whole of such charge, or with the remainder
thereof, as the case may be, and the party entitled to the charge shall have all the
same rights and remedies over such last- mentioned lands for the whole or the remainder
of the charge, as the case may be, as he had previously over the whole of the lands
subject to such charge ; and if upon any such charge or portion of charge being so
released the deed or instrument creating or transferring such charge be tendered to the
company for the purpose, they shall affix their common seal to a memorandum of such
release endorsed on such deed or instrument, declaring what part of the lands originally
subject to such charge shall have been purchased by virtue of this Ordinance, and if
the lands be released from part of such charge, what proportion of such charge shall
have been released , and how much thereof continues payable, or if the lands so required
shall have been released from the whole of such charge, then that the remaining lands
are thenceforward to remain exclusively charged therewith ; and such memorandum
shall be made and executed at the expense of the company and shall be evidence in all
Courts and elsewhere of the facts therein stated, but not so as to exclude any other
evidence of the same facts.
Where part
only of lands 121. Where part only of any lands comprised in a lease for a term of years shall
inder lease taken
the rent to be be required for the purposes of this Ordinance, the rent payable in respect of the lands
apportioned .
comprised in such lease shall be apportioned between the lands so required and the
residue of such lands ; and such apportionment may be settled by agreement between
the lessor (including Her Majesty in those cases where Her Majesty shall be the
lessor) and the lessee of such lands on the one part, and the company on the other
part, and if such apportionment be not so settled by agreement between the parties such
apportionment shall be settled by a Judge in Summary Jurisdiction ; and after such
apportionment the lessee of such lands shall, as to all future accruing rent, be liable
only to so much of the rent as shall be so apportioned in respect of the lands not
required for the purposes of this Ordinance ; and as to the lands not so required, and
as against the lessee, the lessor shall have all the same rights and remedies for the
recovery of such portion of rent as previously to such apportionment he had for the
recovery of the whole rent reserved by such lease ; and all the covenants, conditions ,
ORDINANCE No. 1 oF 1882. 1631
Tramways .
and agreements of such lease , except as to the amount of rent to be paid, shall remain
in force with regard to that part of the land which shall not be required for the
purposes of this Ordinance, in the same manner as they would have done in case such
part only of the land had been included in the lease.
Compensation to tenants.
122. Every such lessee as last aforesaid shall be entitled to receive from the Tenants to be
compensated.
company compensation for the damage done to him in his tenancy by reason of the
severance of the lands required from those not required or otherwise by reason of the
execution of the works.
123. If any such lands shall be in the possession of any person having no greater Compensation to
be made to
interest therein than as tenant, and if such person be required to give up possession tenants.
of any lands so occupied by him before the expiration of his term or interest therein,
he shall be entitled to compensation for the value of his unexpired term or interest in
such lands , and for any just allowance which ought to be made to him by an incoming
tenant, and for any loss or injury he may sustain, or, if a part only of such lands be
required, compensation for the damage done to him in his tenancy by severing the
lands held by him or otherwise injuriously affecting the same ; and the amount of such
compensation shall be determined by a Judge in Summary Jurisdiction in case the
parties differ about the same ; and upon payment or tender of the amount of such
compensation all such persons shall respectively deliver up to the company or to the
person appointed by them to take possession thereof, any such lands in their possession
required for the purposes of this Ordinance .
124. If any party, having a greater interest than as tenant-at-will, or monthly Where greate
interest claimed
than at will,
tenant, claim compensation in respect of any unexpired term or interest under any lease to be
produced.
lease of any such lands, the company may require such party to produce the lease in
respect of which such claim shall be made, or the best evidence thereof in his power ;
and, if, after demand made in writing by the company, such lease or such best evidence
thereof be not produced within twenty-one days, the party so claiming compensation
shall be considered as a tenant holding only from month to month , and be entitled to
compensation accordingly.
Limit of compulsory powers.
125. The powers of the company for the compulsory purchase or taking of lands Limit of time for
compulsory
for the purposes of this Ordinance shall not be exercised after the expiration of three purchase.
years from the passing of this Ordinance.
Interests omitted to be purchased.
126. If at any time after the company shall have entered upon any lands which, Company
empowered to
under the provisions of this Ordinance, they were authorized to purchase, and which purchase
interestsin lands.
shall be permanently required for the purpose of this Ordinance, any party shall appear the purchase
whereof may
have been
to be entitled to any estate, right, or interest in or charge affecting such lands which omitted by
mistake.
the company shall, through mistake or inadvertence, have failed or omitted duly to
1632 ORDINANCE No. 1 OF 1882 .
Tramways .
purchase, or to pay compensation for, then, whether the period allowed for the purchase
of lands shall have expired or not, the company shall remain in the undisturbed pos
session of such lands, provided, within three months after notice of such estate, right,
interest, or charge, in case the same shall not be disputed by the company, or in case
the same shall be disputed, then within three months after the right thereto shall have
been finally established by law in favour of the party claiming the same, the company
shall purchase or pay compensation for the same, and shall also pay to such party, or
to any other party who may establish a right thereto, full compensation for the mesne
profits or interest which would have accrued to such parties respectively in respect
thereof during the interval between the entry of the company thereon and the time of
the payment of such purchase-money or compensation by the company, so far as such
mesne profits or interest may be recoverable in law or equity ; and such purchase-money
or compensation shall be agreed on or awarded and paid in like manner as according
to the provisions of this Ordinance the same respectively would have been agreed on ,
or awarded , and paid , in case the company had purchased such estate, right, interest,
or charge before their entering upon such land, or as near thereto as circumstances
will admit .
How value of 127. In estimating the compensation to be given for any such last-mentioned
such lands to be
estimated. lands, or any estate or interest in the same, or for any mesne profits thereof, the arbi
trators , umpire, or Judge in Summary Jurisdiction as the case may be, shall assess
the same according to what they shall find to have been the value of such lands, estate ,
or interest, and profits, at the time such lands were entered upon by the company, and
without regard to any improvements, or works, made in the said lands by the company,
and as though the works had not been constructed .
Company to pay 128. In addition to the said purchase- money, compensation , or satisfaction, and
the costs of
litigation as to before the company shall become absolutely entitled to any such estate, interest, or
such lands.
charge, or to have the same merged or extinguished for their benefit, they shall , when
the right to any such estate, interest, or charge, shall have been disputed by the company
and determined in favour of the party claiming the same, pay the full costs and expenses
of any proceedings at law or in equity for the determination or recovery of the same
to the parties with whom any such litigation in respect thereof shall have taken place ;
and such costs and expenses shall, in case the same shall be disputed , be settled by the
Registrar.
Power to appeal.
Power to appeal 129. If the company, or any party, shall be dissatisfied with the award of any
from award.
arbitrator, or umpire, made under the provisions of this Ordinance in respect of the
amount of any compensation to be paid , the company, or such party, may appeal there
from by petition to the Governor in Council, provided that such petition of appeal be
deposited in the office of the Colonial Secretary of the said Colony of Hongkong not
later than two weeks after the date of the making of such award .
ORDINANCE No. 1 of 1882 . 1633
Tramways.
130. The Governor in Council shall thereupon decide upon such petition, and Governor in
Council to
shall be at liberty to confirm, set aside, or alter, such award, or reduce, or add to the adjudge petition.
amount awarded thereby in such manner as he shall think proper, having regard to the
rights of all parties, and he may order by whom, and in what proportions the costs of
the company and of such party shall be paid, and such costs may include such costs of
the arbitration , as the Governor in Council shall think fit to award.
131. Any compensation awarded or ordered by the Governor in Council may be Recovery of
compensation
awarded by
recovered and levied in all respects in the same and the like manner as other compen Governor in
Council.
sation may be recovered and levied under the provisions of this Ordinance.
132. If the company, or any party shall feel aggrieved by the determination. Power to appeal
from Judge in
Summary Juris
adjudication of a Judge in Summary Jurisdiction, with respect to any penalty or for diction'sdecision.
feiture under the provisions of this Ordinance, the company or such party may appeal
to the Full Court , but no such appeal shall be entertained unless it be made within
three months next after the making of such determination or adjudication, nor unless
ten days' notice in writing of such appeal, stating the nature and grounds thereof, be
given to the party against whom the appeal shall be brought, nor unless the appellant
forthwith after such notice enter into recognizances, with two sufficient sureties, before
a Magistrate, conditioned duly to prosecute such appeal, and to abide the order of the
Court thereon.
Sale of superfluous lands.
133. Within ten years after the expiration of the time limited by this Ordi Lands not
wanted to he
sold, or in default
nance for the completion of the works, the company shall absolutely sell and dispose of to vest in owners
ofadjoining
all superfluous lands, and in default thereof all such superfluous lands remaining unsold lands.
at the expiration of such period shall thereupon vest in and become the property of the
owners of the lands adjoining thereto, in proportion to the extent of their lands re
spectively adjoining the same.
Service of documents.
134. Any summons or any writ or other proceeding at law or in equity required Service of
summons, &c.
to be served upon the company may be served by the same being left at, or transmitted
through the post directed to, the principal office of the company, or being given or
transmitted through the post directed to the secretary , or, in case there be no secre
tary, the solicitor of the company.
135. With respect to notices, and to the delivery thereof by or to the company, Form and deli
very ofnotices.
the following provisions shall bave effect, that is to say :--
1. Every notice shall be in writing or print, or partly in writing and partly in
print.
other com
2. Any notice to be delivered by or to the company to or by any
pany or person may be delivered by being left at the office of such other
company, or person , or at the then present, or then last known, place of
abode, or residence, of such person , or of his ostensible agent, or agents,
1634 ORDINANCE No. 1 of 1882 .
Tramways.
or of other the agent or agents, who pay the rents, rates and taxes payable
in respect of the property of such person, or by being affixed upon some
conspicuous part of any lands affected , or intended to be affected , by such
notice, or by being left at the office of the company, as the case may be,
or by being sent by post in a registered letter addressed ( as the case may
be) to the clerk or secretary of such other company at their principal
office, or to such person at his then present, or then last known , place of
abode, or residence, or at his office or business premises, or by being so
sent by post addressed to the ostensible agent or agents of such person ,
or other the agent or agents aforesaid, or to the clerk or secretary of the
company at their principal office .
Miscellaneous.
Tender of 138. If any party shall have committed any irregularity, trespass, or other
amends.
wrongful proceeding in the execution of this Ordinance, or by virtue of any power, or
authority hereby given , and if, before action or suit brought in respect thereof, such
party make tender of sufficient amends to the party injured, such last-mentioned party
shall not recover in any such action or suit, and, if no such tender shall have been
made, it shall be lawful for the defendant, by leave of the Court where such action or
suit shall be pending, at any time, before answer filed, to pay into Court such sum of
money as he shall think fit, and thereupon such proceedings shall be had as in other
cases where defendants are allowed to pay money into Court.
Recovery of 137. All tolls, penalties, rates, and charges made or incurred under or by virtue
tolls, & c.
of this Ordinance shall except where otherwise provided be recovered , levied , and dis
tributed on conviction of the offender before any Magistrate of Police or any two
Justices of the Peace in the manner provided by Ordinance No. 10 of 1844.
By distress. 138. If the amount of the tolls, penalties, rates, or charges, be not forth with paid ,
the amount thereof shall be levied by distress, and any Magistrate shall issue his
warrant of distress accordingly. The said amount shall be levied by distress and sale
of the goods and chattels of the party liable to pay the same, and the overplus arising
from the sale of such goods and chattels, after satisfying the amount due, and the
expenses of the distress and sale, shall be returned on demand to the party whose
goods shall have been distrained.
Distress not un 139. No distress levied by virtue of this Ordinance shall be deemed unlawful,
lawful for want
of form. nor shall any party making the same be deemed a trespasser, on account of any defect
or want of form in the summons, conviction, warrant of distress, or other proceeding
relating thereto, nor shall such party be deemed a trespasser ab initio on account of
any irregularity afterwards committed by him, but all persons aggrieved by such
defect, or irregularity, may recover full satisfaction for the special damage in an action
or suit upon the case.
ORDINANCE No. 1 OF 1882 . 1635
Tramways.
140. Any person who, upon any examination upon oath under this Ordinance, False witnesses.
shall wilfully and corruptly give false evidence shall be liable to the penalties of wilful
and corrupt perjury.
141. The company shall be answerable for all accidents, damages, and injuries Company to be
responsible for
happening through their act, or default, or through the act or default of any person in all damage.
their employment, by reason or in consequence of any of their works or carriages , and
shall save harmless all other companies, or bodies, collectively and individually, and
their officers and servants, from all damages and costs in respect of such accidents ,
damages, and injuries.
142. Notwithstanding anything in this Ordinance contained the company shall Right of user
only acquired.
not acquire any right other than that of user of the roads along or across which they lay
any tramway, unless such road be the property of the company.
143. Nothing in this Ordinance shall limit the powers of the Police to regulate Power to Police
to regulate
the passage of any traffic along or across any public road along or across which any traffic.
tramway is laid down, and the Police may exercise their powers as well on as off the
tramway, and with respect as well to the traffic of the company as to the traffic of other
persons, and in particular nothing in this Ordinance shall limit the power of the
Captain Superintendent of Police to make regulations under and exercise the powers
conferred on him by Ordinance No. 10 of 1869.
144. Nothing in this Ordinance, or in any regulation or bye-law made hereunder, Rights of public
reserved.
shall take away or abridge the right of the public to pass along or across every or any
part of any public road along or across which any tramway is laid whether on or off
the tramway with carriages not having flange- wheels , or wheels suitable only to run
on the rail of the tramway.
145. The powers and privileges given by this Ordinauce are so given saving and Reservation of
rights of the
Crown.
reserving always the rights of Her Majesty and of all bodies politic and corporate, and
of all other persons except such as are mentioned in this Ordinance and those claiming
by, from, and under them.
146. This Ordinance shall not come into operation until it has received Her Suspending
clause.
Majesty's assent, and such assent has been duly notified by proclamation in the
Gazette.
Schedule A.
(Applicable and extending only to the tramways Nos. 1, 2, 3, 4 and 5.)
Every engine used on the tramways shall be fitted with such mechanical appliances for preventing Break power of
engines.
the motive power of such engine from operating, and for bringing such engine and any carriage drawn
or propelled by such engine to a stand, as the Governor may, from time to time, think sufficient.
Every engine used on the tramways shall have its number shewn in some conspicuous part thereof,
and shall be fitted :
:
With an indicator by means of which the speed shall be shown ;
With a suitable fender to push aside obstructions ;
With a special bell, whistle or other apparatus to be sounded as a warning when necessary ; and As to fittings of
engines, &c.
With a seat for the driver of such engine, so placed in front of such engine as to command the
fullest possible view of the road before him.
1636 ORDINANCE No. 1 OF 1882 .
Tramways.
Schedule B.
The tolls and charges by this Ordinance authorized to be taken are :—
For every passenger travelling upon the tramways Nos. 1 , 2, 3, and 4, or any of them, or any
part thereof,
If such passenger is a first class passenger, any sum not exceeding .20 cents.
If a second class passenger, any sum not exceeding ......... ..15 ..
If a third class passenger, any sum not exceeding ..... ♪
For every passenger travelling upon the tramway No. 5 , or any part thereof,—
The same tolls and charges as those hereinbefore authorized in respect of the tramways.
Nos. 1 , 2, 3 and 4.
For every passenger travelling upon the tramway No. 6, or any part thereof,
If such passenger is a first class passenger, any sum not exceeding ...............30 cents.
If a second class passenger, any sum not exceeding .......... .20 ""
If a third class passenger, any sum not exceeding 10
Schedule C.
TOLLS AND CHARGES FOR ANIMALS, GOODS, & c.
Animals.
Per mile.
For every horse, mule, or other beast of draught or burden , per head, .12 cents.
For every ox, cow, bull or head of cattle, per head, 12 "3
For every calf, pig, sheep, or other small animal, per head, ..... 10 "
Goods and minerals.
For all coals, coke, culm, charcoal, cannel, limestone, chalk, lime, salt, sand, fire-clay, cinders,
dung, compost and all sorts of manure, and all undressed materials for the repair of public
roads or highways, per ton, …………….. ...... .20
For all iron, iron ore, pig iron, bar iron, rod iron , sheet iron, hoop iron, plates of iron , slabs , billets
and rolled iron, bricks, slags, and stone, stones for building, pitching and paving, tiles,
slates, and clay (except fire-clay), and for wrought iron not otherwise specially classed
herein, and for heavy iron castings, including railway chairs, per ton ......... 20
For all sugar, grain, corn, flour, hides, dyewoods , earthenware, timber and metals (except iron) ,
nails, anvils, vices, and chains, and for light iron castings, per ton........ 20
For cotton and other wools, drugs (except opium ) and manufactured goods, and all other wares,
merchandise , fish, articles, matters or things, per ton, .30
For opium, per chest,.......... .20
Smallparcels.
For every parcel not exceeding seven pounds in weight, cach, 5 ""
For any parcel exceeding seven pounds and not exceeding fourteen pounds in weight, each, ... 10
For any parcel exceeding fourteen pounds and not exceeding twenty-eight pounds in weight,
each, ..........15
For any parcel exceeding twenty-eight pounds, and not exceeding fifty-six pounds in weight,
each, ………………. 20
For any parcel exceeding fifty-six pounds in weight , such sums as the company may think fit.
Provided always, that articles sent in large aggregate quantities, although made up in separate
parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but that
term shall apply only to single parcels in separate packages.
Regulations as to tolls.
A fraction of a mile beyond an integral number of miles shall be deemed a mile.
For a fraction of a ton, the company may demand and take tolls and charges according to the
number of the quarters of a ton in such fraction, and if there be a fraction of a quarter of a ton, such
fraction shall be deemed a quarter of a ton.
With respect to all articles, except stone and timber, the weight shall be determined according to
the usual avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone, fifty cubic feet of China fir, or
Singapore cedar, and forty cubic feet of any other timber, shall be deemel one ton weight, and so in
proportion for any smaller quantity.
1882 . 1637
REFER
ENCE No. of UNDER DESCRIPTION
NECTIONS. LESSEES. OCCUPIERS. MORTGAGEES.
No. HOUSE. OF S OF PROPERTY.
⠀⠀⠀⠀⠀⠀⠀⠀
ON PLAN.
12:
Penning Vacant Ground.
Great Ge
0
25 Wán -tsa JNg Sui Woo and Loi
A-vun. Shop and House.
Sai Tin and Chau Che.
447
23 99
21 Wong Hui Shang and
Hop Ki. ""
67899
19 Ng Hoi & Fuk Cheong. 99
17 Mak Cheong. 99
99
15 "" 99
13 Yu Fuk and Sing Ho.
(Not let), Chung Tin
10 11 Yeong.
:
& Ho Sau Yin Cho and Tsui
11 9 "" Fat.
::
12 7 Chun Yin Tsun and
"
Leong A-leung.
2010
13 5 99 Leong Yun Shan. ""
( Tsang Kum and Chung "
14 3 Tai.
99 & Ho
15 1 Fok Shing. ""
99
g Kw.
16 Cross Stam Sai Leong King Ki. Shop and House.
17 ""
Chang Nam and Quok ""
18 Mocy. Yung Luk.
***222
19 36 Wan-tsaing. Chiu A-sz & Chiu Sue.
20 99 Mok Chung & Chue Ng. ......
**
EN
21 32 Tam Sam, (not let).
R
*
......
***
22 Tang King, (not let).
(Chau Pat Yau & Wong
23 28 Shing.
*
24 26 Chau Shan &Chau Sam.
25 215 Tong Kee. Leong Kwok She, Chinese Shop .
Queen's
(rent charge).
26 217 Sam Kee. ?? ??
:
27 219 Ching Yune. 99
28 221 }
29 Wong Chau, Yung San, 99 (Two together).
རྔུབ
6:5
223 & Woh Sang. Chinese Shop.
Wing Tuck, represent
⠀⠀⠀⠀⠀
30 26 in. ative of the late R.
Rozario.
F.
:
ོུ
རཆྩེོ
Shin Yune & Mow Lee. Fong Attai.
ARRRRR :
31 28
32 30 Kwan Woh. "
33 32 Yik Lee.
34 34 Yik Lee and Chow Sai. 39
35 36 Kut Loong.
36 38 Sz Hing. Fong Attai.
Queen's 1 Lai Kee.
37 40 22 99
Vacant. ( Revd. Fr. Fer
38 42 "" nando Sainz.
39 44 ." Tak Loong & Hoi On.
1638
REFER
ENCE NO. OF NAMES
HOUSE. NDER OCCUPIERS. MORTGAGEES. DESCRIPTION
No. OF STREETS.
ON PLAN. SSEES. OF PROPERTY.
⠀⠀⠀⠀⠀
40 158 Queen's Road West....
41 160 J Mai Ling Cheong and Chinese Shop.
"
1 How Woh.
24 # 435
162 ""
:: 66
43 164 "" ... Hop Les. 99
He Loong& Chung A-yau. .... ""
44 166 Kwan Hing Loong &
:::
Wong A-ho.
39
168
Sing Lee & Wong A-ho.
46 170
39
99 Kwan Hing & Tong
Kee.
47 172
86
Hang Wah and Low
121
San Woo.
174
4:4
48 Yat Leong,WongKwai, T. G. Linstead's
:
and Hoi Kec. Executors.
49 197 Kwan Ye Woh. ..... Chinese House.
66
:
50 199 ... Shiu Loong, Foon Che
19
ong and Yik Woh.
:
1
51 201 " 29 Chau Chi Pat , Chau
:"
:
D
Hang and Yik Woh.
218 16
52 203
66 66 60
Me Cheong and Shun
:
⠀⠀
205 Le Pun.
53
Tai Cheong.
54 207
55 269 Shan Leong Chan. Chinese House.
55
To Shang Tong. Chinese Shop .
::
56 271 ( Wing Hing and Wong
:
:
Chak.
57 273 Yun Shang, Liu Kee,
Hing Woh and Loi
:
:
93
:
Sam.
:
58 275 Poon Shang Tong, (2
99
floors empty) , Lou
:
Tack.
:
59 277 "9 21 Hung Lum Tong, Tye
Lit, Leong Kit Lim
:
:
& Pang Leong Kee.
60 279 39 Shing Loong, Tsing
99 Choong Nam , Le
:.
:
Ngo and Lai Yuk.
1 2 3 289568
61 9D Centre Street, Mé Cheong, Lui Tack
and Leong Chut Tyc.
:::::::::
62 9c 99 Mé Cheong.
63 None. New Lane (no name) , Vacant. Revd. Francis
64 166 Benit Herce.
Praya West, Jack Hing. ""
166A 29
166B Pow Woh Tong. "
66 99 Yau Woh Cheong.
67 166c "" 93
166D "
166E Yow Law Hin.
Po Kee.
A small piece of
70 None. Queen's Road West,...! .. The Sailors' Home. groundat the South
East corner of the
compound.
None. A corner of Mr. Ede's rac
71 The Gap, Victoria F N. J. Ede, Esq . ant land triangular in sha
Peak, ............. pe as per deposited plan,
215,205 and 60 feet on the
sides, and 6,450 square feet
in arca moreor less.
d. No. 4 of 1887. ]
ORDINANCES Nos . 2 AND 3 OF 1882 . 1639
Naturalization.
No. 2 of 1882 .
An Ordinance for the naturalization of CHAN TENG CHO .
[ 22nd February, 1882. ]
HEREAS CHAN TENG CHO has petitioned to be naturalized as a
W
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
----
as follows :
CHAN TENG CHо , shall be, and he is hereby naturalized a British Naturaliza
tion of CHAN
subject within this Colony, and shall enjoy within this Colony, but not TENG CHỎ .
elsewhere, all the rights , advantages and privileges of a British subject , on
his taking the oath of allegiance under the provisions of the Promissory
Oaths Ordinance , 1869.
No. 3 of 1882.
An Ordinance for the naturalization of 'NG LI HING.
[ 22nd February, 1882. ]
HEREAS ' NG LI HING, has petitioned to be naturalized as a
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the Gov
ernor of Hongkong, with the advice of the Legislative Council thereof, as
follows :-
' NG LI HING, shall be, and he is hereby naturalized a British subject Naturaliza
tion of NG
within this Colony, and shall enjoy within this Colony , but not elsewhere, LI HING .
all the rights, advantages and privileges of a British subject , on his taking
the oath of allegiance under the provisions of the Promissory Oaths
Ordinance, 1869 .
1640 ORDINANCES Nos . 4 AND 5 OF 1882 .
Naturalization,
No. 4 of 1882.
An Ordinance for the naturalization of YAU CHONG PENG.
[22nd February, 1882. ]
HEREAS YAU CHONG PENG has petitioned to be naturalized as a
W
British subject within the limits of the Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice ofthe Legislative Council thereof,
as follows :
Naturaliza YAU CHONG PENG, shall be, and he is hereby naturalized a British
tion of YAU
CHONG PENG . subject within this Colony, and shall enjoy within this Colony , but not
elsewhere, all the rights , advantages and privileges of a British subject,
on his taking the oath of allegiance under the provisions of the Promissory
Oaths Ordinance, 1869 .
No. 5 of 1882 .
An Ordinance for the naturalization of CHAN MUN WING.
[ 22nd February, 1882. ]
HEREAS CHAN MUN WING has petitioned to be naturalized as a
W
British subject within the limits of this Colony , and whereas it
is expedient that he should be so naturalized ; Be it enacted by the Gov
ernor of Hongkong, with the advice of the Legislative Council thereof,
as follows :
Naturaliza CHAN MUN WING, shall be, and he is hereby naturalized a British
tion of CHAN
MUN WING. subject within this Colony, and shall enjoy within this Colony, but not
elsewhere, all the rights , advantages and privileges of a British subject ,
on his taking the oath of allegiance under the provisions of the Promissory
Oaths Ordinance , 1869 .
ORDINANCE No. 6 of 1882 . 1641
Chairs and Vehicles.
No. 6 of 1882 .
An Ordinance entitled an Ordinance to amend Ordinance 6 of 1863 .
( Regulation of Chairs and Vehicles ) .
[ 22nd February, 1882. ]
E it enacted by the Governor of Hongkong with the advice of the Legislative
BR Council thereof as follows :
:
Ordinance 6 of 1863 is hereby amended as follows that is to say.
Section 1. by adding at the end the words.
"Licences under this Ordinance shall be for the carriage of passengers only and
no holder of a licence shall use his vehicle or chair for the carriage of animals , mer
chandize, or goods other than personal effects or baggage."
"Every driver of a vehicle or bearer of a chair plying for hire must obtain a licence
to act as such from the Registrar General."
Section 2. by substituting for the words " Every such licence " the words " Such
licences. "
Section 6. by inserting after the words " renewal of licence " the words " and at
anytime thereafter when the Registrar General so requires" and by inserting after the
words " refuse a licence " the words " or if a licence has been granted to withdraw and
forfeit the licence."
Section 7. by adding after the word " time " in the sixth line thereof the words
" or place."
Section 8. by adding at the end the words "no holder of a licence shall loiter in
the streets so as to cause obstruction , but when unemployed shall proceed forthwith to a
stand, and range his vehicle or chair at the rear of any line of vehicles already stand
ing there.
Section 12. by inserting after the words " sitting or lying in a public vehicle or
ehair" the words and figures
15. or refusing to submit his chair or vehicle for inspection when required
by the Registrar General.
16. or refusing to surrender his licence when required by the Registrar
General.
17. or loitering in the streets so as to cause obstruction.
18. or behaving in a disorderly manner at any stand.
19. or carrying any animals, merchandize, or goods other than personal effects
or baggage in his chair or vehicle ."
[Repealed by Ordinance No. 5 of 1883. ]
1612 ORDINANCE No. 7 OF 1882.
Bankers' Books Evidence.
No. 7 of 1882.
An Ordinance to amend the Law with reference to Bankers' Books
Evidence .
[ 22nd February, 1882. ]
HEREAS serious inconvenience may be occasioned to bankers and also to the
W public by reason of the removal of the ledgers and other account books from
the banks for the purpose of being produced in legal proceedings ; And whereas it is
expedient to facilitate the proof of the transactions recorded in such ledgers and account
books ; 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 for all purposes as The Bankers' Books Evidence
Ordinance 1882.
Interpretation 2. The word " bank " in this Ordinance shall mean any body corporate company
Cause.
or society which now is or hereafter may be established by charter or by under or by
virtue of any act of Parliament or Ordinance.
The words " legal proceedings " in this Ordinance shall include all proceedings ,
whether preliminary or final, in Courts of justice , both criminal and civil, legal and
equitable, and shall include all proceedings, whether preliminary or final, by way of
arbitration, examination, of witnesses , assessment of damages, compensation, or other
wise, in which there is power to administer an oath .
The words " the Court " in this Ordinance shall mean the Court, Judge, Magis
trate, arbitrators, or other person authorised to preside over the said legal proceedings
for the time being, and shall include all persons , judges, or officers having jurisdiction
and authorised to preside over or to exercise judicial control over the said legal pro
ceedings or the procedure or any steps therein.
Entries in books 3. From and after the commencement of this Ordinance the entries in ledgers,
by affidavit
admissible in
evidence. day books, cash books, and other account books of any bank shall be admissible in all
legal proceedings as prima facie evidence of the matters, transactions, and accounts
recorded therein on proof being given by the affidavit in writing of one of the partners,
managers, or officers of such bank, or by other evidence that such ledgers, day books,
cash books, or other account books are or have been the ordinary books of such bank,
and that the said entries have been made in usual or ordinary course of business, and
that such books are in or come immediately from the custody or control of such bank.
Nothing in this clause contained shall apply to any legal proceeding to which any bank
whose ledgers, day books , cash books, and other account books may be required to be
produced in evidence shall be a party.
Originals need 4. Copies of all entries in any ledgers, day books, cash books or other account
not be produced .
books used by any such bank may be proved in all legal proceedings as evidence of such
entries without production of the originals, by means of the affidavit of a person who
has examined the same, stating the fact of said examination , and that the copies sought
to be put in evidence are correct .
ORDINANCES Nos. 7 AND S OF 1882 . 1643
Bankers' Books Evidence. Banishments and Conditional Pardons.
Proviso as to
5. Provided always, that no ledger, day book, cash book, or other account book of notice to parties
any such bank, and no copies of entries therein contained, shall be adduced or received in a suit.
in evidence under this Ordinance unless five days' notice in writing, or such other
notice as may be ordered by the Court, containing a copy of the entries proposed to be
adduced and of the intention to adduce the same in evidence , shall have been given by
the party proposing to adduce the same in evidence to the other party or parties to the
said legal proceeding, and that such other party or parties is or are at liberty to inspect
the original entries and the accounts of which such entries form a part.
6. On the application of any party to any legal proceedings who has received such Power under
order of Court to
inspect books
notice, a Judge of the Supreme Court may order that such party be at liberty to inspect and take copies.
and to take copies of any entry or entries in the ledger, day books, cash books, or
other account books of any such bank relating to the matters in question in such legal
proceedings, and such orders may be made by such Judge at his discretion either with
or without summoning before him such bank or the other party or parties to such legal
proceedings, and shall be intimated to such bank at least three days before such copies
are required.
7. On the application of any party to any legal proceedings who has received Judge may order
that copies are
notice, a Judge of the Supreme Court may order that such entries and copies mentioned not admissible.
in the said notice shall not be admissible as evidence of the matters, transactions , and
accounts recorded in such ledgers, day books, cash books, and other account books.
8. No bank shall be compellable to produce the ledgers, days books, cash books , Bank not com
pellable to
or other account books of such bank in any legal proceedings, unless a Judge of the produce books
except in certain
cases.
Supreme Court specially orders that such ledgers , day books, cash books, or other
account books should be produced at such legal proceedings .
[ Repealed by Ordinance No. 3 of 1885. ]
No. 8 of 1882 .
An Ordinance entitled The Banishment and Conditional Pardons Title.
Ordinance , 1882.
[ 1st March, 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE ――――
Legislative Council thereof, as follows :
1. In the construction of this Ordinance, the expression " order of Interpreta
tion clause.
banishment " means an order of the Governor in Council, prohibiting a
person from residing or being within this Colony , for a term not exceeding
five years .
1614 ORDINANCE No. 8 OF 1882.
Banishment and Conditional Pardons.
Security to 2. When any person not being a natural born or naturalized subject
appear within
twelve of Her Majesty having been convicted of any offence punishable by
months.
imprisonment has within twelve months after the expiration of any term
of imprisonment which he may have suffered for such offence been
convicted of any offence punishable by imprisonment such person may at
any time be required by any Magistrate to find reasonable security for
his appearance in any Court for any purpose, and at any time within
twelve months , and every adjudication to that effect shall be made in
open Court, and reported forthwith to the Governor ; and such person not
finding such security shall be deemed a person dangerous to the peace of
the Colony.
Power to 3. The Governor in Council may, by order, prohibit any person not
banish forfive
years. being a natural born or naturalized subject of Her Majesty from residing
or being within this Colony during any space of time not exceeding five
years, and may by the same or any subsequent order , fix the time for
the departure of such person from the Colony. Every order made under
this section prohibiting any person from residing or being within this
Colony shall contain a statement of the grounds upon which it is made .
[Amended by Ordinance No. 4 of 1885. ]
Penalty for 4. Every person who has been prohibited by order of the Governor
disobedience
of order of in Council from residing or being within this Colony for any space of
banishment.
time not exceeding five years under the provisions of this or any other
Ordinance, and who without lawful authority or excuse, the proof of
which shall lie upon him, is in this Colony after the date of such order,
or after the time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and upon convic
tion thereof shall be liable to imprisonment, with or without hard labour ,
for any period not exceeding one year : Provided 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 5. The Governor may in his discretion grant to any offender con
grant pardon
subject to victed of any crime a pardon subject to either of the following conditions ,
certain
conditions. as the case may be, viz .: That such offender shall quit the Colony and
not afterwards be found at large therein ; or that such offender shall, in
lieu of a sentence of death which may have been passed upon him by any
ORDINANCE No. 8 of 1882 . 1645
Banishment and Conditional Pardons.
Court of competent jurisdiction , suffer such term of imprisonment , with
or without hard labour, or penal servitude , as the Governor may think fit .
6. If any offender to whom a pardon has been granted either before Breach of
conditional
or after the passing of this Ordinance, on the condition of his quitting pardon.
the Colony, be afterwards found at large therein without lawful 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 received such conditional pardon , and shall , on conviction , be
liable, to any sentence not exceeding the whole of his original or
commuted sentence, such sentence to commence from the date at which
he is tried and convicted under this Ordinance : Provided 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, and to remit him to gaol to undergo any sentence
not exceeding the whole of his original or commuted sentence , instead of
committing him for trial at the Supreme Court.
7. If it appears fit to the Governor in Council, the Governor in Power of
Governor to
Council may issue a new order of banishment against any person who issue new
order of
has been convicted of an offence against section 4 of this Ordinance, and banishment.
such order shall commence to take effect during or at the expiration of any
term of imprisonment to which the prisoner has been sentenced.
8. If it appears fit to the Governor in Council , the Governor in Power to
banish for
Council may issue an order of banishment against any person who has offence
against sec. 6.
been convicted of an 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 has been sentenced .
9. Any person who knowingly harbours or conceals in the Colony Harbouring
banished
of Hongkong, any person whose banishment has been ordered , shall , on persons.
conviction thereof before a Magistrate, be liable to a fine not exceeding
fifty dollars, or in default of payment, to be imprisoned with or without
hard labour, for any term not exceeding six months .
10. The following enactments are hereby repealed , viz . : — Repe ds.
Ordinance 14 of 1845 , -Section 2 , sub-section 17 , from the words
"shall beg," to the words " alms or,"
inclusive .
1646 ORDINANCES Nos . 8 AND 9 OF 1882 .
Banishment and Conditional Pardons. Bankruptcy Official Assignee.
Ordinance 9 of 1857 , -All sections , except section 8 , not previously
repealed.
"" 8 of 1858 , Section 21 and section 28 , sub - section 9 ,
from the words " at the discretion " to the
L*The word words " the Court ( and ) " * inclusive and
and already
erased by 3 from the words " to his native " to the
of 1881. ]
words " any other place " inclusive.
1 of 1860 , -The whole.
46
33
9 of 1867 , -Section 17 .
33
16 of 1870 ,
99 4 of 1871 , The whole.
99 5 of 1871 ,
Provided that such repeal shall not affect the past operation of any such
enactment or anything done or suffered thereunder.
Suspending 11. This Ordinance shall not come into operation until Her Majesty's
clause.
confirmation thereof is proclaimed by the Governor .
[ Confirmation proclaimed 7th July, 1882.]
No. 9 of 1882.
Title. An Ordinance entitled Bankruptcy Official Assignee Ordinance,
1882.
[ 27th April , 1882. ] *
Preamble. HEREAS doubts have arisen as to the powers of the Official
W Assignee in bankruptcy to administer certain bankruptcies in
relation to which special appointments of assignees were made under
Ordinance 15 of 1867 , and it is expedient to remove such doubts : Be it
enacted by the Governor of Hongkong with the advice of the Legislative
Council thereof as follows :
ORDINANCES Nos . 9 AND 10 OF 1882 . 1647
Bankruptcy Official Assignee. Naturalization.
Official Assig
The Official Assignee in bankruptcy under Ordinance 5 of 1864 shall nee under
be deemed to be the Official Assignee in all bankruptcies pending at the Ordinance 5
of 1864 to be
time of the passing of this Ordinance, notwithstanding any special Official As
signee in all
appointments of assignees that may have previously been made in relation
. bankruptcies .
to any of such bankruptcies under Ordinance 15 of 1867 , and shall in
respect of the collection and distribution of assets remaining uncollected
or undistributed have all the powers and duties of an Official Assignee in
bankruptcy , under Ordinance 5 of 1864, in relation to all such bank
ruptcies, as fully to all intents and purposes, as if no special appointments
had previously been made under Ordinance 15 of 1867 , and all property
and effects and rights and interests which at the time of the passing of
this Ordinance were vested in any persons specially appointed to be
assignees in any of such bankruptcies, under Ordinance 15 of 1867 , shall
on the passing of this Ordinance be divested out of such persons and vest
absolutely, by virtue thereof, in the said Official Assignee, as fully and
effectually to all intents and purposes as if such persons had been appointed
assignees under Ordinance 5 of 1864 and had died resigned or been
removed from such office.
No. 10 of 1882 .
An Ordinance for the naturalization of WILLIAM QUINCEY .
[ 27th April , 1882. ]
HEREAS WILLIAM QUINCEY has petitioned to be naturalized as a
W
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows :
WILLIAM QUINCEY shall be , and he is hereby naturalized a British Naturaliza
tion of
subject within this Colony, and shall enjoy within this Colony, but not WILLIAM
QUINCEY.
elsewhere , all the rights, advantages and privileges of a British subject ,
on his taking the oath of allegiance under the provisions of the " Promissory
Oaths Ordinance , 1869."
1648 ORDINANCES Nos . 11 , 12 AND 13 OF 1882 .
Naturalization . French Mail Steamers.
No. 11 of 1882.
An Ordinance for the naturalization of Hu Wa.
[ 27th April, 1882. ]
HEREAS HU WA has petitioned to be naturalized as a British
subject within the limits of this Colony, and whereas it is expe
dient that he should be so naturalized ; Be it enacted by the Governor of
――――――――
Hongkong, with the advice of the Legislative Council thereof, as follows :
HÜ WA , shall be , and he is hereby naturalized a British subject
within this Colony, and shall enjoy within this Colony , but not elsewhere ,
all the rights, advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869. "
No. 12 of 1882.
An Ordinance for the naturalization of Ho SHUN .
[ 27th April, 1882. ]
HEREAS HO SHUN has petitioned to be naturalized as a British
subject within the limits of this Colony , and whereas it is expe
dient that he should be so naturalized ; Be it enacted by the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
HO SHUN, shall be, and he is hereby naturalized a British subject
within this Colony, and shall enjoy within this Colony , but not elsewhere,
all the rights , advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the " Promissory Oaths
Ordinance, 1869."
No. 13 of 1882 .
An Ordinance entitled , " French Mail Steamers Ordinance continuation
Ordinance , 1882. "
[ 11th August , 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
B Council thereof, as follows :
1. Ordinance 6 of 1880, entitled " An Ordinance to make temporary provision for
securing the status of French Mail Steamers within the ports of the Colony of Hong
kong," shall continue in force until the first of September, A.D. 1883, inclusive.
[ Repealed by Ordinance No. 4 of 1887. ]
ORDINANCE No. 14 OF 1882. 1649
Revenue.
No. 14 of 1882.
An Ordinance to authorize the Appropriation of a Supplementary Sum
of Forty -nine thousand and Ninety -two Dollars and Sixty - eight
Cents to defray the Charges of the Year 1881 .
[ 24th August, 1882. ]
HEREAS it has become necessary to make further provision for the public
W service of the Colony for the year 1881 , in addition to the charge upon the
revenue for the service of the said year already provided for. Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. A sum of forty-nine thousand and ninety-two dollars and sixty-eight cents is Supplementary
Estimates, 1881.
hereby charged upon the revenue of this Colony for the service of the year 1881 , the said
sum so charged being expended as hereinafter specified ; that is to say : —
ESTABLISHMENTS :
$
Governor, ..... 114,78
Auditor General, 1,977.13
Colonial Treasurer, 47.84
Registrar General, 313.83
Harbour Master, 3,389.69
$5,843.27
SERVICES EXCLUSIVE OF ESTABLISHMENTS :___
Surveyor General, $ 97.74
Educational, ...... 450.54
Medical, 4,264.79
Police, 9,059.00
Gaol, 966.53
Works and Buildings,. 2,598.90
Roads, Streets and Bridges, 2,558.57
Government Gardens and Plantations , .... 1,959.81
Miscellaneous Services , 19,436.36
Military expenditure, ...... 1,857.17
$ 43,249.41
TOTAL,.... 49,092.68
[ Repealed by Ordinance No. 4 of 1887.]
1650 ORDINANCE No. 15 OF 1882.
Revenue.
No. 15 of 1882 .
An Ordinance to apply a sun not exceeding Nine hundred and Thirty
seven thousand, Nine hundred and Twenty-eight Dollars to the
Public Service of the Year 1883 .
[ 24th August , 1882. ]
HEREAS the expenditure required for the service of this Colony for the year
W 1883 has been estimated at the sum of nine hundred and thirty-three
thousand, four hundred and twenty- 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 nine hundred and thirty-three thousand, four hundred and
twenty-eight dollars shall be, and the same is hereby charged upon the revenue of
this Colony for the service of the year 1883, and the said sum so charged may be expended
as hereinafter specified ; that is to say :
ESTABLISHMENTS :
Governor, $ 7,758
Colonial Secretary ,.... 5,984
Auditor General , 20,653
Colonial Treasurer,………. 4,180
Clerk of Councils , 100
Surveyor General, ……………. 31,026
Government Gardens and Plantations, 6,078
Postmaster General, 27,660
Registrar General , ....... 17,892
Harbour Master, 30,520
Lighthouses, ..... 7,508
Surveyor (Marine) , 4,806
Collector of Stamp Revenue, 4,642
Judicial, 34,508
Ecclesiastical, 1,158
Educational, 27,391
Medical, ..... 17,356
Police Magistrates , ... 7,363
Police, 152,904
Gaol, 27,540
Fire Brigade,....... 8,802
$445,829
Carried forward,………….. $445,829
ORDINANCES Nos. 15 AND 16 OF 1882 . 1651
Revenue. Merchant Shipping Consolidation.
Brought forward,.. $445,829
SERVICES EXCLUSIVE OF ESTABLISHMENTS : —
Colonial Secretary, ….. 540
Colonial Treasurer, 1,500
Surveyor General, ..... 2,160
Postmaster General, 57,000
Registrar General, ..... 25
Judicial , 500
Ecclesiastical, 500
Educational , ....... 13,817
Medical, 14,856
Police Magistrates, 390
Police, ..... 37,574
Gaol, ……………………… 21,320
Fire Brigade , 5,800
Charitable Allowances, .. 4,000
Transport,. 4,500
Works and Buildings,... 113,250
Roads, Streets, and Bridges , 53,000
Lighthouses, 1,000
Government Gardens and Plantations, 15,500
Miscellaneous Services, 35,800
Military Contribution, 109,067
$492,099
TOTAL,...... . $ 937,928
[ Repealed by Ordinance No. 4 of 1887. ]
No. 16 of 1882.
An Ordinance entitled The Merchant Shipping Consolidation Ordinance,
1879 , Amendment Ordinance, 1882 .
[ 5th September, 1882 .
E it enacted by the Governor of Hongkong with the advice of the Legislative
BR Council thereof, as follows :
1. Sub-section 1 of section 25 of Ordinance 8 of 1879, is hereby amended by in Sub-section 1 of
section 25 of
serting therein after the words " or place " and before the words " as he thinks " the Ordinances of
1879 amended .
words " or from any port or place in China or Japan or Cochin China which appears to
the Governor in Council to be likely to be in communication with any such country or
place," and by adding at the end of the same the following words :
1652 ORDINANCES Nos. 16 AND 17 OF 1882.
Merchant Shipping Consolidation. Supreme Court ( Vacation.)
Governor in The Governor in Council may from time to time by regulations under this section
Council may
make regulations set apart suitable places in available situations for quarantine stations and provide for
as to quarantine;
stations.
the detention and seclusion in such stations of persons arriving on board of vessels
subject to quarantine.
Sub-section 6 of Sub-section 6 of section 25 of Ordinance 8 of 1879 , is hereby amended by adding
section 25 of
Ordinance 8 of :-
at the end of the same the following words :-
1879 amended.
Police to have The Captain Superintendentof Police and any officers that he may appoint for
powers as in cases
of felony. the purpose of enforcing quarantine shall have the same powers to prevent the com
mission of breaches of such regulations and to arrest recapture or detain offenders
against them as may be used by any person for the prevention of any felony or the
arrest recapture or detention of a felon.
[ Repealed by Ordinance No. 9 of 1883. ]
No. 17 of 1882.
An Ordinance entitled The Supreme Court (Vacation) Ordinance,
1882 .
[ 5th September , 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
Repeal. 1. Sections 26 , 27 , 28 , 29 , and 30 , of Ordinance 12 of 1873 , are
hereby repealed , and section 24 of the same Ordinance is hereby amended
by striking out the words " and the periods of the vacation thereof. "
Ordinance 13 of 1873 is hereby amended by striking out sub- section
5 of section 93.
Sections 42 and 49 of Ordinance 14 of 1873 are hereby repealed .
Vacation 2. Any vacation current at the time of the passing of this Ordinance
current on
passing of this shall thereupon cease : Provided that in any cause or matter pending at
order to cease.
the time of the passing of this Ordinance, the Chief Justice may if he
thinks justice requires it, order that proceedings therein be suspended
until the date at which the then current vacation would otherwise have
ended, or until such earlier date as he thinks fit.
ORDINANCE No. 18 OF 1882 . 1653
Volunteers.
No. 18 of 1882 .
An Ordinance entitled , " The Volunteer Ordinance , 1882. "
[ 13th December, 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
1. Ordinance 2 of 1862 is hereby repealed. Repeal.
2. Such of the inhabitants of Hongkong as volunteer and offer Formation of
corps.
themselves, and as the Governor approves of may, form themselves into
a Corps for the protection of the Colony of Hongkong, to be called the
" Hongkong Volunteers, " and shall continue so formed during the
pleasure of the Governor. Such volunteers shall be instructed in the
use of the rifle and in the management of artillery, and be subject to drill
accordingly.
3. The Governor may from time to time appoint and commission Appointment
and removal
fit persons to be officers of such Corps , and may from time to time remove of officers.
any person so appointed .
4. The commanding officer of the Corps shall appoint the necessary Appointment
of non
non- commissioned officers. commissioned
officers.
5. The commanding officer of the Corps shall, as soon as he con Commanding
officer to
veniently can do so , frame rules for regulating the period of enrolment, frame rules
subject to
arms , dress, accoutrements and equipment of the said Corps and of the Governor's
approval.
members thereof, the time and place of drill and exercise, and all matters
relating to the enrolment, efficiency, and discipline of the said Corps and
of the members thereof, which rules may be enforced by fines for breach
thereof, not exceeding $ 50 for any one breach, to be recoverable and
enforced before and by a Police Magistrate ; and may from time to time
alter and vary such rules .
All such rules and alterations of rules shall be submitted to the
Governor for confirmation , and when confirmed shall have the same force
for the regulation of the members of the said Corps as if they had been
inserted in and had formed part of this Ordinance .
6. Every volunteer, being a Christian , upon being admitted shall Enrolment..
subscribe his name on the roll of the said Corps , and shall take before a
1654 ORDINANCES Nos. 18 AND 19 of 1882 .
Volunteers.
Merchant Shipping Consolidation .
Justice of the Peace or the commanding officer, an oath according to the
form following :
I, 4.B., do promise and swear that I will be faithful and bear
true allegiance to Her Majesty Queen VICTORIA, and that
I will faithfully serve in the " Volunteer Force during
the term of my enrolment : So help me God.
And every volunteer, not being a Christian, shall before a Justice of the
Peace or the commanding officer make a declaration according to the
form following :
I, A.B. , do solemnly, sincerely, and truly declare that I will be
faithful and bear true allegiance to Her Majesty Queen
VICTORIA, and that I will faithfully serve in the " Volunteer
Force " during my term of enrolment .
The commanding officer for the time being shall have power to
administer oaths and take declarations for the purpose of this Ordinance.
No. 19 of 1882.
An Ordinance entitled " The Merchant Shipping Consolidation
Ordinance Amendment Ordinance , ( No. 2 ) 1882."
[ 13th December , 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
Ordinance 8 1. Ordinance 8 of 1879, is hereby amended as follows, that is to
of 1879
mended. say,
Sub-section 7 of section 7 , by inserting after the words " master
or engineer " and before the words " as provided " the
words " holding either a certificate of qualification recog
nized by the Board of Trade, or a certificate of competency
from the Harbour Master of Hongkong."
ORDINANCES Nos . 20 AND 21 OF 1882 . 1655
Vacation of Offices. Hongkong and Shanghai Bank.
No. 20 of 1882.
An Ordinance to provide for the vacation of offices, and the
determination of pensions and allowances held by persons
convicted of crime.
[ 13th December, 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
1. If any person convicted within the jurisdiction of any of Her Persons
convicted of
crime to
Majesty's Courts , after the passing of this Ordinance , of treason or felony
forfeit office,
for which he shall be sentenced to death , or penal servitude , or any term pension, and
allowances.
of imprisonment with hard labour, or exceeding twelve months , shall at
the time of such conviction hold in this Colony any civil office under the
Crown or other public employment or place, or be entitled to any pension
or superannuation allowance payable by the public , or out of any public
fund, such office, employment , or place shall forthwith become vacant, and
such pension or superannuation allowance shall forthwith determine and
cease to be payable, unless such person shall receive a free pardon from
Her Majesty , within six months after such conviction , or before the filling
up of such office, employment, or place , if given at a later period ; and such
person shall become and ( until he shall have suffered the punishment to
which he has been sentenced or such other punishment as by competent
authority may be substituted for the same , or receive a free pardon from
Her Majesty ) shall continue thenceforth incapable of holding in this
Colony any civil office under the Crown or other public employment or
place.
No. 21 of 1882.
An Ordinance entitled The Hongkong and Shanghai Bank
Ordinance Amendment Ordinance , 1882.
[ 13th December, 1882. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
1. Ordinance 5 of 1866 is hereby amended in manner following, viz. , Ordinance 5
of 1866
by substituting for section 12 the following section : amended .
1656 ORDINANCE No. 21 OF 1882 .
Hongkong and Shanghai Bank.
12. It shall be lawful for the company to make issue and circu
late bills and notes of the company payable to bearer on
demand at the place of issue and in coin lawfully current at
such place, and to re- issue the same from the place at which
the same were originally issued.
Without prejudice to the conditional privilege now
possessed by the company of issuing and reissuing from the
head office a limited number of notes of smaller amount
subject to their unconditional withdrawal from circulation
should the Government of the Colony decide to issue small
notes of lower denomination than $ 5 , no such bills or notes
shall hereafter be issued for any other sum than the sum of
five dollars or some multiple of such sum, or other equi
valent amount. All such bills or notes issued in any Colony
or other place from any establishment of the company not
being the principal establishment of the company in such
Colony or place shall be made payable not only at the
establishment from which the same were issued but also at
the principal establishment of the company in such Colony
or place.
Nothing herein contained shall exempt the company
from the operation of any existing or future laws restrict
ing or regulating the issue of notes in the Colony or in any
place outside the Colony where they have or may hereafter
with such consent as aforesaid establish banks or branch
banks .
The shareholders of the company shall be subject to
unlimited liability in respect of all or any such issues or
issue of bills or notes, and in case the general assets of the
company are, in the event of the company being wound up,
insufficient to satisfy the claims of both the note -holders
and the general creditors, then the shareholders of the com
pany after satisfying the remaining demands of the note
holders shall be liable to contribute towards payment of
the debts of the general creditors a sum equal to the amount
received by the note - holders out of the general assets of
the company.
ORDINANCES Nos . 21 AND 22 OF 1882 . 1657
Hongkong and Shanghai Bank. Supreme Court .
For the purposes of this section the expression " the
general assets of the company " means the funds available
for payment of the general creditors as well as the note
holders ;
and by substituting for section 13 the following section :
13. The total amount of the bills and notes of the company
payable to bearer on demand actually in circulation shall
not at any time exceed the amount of the capital of the
company actually paid up , and there shall be kept by each
establishment ofthe company an amount of coin and bullion
equal to one- third at least of such of the said bills and notes.
as were issued from such establishment and are for the
time being in circulation.
No. 22 of 1882.
[See Ord. No.
An Ordinance to amend the Supreme Court Ordinance, 1873 .
17 of 1884. }
[ 19th December, 1882. ]
HEREAS it is expedient to amend the Supreme Court Ordinance , Preamble.
W
1873 , and to make further provision for the execution of the
process of the Supreme Court ; Be it enacted by the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
1. Section 15 of the Supreme Court Ordinance, 1873 , is hereby Sec. 15 of
Ordinance 12
amended by substituting the words " 2 Deputy Registrars " in place of of 1873
amended .
the words " a Deputy Registrar " and the words " 2 clerks of the Court "
"instead of the words " a clerk of the Court."
2. The Governor may from time to time appoint one or more bailiffs Appointment
of bailiffs and
of the Supreme Court, and may also from time to time approve of the deputy
bailiffs.
appointment by any such bailiff of a deputy bailiff. Each bailiff may,
however, act as the deputy of another and execute any process of the Court,
although it may have been directed personally to some other bailiff.
3. The Registrar shall direct the process ofthe Court to be executed Registrar may
direct execu
by such of the bailiffs of the Court as he may from time to time think fit. tion of pro
cess.
1658 ORDINANCE No. 22 of 1882 .
Supreme Court.
Process
against an 4. In case process may be awarded by the Court against any officer
officer of the of the Court, such process may be issued directed or executed by any
Court.
other officer of the Court as the Court or a Judge may direct.
Bailiff to 5. Each bailiff shall serve and execute all process of the Supreme
execute
process. Court under the directions of the Registrar, and make a return of the
same together with the manner of the execution thereof to the Court, and
shall arrest and convey to prison all such persons as shall be committed
to his custody by order of the Court.
Bailiff pro
tected from 6. No suit shall be brought against a bailiff for anything done or
acts done by omitted to be done by him whilst acting under the directions in
order.
writing of the Registrar or of a Deputy Registrar of the Court or in
pursuance of any order made or given by the Court or a Judge as
hereinafter mentioned. Provided always that such bailiff do not wilfully
misrepresent, or suppress any material fact in obtaining any such
directions from the Registrar or Deputy Registrars .
Registrar and 7. No suit shall be brought against the Registrar or any Deputy
Regis
trar protected Registrar for any act done or omitted to be done by any of the bailiff's
from acts done
by order. or deputy bailiffs without directions from such Registrar or Deputy
Registrar, nor shall any suit be brought against any Registrar or Deputy
Registrar for any directions given to a bailiff with regard to the execution
or non-execution of process if such directions shall be in accordance
with an order obtained from the Court or a Judge as hereinafter mentioned .
Provided always that no material fact be wilfully misrepresented or sup
pressed by such Registrar or Deputy Registrar in obtaining such order.
Registrar and 8. The Registrar or Deputy Registrar may in case of doubt or
Deputy Regis
trar may difficulty apply summarily to the Court or a Judge for an order for the
apply for
order. direction and guidance of the bailiff, and the Court or Judge may make
such order in the matter as may seem just and reasonable.
Officers ille 9. No officer of the Supreme Court shall directly or indirectly ask
gally demand
ing fees. or receive any fee or gratuity, not authorized by law, in respect of any of
the duties of his office .
Offences by 10. If any officer of the Supreme Court acting under colour of the
officers of the
Court. process of the Court is charged with misconduct or with any wrongful
act or neglect in the discharge of the duties of his office, the Court or
Judge may enquire into the matter in a summary way on such evidence
as may appear reasonable, and for that purpose may summon and enforce
ORDINANCE No. 22 of 1882 . 1659
Supreme Court.
the attendance of all necessary parties and witnesses in like manner as
the attendance of witnesses in other cases may be enforced , and may
make such order for the payment of all damages and costs that may have
been caused by any such act or neglect as it or he thinks just, and impose
such fine upon the officer as it or he may deem adequate ; and in default
of payment of any money so ordered to be paid , payment of the same
may be enforced as a judgment recovered in the Court. Provided always
that this provision shall not take away any right of action for damages
against any officer, but no action shall be commenced or continued for
any act or omission of such officer after the Court or a Judge has ordered
compensation to be paid in respect of it under this section .
Costs in cases
11. Whenever any suit shall be brought against any officer of the
against
Court for any act done or omitted to be done in the execution of his officers of the
Court.
duties, and a verdict or judgment shall be given for the plaintiff in such
suit, the plaintiff shall not have costs against the defendant unless the
Judge certifies his approval of the suit and verdict or when the trial is
had without a jury of the suit only. If a verdict or judgment is given
for the defendant or the plaintiff becomes non- suited or discontinues the
suit after issue joined , or if on demurrer or otherwise judgment is given
against the plaintiff, 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 .
12. No such suit shall be brought except within three months after Limitation of
time, and
the act of omission or commission complained of. Notice in writing of mode of
procedure.
every such suit and of the cause thereof shall be given to the intended
defendant one month at least before the commencement of the suit.
The plaintiff shall not recover if tender of sufficient amends is made
before a suit is commenced or if after a suit is commenced a sufficient
sum of money is paid into Court by or on behalf of the defendant and the
defendant undertakes to pay costs when taxed .
13. All fees receivable in the Supreme Court shall be payable in Fees to be
paid in stamps,
stamps subject to the provisions of the Stamp Ordinance . The fees here and scale of
fees under the
tofore payable under the Sheriff's Ordinance, 1873 , shall continue to be Sheriff's Ordi
nance, 1873.
payable in respect of process issued by the Court until a new scale of fees to be continu
ed .
for the Supreme Court generally shall be prepared and adopted .
14. Ordinance No. 8 of 1858 sec . 22 is hereby amended by striking Ordinance $
of 1858
out the words " or Sheriff." amended.
1660 ORDINANCE No. 22 OF 1882 .
Supreme Court.
Ordinance.
13 of 1873 Ordinance No. 13 of 1873 is hereby amended by striking out the
amended. word " Sheriff" and substituting the word " Registrar " in section 53 sub
section 6 , and by striking out the word " Sheriff " and substituting the
word " Bailiff" in the following sections :
Section 8 Sub- section 11
Do. 16 Do. 2
Do. 17 Do. 3
Do. 19 Do. 1
Do. 20
Do. 70 Do. 1
Do. 76 Do. 2 & 7
Do. 78 Do. 7
Do. 82 Do. 6, 7 & 14.
Section 8, sub- section 11 is also hereby amended by inserting before
the words " by order of the Court " the words " by direction of the Re
gistrar or. "
Ordinance Section 7 of Ordinance No. 4 of 1863 is hereby amended by striking
4 of 1863
amended . out the words "and such portion of any gaol as shall be set apart for the
confinement of debtors shall be further subject to the supervision and
authority of the sheriff."
Repeal. Ordinance No. 1 of 1873 is hereby repealed .
Protecting 15. This Ordinance shall not affect anything done or suffered , nor
clause.
any right power duty obligation or liability acquired imposed accrued
or incurred under any enactment hereby repealed , nor any legal proceed
ings in respect of any such power duty obligation or liability , and any
s
legal proceeding may be carried on as if this Ordinance had not been
passed nor revive any enactment repealed by any such enactment .
ORDINANCE No. 23 of 1882 . 1661
Criminal Procedure.
No. 23 of 1882.
An Ordinance entitled " The Criminal Procedure Ordinance,
1882."
[ 19th December, 1882. ]
Preamble.
WHEREAS it is expedient to amend " The Criminal Procedure Ordi
nance , 1865 , " by making certain alterations therein : Be it enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :
Sections 9, 10,
1. [ Section 9 of the said Ordinance is hereby amended by adding the 11, 12, 17, 19
words " seven days at least before the criminal sessions at which the case is & 32 of Ordi
nance 3 of
1865
intended to be tried." Repealed by Ordinance No. 8 of 1884. amended .
Section 10 of the said Ordinance is hereby amended by striking out
the words " to the sheriff."
Section 11 of the said Ordinance is hereby amended by striking out
the words "the Crown Solicitor " and inserting instead the words “ the
Registrar or a Deputy Registrar " and by striking out the words " to the
sheriff " and inserting in lieu thereof [ " six days at least before the day
specified in the said notice of trial to one of the bailiffs of the Court." Re
pealed by Ordinance No. 8 of 1884. ]
Section 12 is hereby amended by striking out the words " the sheriff”
and substituting therefor the words " such bailiff."
Section 17 of the said Ordinance is hereby amended by striking out
the words " and the same shall be delivered to the Sheriff at his office,
for execution thereof, together with so many copies of the subpoena as
there are persons to be served therewith " and by inserting instead thereof
" The party obtaining the subpoena shall make out and give to the Reg
istrar as many copies as there are persons to be served therewith and the
Registrar or a Deputy Registrar shall deliver the original together with
the copies to one of the bailiffs of the Court for service. "
Section 19 of the said Ordinance is hereby amended by striking out
the words " pay to the sheriff his " and by inserting instead thereof the
words "pay into the registry the " and by inserting instead of the words
" the said sheriff " in the latter portion of the section the words " the
bailiff."
Section 32 of the said Ordinance is he by amended by striking out
the words " upon the sheriff or other person . "
*
1662 ORDINANCE No. 24 OF 1882 .
Jurors and Juries.
No. 24 of 1882 .
An Ordinance entitled The Jurors and Juries Ordinance, 1882 .
[ 19th December, 1882. ]
Preamble . HEREAS on account of the abolition of the office of sheriff it is necessary to
W amend the laws relating to jurors and juries.
Be it enacted by His Excellency the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows :
Section 2 of 1. Section 2 of the Jury Law Consolidation Ordinance , 1864, is hereby amended
Ordinance 11 of
1864 amended . by striking out the words " the sheriff " and inserting in lieu thereof the word " any."
Section 5 of 2. Section 5 of the said Ordinance is hereby repealed and in lieu thereof, it is
Ordinance 11 of
1864 repealed. enacted as follows :-
" Every person shall, for the purpose of enabling the Registrar to complete
" the list of jurors hereinafter referred to, on demand by the Registrar or
"some person duly authorized by him, forward to the said Registrar in
"writing within the time specified in the said demand, his Christian or
" other names and surnames at full length together with his profession,
" business or occupation and place of abode, under penalty for refusing
66
or neglecting so to do of sum not exceeding one hundred dollars."
Section 6 of 3. Section 6 of the said Ordinance is hereby amended by striking out the word
Ord 11 of 66
1864 amended. Sheriff " and inserting in lieu thereof the word " Registrar."
Sec. 8 of Ord. 11 4. Section 8 is hereby repealed and in lieu thereof it is enacted as follows :
of 1864 repealed.
" The Registrar shall on or before the first day of February in each year make
" a list in alphabetical order of all men ascertained by him to be liable to
66
serve as jurors , setting forth the Christian or other names and surnames
" of each at full length, together with his profession, business, or occupa
"tion and place of abode, and shall cause a copy of such list to be posted
" for the term of one fortnight on or in some conspicuous part of the
"Court House, to the end that the inhabitants of the Colony may , as the
" case shall be, apply by notice in writing to the Registrar requiring that
" their names or the names of some other person may be respectively
" either added to or struck off from the said list, upon cause duly assigned
"in such notice ; and the Registrar immediately after the expiration of
"the time for posting such list , shall forward the same and such notices
"may be so served on him, to the clerk of the Legislative Council, to the
" end that the Council (which is hereby empowered so to do) , may strike
" off or add such name or names or any other name or names from among
"those of the said inhabitants as to the said Council may appear fit, and
"the said list when so approved of, or altered , shall be returned to the
" Registrar by the clerk of Council and called the ' Jurors List ' and shall
"be brought into use on the first day of March next following and shall
" continue in force for one year from the said first day of March ."
ORDINANCES No. 24 OF 1852 AND No. 1 OF 1883. 1663
Jurors and Juries. Distraints for Rent.
5. Section 9 is hereby amended by inserting after the words " section five " the Sec. 9 of Ord. 11
of 1864 amended.
words " as hereby amended " and by striking out the words " by the sheriff or."
6. Sections 10 and 11 are hereby repealed . Secs. 10 and 11
of Ord. 11 of
1864 repealed .
7. Section 12 is hereby amended by striking out the words "the sheriff shall Sec. 12 of Ord.
11 of 1864
amended.
attend at the Registrar's office and in the presence of him or his deputy " and inserting
in lieu thereof the words " a Deputy Registrar shall in the presence of the Registrar. "
8. Section 13 is hereby amended by striking out the word " sheriff " and insert Sec. 13 of Ord.
11 of 1864
amended.
ing in lieu thereof the words " the Registrar."
9. Section 14 is hereby repealed and in lieu thereof, it is enacted as follows : Sec. 14 of Ord. 11
of 1864 repealed.
"The Registrar shall cause a panel, containing the names, places of abode
“ and additions of the persons so summoned , to be made out as soon as
66
conveniently may be after the summonses have been served."
10. Schedule B to the said Ordinance is hereby amended by striking out the word Schedule B to
Ord. 11 of 1864
" sheriff" and inserting in lieu thereof the word " Registrar." amended.
[ Repealed by Ordinance No. 18 of 1887. ]
No. 1 of 1883 .
An Ordinance to consolidate and amend the law relating to Preamble.
Distraints for Rent.
[ 2nd February, 1883. ]
HEREAS it is expedient to consolidate and amend the law relating
WHE
to distraints for rent : Be it enacted by the Governor of Hong
kong, with the advice of the Legislative Council thereof, as follows : —
PART I.
1. The Supreme Court shall have jurisdiction to issue warrants of Issuing of
warrants.
distress for arrears of rent in all cases, without respect to the value of
the property on which the rent is to be levied , and without respect to
the amount of rent to be levied.
2. No distress shall be levied for arrears of rent except under the Penalty on
unauthorized
provisions of this Ordinance ; and any person, except the bailiffs and persons.
officers acting under this Ordinance, levying or attempting to levy any
such distress shall, on conviction before a Magistrate, be liable to a fine
1664 ORDINANCE No. 1 OF 1883 .
Distraints for Rent.
not exceeding one hundred dollars , or to imprisonment for a term not
exceeding three months in addition to any other liability he may have
incurred by his proceedings .
Bailiffs of the 3. The bailiffs of the Court shall be employed under the provisions
Court to levy
distress ; fees of this Ordinance.
to go to the
Crown. The salaries, allowances and expenses for the bailiffs , and other
officers employed under this Ordinance, shall be paid out of the general
revenue of the Colony ; and all fees collected under this Ordinance for
services by such bailiffs and officers, shall be paid into the general
revenue of the Colony.
Fees. 4. No fees shall be taken or demanded for such distresses , except
those allowed by this Ordinance , as set out in schedule A.
Limitation 5. No warrants shall be issued in any case for arrears of rent due
of time.
for more than twelve months at the time of the application .
PART II.
Ofthe making of distraints.
Application 6. Any person claiming to be entitled to arrears of rent, or his duly
for warrant.
constituted attorney or agent may apply, for such warrant as is herein
after mentioned .
Powers of 7. Powers of attorney to agents authorized to apply for warrants of
attorneys and
agents. distress, may be either general or for the particular case ; and shall be
exempt from stamp duty, if confined solely to the purpose of giving
authority to distrain for rent under this Ordinance. Such powers may
be in the form in schedule E or to the like effect .
Affidavit. 8. Every application for a warrant shall be supported by an affidavit
or declaration which may be according to the form contained in schedule
B or to the like effect ; such affidavits or declarations may be sworn or
declared to in like manner as other affidavits or declarations in the
Supreme Court.
Judge , Regis 9. Warrants according to the form in schedule C or to the like
trar, or
Deputy Regis effect may be issued by a Judge of the Supreme Court or in the absence
trar, may
issue warrant. of any Judge from the Court House by the Registrar or a Deputy Regis
trar returnable within six days addressed to any one of the bailiffs of
the Court.
ORDINANCE No. 1 OF 1883. 1665
Distraints for Rent.
10. The Judge, Registrar, or Deputy Registrar to whom application Refusal of
warrant.
is made, may upon examination of the persons applying for such warrants ,
decline to issue the same.
11. If a Judge declines to issue such warrant, application may be Appeal.
made to the Full Court as provided in cases under section 18of the
Supreme Court Ordinance, 1873. If the Registrar or Deputy Registrar
declines to do so , application may be made to a Judge in the first
instance . The Deputy Registrar may, however, always refer the matter
to the Registrar upon any application to such Deputy Registrar.
12. Every distress under this Ordinance shall be made after sunrise Time for
distress.
and before sunset , and not at any other time except by special leave of
the Court or a Judge .
13. In pursuance of the warrant aforesaid, the bailiff shall seize the Property that
may be seized.
moveable property found in or upon the house or premises mentioned in
the warrant, and in the apparent possession of the person from whom
the rent is claimed (hereinafter called the debtor) , or such part thereof
as may, in the bailiff's judgment, be sufficient to cover the amount of the
said rent, together with the costs of the said distress .
14. The bailiff shall not seize : Property that
cannot be
seized.
(a . ) Things in actual use, in the hands of a person at the time
of seizure ;
(b. ) Tools and implements not in use, where there is other
moveable property in or upon the house or premises
sufficient to cover such amount and costs ;
(c ) Goods of temporary guests at an inn ;
(d. ) Goods of lodgers at a furnished lodging house ;
(e . ) The debtor's necessary wearing apparel ;
(f.) Goods in the custody of the law ;
(g. ) Goods delivered to a person exercising a public trade , to
be carried, wrought , worked up, or managed in the way
of his trade or employ.
15. On seizing any property under section 13, the bailiff shall Inventory.
make an inventory and appraisement of such property and shall give a
copy of such inventory and appraisement* notice in writing according to [*and}
the form in schedule D, or to the like effect, to the debtor or to any other
person upon his behalf, in or upon the said house or premises.
1666 ORDINANCE No. 1 OF 1883 .
Distraints for Rent.
Filing of 16. The bailiff shall , as soon as may be, file in the Court copies of
inventory, &c.
the said inventory, appraisement and notice.
Entry. 17. The bailiffs and officers appointed to execute distress warrants
may break open inner doors ; and if denied admittance to any building
as to which they have a warrant to distrain, after declaring their names
and business ; or if, after waiting a reasonable time, no person answers ,
or is in the building, they may apply to the Court for authority to break
open outer doors and windows so far as may be necessary to enable them
to execute the warrant.
Forcible 18. The Court on being satisfied, on the affidavit of one of the
entry.
officers having the warrant for execution , that there are no reasonable
means of executing the warrant without breaking such outer doors or
windows, may grant an order in writing, addressed to a bailiff of the
Court, authorizing him to break open , or have broken open , such doors
and windows. Before executing such order, however, the bailiff shall
inform any persons or person in or about the building, that he has such
order and that he is about to act on it unless the doors or windows are
opened .
Impounding 19. The bailiffs may impound or otherwise secure the property
of property
scized. seized, in or on the house or premises , chargeable with the rent, or may
remove the same.
PART III.
Of application to discharge distresses and of compensation .
Suspension 20. The debtor, or any other person alleging himself to be the
or release of
distress. owner of any property scized under this Ordinance, may, at any time
within five days from such seizure, on twenty - four hours ' notice to the
party who obtained the warrant and to the bailiff, setting out the facts
on which the claim is founded , verified on affidavit, apply to the Court,
to discharge or suspend the warrant or to release a distrained article ;
and the Court may discharge or suspend such warrant or release such
article accordingly, upon such terms as it thinks just.
Costs. 21. Upon any such application , the costs attending it and attending
the issue and execution of the warrant, shall be in the discretion of the
Court, and shall be paid as the Court directs.
ORDINANCE No. 1 of 1883. 1667
Distraints for Rent.
22. If any claim be made to, or in respect of, any property seized Wrongful
distress.
under a distress warrant, or in respect of the proceeds or value thereof,
by any person not being the debtor, the Registrar, upon the application
of the bailiff who seized the property, may issue a summons calling before
the Court the claimant and the person who obtained the warrant, and
thereupon any suit which may have been brought in respect of such
claim shall be stayed , and the Court, on the proof of the service of such
summons, and that the property was so distrained , may order the
plaintiff to pay the costs of all proceedings in such suit after the service
of such summons .
23. Every such claim shall be verified by affidavit or declaration Adjudication
in cases of
setting out the facts on which it is founded. When so verified the Court wrongful
distress.
shall adjudicate thereupon, and make such order between the parties in
respect thereof, and of the costs of the proceedings, as it thinks fit ; and
such order shall be enforced as if it were an order made in a suit brought
in such Court.
24. In any case under section 20 or section 22 , the Court may, if Compensa
tion for
a claim shall have been made therefor at the time of application , and if it wrongful
distress.
appears to the Court that the landlord or bailiff had no reasonable ground
for believing that the goods were properly distrainable, award such
compensation by way of damages to the applicant or claimant ( as the
case may be ) as the Court thinks fit, and may for that purpose make any
enquiry it thinks necessary ; and the order of the Court , awarding or
refusing such compensation , shall bar any suit in respect of injury caused
by the distress .
25. The Court may in its discretion , at any time upon the applica Time allowed
for payment.
tion of the debtor and upon reasonable notice being given of the applica
tion to the party who obtained the warrant give time to the debtor to
pay the rent due from him upon such terms as it may think just and
reasonable.
PART IV .
Sale of distresses.
26. In default of any order to the contrary, the distrained property Mode of sale
of distresses.
shall be sold on the day mentioned in the notice of appraisement and sale
hereinbefore referred to , and such sale shall be conducted at such a place
and time and by such person as the Registrar may direct, whether by an
1668 ORDINANCE No. 1 CF 1883 .
Distraints for Rent.
auctioneer or a bailiff of the Court and such auctioneer or such bailiff
shall on realizing the proceeds, pay over the amount thereof to the Court ,
and such amount shall be applied , first in payment of the costs of the
said distress, and then in satisfaction of the debt ; and the surplus , if any ,
shall be returned to the debtor .
Debtor may
select manner 27. Provided that the debtor may require that the sale shall take
of sale. place in any other manner, than that directed by the Registrar , upon
giving security for any extra costs or loss thereby, or that in the
Registrar's opinion may be thereby occasioned .
PART V.
Deserted premises where no distress left.
Deserted 28. Where any immoveable property is held at a rack rent, or
premises.
where the rent reserved shall be full three- fourths of the yearly value of
the demised premises , and where neither the value of the premises by the
year, nor the rent payable in respect of the tenancy by the year, shall
exceed three hundred dollars , if the tenant shall be in arrears for two
months , and shall desert the demised premises and leave the same uncul
tivated or unoccupied so as no sufficient distress can be had to countervail
the arrears of rent , it shall be lawful for the Court, at the request of the
lessor or landlord or his agent and on information on oath, to issue its
warrant authorizing any bailiff to enter on the premises, breaking any
doors, windows, or gates if necessary ; and if the premises are found to
be deserted with no sufficient distress therein , to place the same in charge
of a bailiff and to affix a notice thereon, in a conspicuous place , that
unless cause to the contrary be shown before the Court within ten days,
the premises will be given over to the applicant ; and if no such cause
be shown, it shall be lawful for the Court, on proof of the fact of desertion ,
of non-payment of at least two months rent last due, of want of sufficient
distress, and that the applicant is the lessor or landlord of the premises
or entitled under this Ordinance to a distress warrant, to make an order
directing a bailiff to put the applicant in possession of the premises and
the demise shall become void.
PART VI .
Rules as to distresses.
Arrears of 29. Ar ears of rent may be distrained for after the end or deter
rent.
milation of any term or lease at will, in the same manner as if such term
ORDINANCE No. 1 OF 1883 . 1669
Distraints for Rent.
or lease had not been en led or determined ; provided that such distress
be made during the continuance of the possession of the tenant from whom
such arrears became due.
30. No personal property shall be removed from any premises Writs in
Crown suits
under any writ from any Court other than writs in Crown suits , till the and distress
to have
claim for rent due to the landlord or lessor or person entitled to receive precedence.
the rent, is satisfied ; provided that such claim shall not in any case
exceed the amount due for six months ' rent last due.
31. If personal property , otherwise liable to distress for rent, shall , Property
seized under
writ or
at the time of the issue of any distress warrant, or thereafter before
warrant of
seizure by the bailiff under such warrant be seized under any writ or Supreme
Court.
warrant of the Supreme Court, the said bailiff shall not seize such personal
property, but shall return the warrant into Court and deliver copies.
thereof to the execution creditor or his agent and to the debtor either
personally or by leaving the same at the place where the goods were
seized , and such execution creditor or debtor or either of them may apply
to the Court to discharge or suspend the warrant within the time and
in the manner mentioned in section 20 , and should no such application
be made within the said time, the Registrar shall , out of the first money
to be received by him from the officer executing such writ or warrant ,
pay over to the person obtaining such distress warrant the amount
thereof, provided that if the amount mentioned in the warrant of distress
shall exceed the amount due for six months rent, the Registrar shall pay
the amount of rent due for six months and the costs and no more .
32. If any execution shall be paid off after issue of a warrant of If execution
satisfied,
distress
distress , the bailiff shall immediately execute the warrant of distress.
warrant may
be executed.
33. The following persons may , personally or by their attorneys Persons
allowed to
or agents, apply for warrants to distrain for arrears of rent due to the apply for
distraint.
-
estates represented by them , that is to say :
Executors or administrators of any lessor or landlord or person
entitled to receive rents ;
Guardians for infants , committees of lunatics for the lunatics ;
Receivers appointed by Courts for the estate over or for which
they are appointed ;
1670 ORDINANCE No. 1 OF 1883.
Distraints for Rent.
Assignees and trustees in bankruptcy for the estate of the
bankrupt ;
Mortgagees, for the property mortgaged, if the mortgagee is in
possession ;
Trustees, for the estate over which the trust extends ;
Lessees , against their under-lessees ;
The Registrar for premises seized under executions , if rented
to tenants by the person against whom the execution is
issued, or otherwise rented so that the rent is payable to
such person ;
Married women , with or without the concurrence of their hus
hands , for arrears of rent due on property held by them
to their sole and separate use.
Where several 34. Where a right to distrain accrues to parties jointly interested ,
parties inter
ested one of or together interested , in any premises such as coparceners , joint tenants ,
them may
institute tenants in common , executors , administrators , trustees, guardians ,
proceedings.
partners or otherwise, proceedings under this Ordinance may be taken by
any one of such parties , in his own name and the name or names of those
jointly or together interested with him , and the levying of rent so dis
trained for shall be a complete discharge to the tenant, for the rent, or
for so much thereof as may be so levied ; and the parties so levying shall
be liable to account to the parties having the interest jointly or together
with them for all sums so levied.
Production of 35. Provided that if it should , in any particular case, appear to the
authority.
Court or to the Registrar or Deputy Registrar, to be advisable so to do ,
the Court or Registrar or Deputy Registrar may require the party so
applying to produce a written authority to distrain , signed by one or
more of the persons jointly or together interested with him.
Removal of 36. No property found at the time of distraint in or on any premises ,
property
under as to which an arrear of rent is due , shall be removed from such premises
distraint.
without the consent of the person issuing the distress warrant, or by
direction of the Registrar, till satisfaction is made, for the rent due if the
arrear has accrued during the current tenancy, and if at any time such
property would have been liable to distraint for rent under this Ordi
ORDINANCE No. 1 OF 1883 . 1671
Distraints for Rent.
nance ; and the landlord or lessor shall be entitled to require the bailiff
upon giving such bailiff a sufficient indemnity to the satisfaction of the
Registrar to follow the property if removed , and seize the same under the
distress warrant, whether or not such property was afterwards disposed
of by the owner by way of sale, exchange, mortgage, pledge or otherwise.
37. If the tenant or lessee, or person in possession or occupation, of Removal of
property
any premises on which there is an arrear of rent due, recoverable by liable to dis
traint.
distress , shall remove , carry away, or cause or permit to be removed or
carried away from the premises any moveable property liable to be seized
for such rent , so as to prevent or hinder the bailiff from distraining the
same , it shall be lawful for the Court, on application verified by affidavit ,
to authorize the bailiff, to whom the warrant of distress to distrain for the
rent on such premises is addressed and the officers acting with him, to
follow, and to take and seize such goods and chattels, as a distress for the
said arrears of rent, wherever the same may be found, at any time within
thirty days from the day of their removal , exclusive of the day of removal,
and to deal with the said moveable property so removed in the same way
as if it had been found on the premises, and if advisable so to do, to place
the same again in the premises.
38. Provided that it shall be lawful for the bailiff, without such Seizure of
property that
authority to follow and seize any such property found by him in the act is being re
moved.
of being removed from any such premises , and before the same is placed
in any other house or building.
39. If such property or any part thereof so removed or carried away Property sold
bonâ fide
under the circumstances mentioned in sections 36 and 37 of this Ordi may be
restored .
nance shall have been sold bonâ fide, and for a sufficient consideration ,
before or after removal from the premises distrained , to any person not
knowing and not having the means of knowing that the same was liable
to distraint for rent, or was removed or carried away, or was to be removed
or carried away, so as to prevent or hinder the landlord or lessee from
distraining the same, or so much thereof as shall have been so sold, shall
not be seized or if seized shall be restored by the bailiff distraining or by
the Court on application under section 20 of this Ordinance.
40. Any tenant or lessee, or person in possession or occupation who Fraudulent
removal.
shall fraudulently remove or carry away moveable property as aforesaid,
1672 ORDINANCE No. 1 OF 1883 .
Distraints for Rent.
and any person wilfully and knowingly aiding or assisting such tenant or
lessee or person in such fraudulent removal or carrying away, shall be
deemed to be guilty of a misdemeanour.
Police may 41. It shall be lawful for any Police officer to stop and detain, until
stop removal
of furniture . due enquiry can be made, all carts , hand carts, and carriages , and all
persons, engaged between the hours of 8 P.M, and 6 A.M. in removing the
furniture of any premises.
Protecting 42. Where any distress shall be made for any sum of money to be
clause.
levied by virtue of this Ordinance , the distress itself shall not be deemed
unlawful, nor the party making the same be deemed a trespasser, on
account of any defect or want of form in the proceeding relating thereto ,
nor shall the party distraining be deemed a trespasser from the beginning
on account of any irregularity which shall afterwards be committed by
the party so distraining, but the person aggrieved by such irregularity
may recover satisfaction for the special damages in an action as provided
by section 24.
PART VII .
General Provision .
Exemptions. 43. Nothing herein contained shall be held to apply to rents due to
the Crown .
Interpre 44. The word “ Court " or the words " Supreme Court " as used in
tation clause.
this Ordinance shall mean unless otherwise expressed The Supreme Court
in its Summary Jurisdiction.
Suspending 45. This Ordinance shall come into operation on a day to be here
clause.
after proclaimed by the Governor.
ORDINANCE No. 1 OF 1883. 1673
Distraints for Rent.
A.
Scale offees to be levied in distraints for rent.
Affidavits,
warrant to Order to
Sums sued for. Commission.
distrain, sell.
notices, & c.
$ c. $ C.
1 and under 5 dollars. 0.25 0.25
5 "" 10 99 1.00 0.50
.Twenty
cents
10 20 2.00 1.00
35 32
39
-five
20 30 99 3.00 1.50
30 99 40 99 4.00 2.00
40 50 5.00 2.50
33
99
50 99 75 66 6.00 3.75
75 99 100 99 7.50 5.00
100 39 250 29 10.00 $ 1 for every
250 99 500 "9 15.00 $20 or part
above 500 99 15.00 of $20.
The above scale is intended to include all expenses ; except in suits where the
tenant disputes the landlord's claim, and witnesses have to be subpoenaed, in which
case each subpoena must be paid for at 25 cents ; where watchmen are kept in charge
of property distrained, 25 cents per day must be paid per man ; where property is
removed and stored , the necessary expenses to be fixed by the Registrar must be paid.
B.
Form of affidavit for distress.
In the Supreme Court.
A.B. (plaintiff)
versus
C.D. (defendant)
A.B. inhabitant of maketh oath and saith
that C.D.
is justly indebted to in the sum of dollars for arrears of rent
of the house and premises No. situated at in the
due for months, to wit from to at the rate
of dollars per mensem .
Sworn before me the day of 188
1674 ORDINANCE No. 1 OF 1883.
Distraints for Rent.
C.
Form of warrant.
In the Supreme Court.
I hereby direct you to distrain the goods and chattels on the premises of A.B.
situate in in the for the sum of
dollars, being the amount of months' rent due to C.D. for the same
on the day of last, according to the provisions of the Distraint for
Rent Ordinance, 1883.
Before proceeding to distraint under this warrant, you shall demand payment of
the amount endorsed hereon .
Dated day of 18 .
(Signed and sealed) ,
by the Registrar or Deputy Registrar of the Supreme Court.
To
E.F.
Sworn bailiff and appraiser.
D.
Form of inventory and notice.
In the Supreme Court .
(Summary Jurisdiction. )
Take notice that I have this day seized the goods and chattels contained in the
above inventory and appraisement, for the sum of dollars, being the
amount of months' rent due to C.D. on last and that unless
you pay that amount together with the costs of this distress, within five days from the
date hereof, or obtain an order from the Court to the contrary, the same will be sold
on the day of 18 , pursuant to the provisions of the
Dist ra in t for Rent Ordinance , 1883 .
(Signed) E.F.
Sworn bailiff and appraiser.
To A.B.
E.
Form of Power of Attorney to distrain.
I (or we) , A.B. do hereby authorize C.D. to be my (our) agent to act for me (us)
in distraining, under the Distraint for Rent Ordinance, 1883 , for (all) the arrears of rent
now due to me (us) (or to be hereafter due) on property situated in (here describe
property) , as to which I am (we are) entitled to distrain as (Owner, Lessee, Trustee,
Guardian, &c.) alone (or together with E.F.) &c.
Dated
(Signed) A.B.
[In force from the 1st March, 1883, under proclamation 27th February, 1883. ]
ORDINANCES Nos. 2 , 3 AND 4 OF 1883 . 1675
Mahomedan Cemetery. Companies. Excise (Opium).
No. 2 of 1883 .
An Ordinance entitled the Mahomedan Cemetery Ordinance Amendment
Ordinance, 1883 .
HEREAS it is expedient that all right of access to the old Mahomedan ceme Preamble.
WHtery as reserved by section 4 of Ordinance 8 of 1867, should be extinguished,
and that the said cemetery should be re-vested in Her Majesty, free from all restriction
as to the use of the same : Be it enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :
1. Section 4 of Ordinance 8 of 1867 is hereby repealed, and the old Mahomedan Repes!.
cemetery in the said section referred to, is hereby absolutely vested in Her Majesty,
free from all restrictions whatever as to the use of the same.
[ Disallowed in C.O.D. No. 71 , April 26th, 1883, not gazetted. Repealed by
Ordinance No. 4 of 1887.]
No. 3 of 1883.
An Ordinance entitled the Companies Ordinance Amendment
Ordinance , 1883.
[ 27th February, 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE ―
Legislative Council thereof as follows :
1. Section 20 of Ordinance 1 of 1877 is hereby amended by striking Repeal.
out the words " 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."
No. 4 of 1883 .
An Ordinance entitled the Excise Ordinances ( Opium ) 1858-1879 ,
Amendment Ordinance , 1883 .
[ 7th March , 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
B' Council thereof, as follows :
1. Ordinance 2 of 1858 is hereby amended as follows :
Sec. 7, by adding the words " or in case of there not being any holder Section 7 of
Ordinance 2 of
" of the exclusive privilege a notice in the following form " : 1858 further
amended.
1676 ORDINANCE No. 4 or 1883.
Excise (Opium).
"Notice is hereby given that the Governor in Council has granted the exclusive
" privilege of boiling, preparing, and selling prepared opium within the
" Colony to from the
"and that the 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
Licensee.
Ordinance 1 of 2. Ordinance 1 of 1879 is amended as follows :
1879 amended.
(1. ) In section 7 after the words " the time being " insert 66 or to the Colonial
" Treasurer for the use of the revenue in case of there being no holder
" of the exclusive privilege."
(2.) In section 11 after the words " approved of by him to act as excise
" officers " insert " and in case there is no holder of the exclusive privilege
" then the Governor may in a similar form appoint such persons as he
"may think fit."
(3.) In section 13 strike out the words " at the expense of the holder of the
"exclusive privilege for the time being. "
(4. ) In sections 15 and 16 add to each the words " or to the Colonial Treasurer
" for the use of the revenue in case of there being no holder of the
" exclusive privilege."
Ordinance 7 of 3. Ordinance 7 of 1879 is amended as follows :
-:
1879 amended.
(1.) In section 4 after the words " licensee under him " insert " or the Gov
ernor in Council."
(2.) In section 7 sub-section 1 after the words " over to the new holder of
"the said exclusive privilege " insert " or to the Colonial Treasurer if there
" is no new holder of the exclusive privilege " and in sub-section 3 after
the words " Governor so to do " insert " or in case there shall be no new
"holder of the exclusive privilege " and after the words " the other two
arbitrators " insert " or two arbitrators so appointed by the Governor and
"the person whose exclusive privilege has expired or is about to expire ."
(3.) In section 9 after the words " holder of the exclusive privilege " insert.
"C or to the licensee of the Governor in Council ."
(4. ) In section 10 after the words " paid to the holder of the exclusive pri
"vilege " insert “ or to the Colonial Treasurer for the use of the revenue
"in case there is no holder of the exclusive privilege " and add like words
to the end of the section.
ORDINANCES Nos . 4 AND 5 OF 1883 . 1677
Excise (Opium ). Vehicles and Public Traffic.
4. From and after the passing of this Ordinance no person shall be permitted to Unlicensed
smoking divans .
open smoking divans or keep open those already existing without a licence under a
penalty on summary conviction thereof before a Police Magistrate of five hundred
dollars or a term of imprisonment with or without hard labour not exceeding six months
--and all smoking divans shall be divided into classes. The 1st class shall consist of
those where boiled or prepared opium is smoked -and the 2nd class shall consist of
those where only dross opium or opium prepared from opium dross alone is smoked .
It shall be lawful for the Governor in Council to farm out the privilege of keep Opium dross
farmer or Colo
ing one or other or both classes of smoking divans on such terms and conditions as nial Secretary
inay grant licen
ces for smoking
may seem to the Governor in Council expedient, and the grantee or grantees shall be divans.
empowered to grant licences to separate keepers . In the event of there being no holder
of the grant the Colonial Secretary is hereby empowered to grant licences and to revoke
the same on such terms and conditions as he may think fit .
[ Repealed by Ordinance No. 1 of 1884. ]
No. 5 of 1883 .
An Ordinance entitled , The Vehicles and Public Traffic Ordinance , 1883 .
[ 24th March , 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :
:
1. In this Ordinance the term vehicle includes chairs, carriages, trucks, jinrickshas , Interpretation.
and carts of every kind.
2. No vehicle shall ply or be let for hire for the carriage of passengers, unless the No vehicle to ply
for hire until
owner thereof has obtained a licence for the same, and no person shall act as bearer, licence obtained
from Police.
drawer or driver of such vehicle until he has obtained a licence to do so. Licences shall
be granted by the Captain Superintendent of Police .
3. Licences granted under this Ordinance shall be for the carriage of passengers ; Licences for
passengers and
and no licensed owner, bearer, drawer, or driver, shall use his vehicle, for the carriage. baggage only.
of animals, merchandise, or goods other than personal baggage.
4. The Governor in Council may make and, when made, revoke, add to , or alter Governor in
Council may
rules regulating the granting and revocation of licences under this Ordinance, and the make rules for
the granting, &c.
of licences.
fees to be paid in respect of the same.
5. Any breach of this Ordinance or of any rules made under it shall be an offence Penalties.
punishable in a summary manner, and the offender shall be liable, on conviction before
a Police Magistrate, to a fine not exceeding twenty-five dollars, or to imprisonment,
with or without hard labour, not exceeding three months .
Subject to this Ordinance and to rules made under it, the Captain Superintendent
of Police may in his discretion revoke any licence granted by him.
1678 ORDINANCE No. 5 OF 1883 .
Vehicles and Public Traffic.
Repeal. 6. Ordinances 6 of 1863 and 6 of 1882 are hereby repealed, but such repeal shall
not affect any thing duly done before the passing of this Ordinance.
Vehicle to 7. Every vehicle, whether licensed or not, when meeting any other vehicle, shall
observe the rule
of the road. pass it by keeping to its own left side of the road, and when overtaking any other
vehicle going in the same direction shall pass it by keeping to its own right of such
vehicle.
Refusing to pay 8. No person who has hired any licensed vehicle, shall refuse to pay the fare for
fare, &c .
the same forthwith on the termination of the hiring ; nor shall any person wilfully
injure any licensed vehicle , or ill-treat or abuse the driver, bearer, or drawer of any
such vehicle.
Compensation in Any person offending against this section shall, in addition to the punishment to
addition to other
penalty. which he may be liable under this Ordinance , be liable to pay such compensation to
the owner, bearer, drawer, or driver, whom he ill -treats or abuses, or whose vehicle he
wilfully injures, as the Police Magistrate may award ; and payment of the same shall
be enforced in the same way as payment of a fine under this Ordinance .
Suspending 9. This Ordinance shall come into operation on a day to be proclaimed by the
clause.
Governor.
[In force from 2nd April, 1883, under proclamation 24th March, 1883,
Repealed by Ordinance No. 21 of1887.]
NOTE .- The following rules etc., were made under the Ordinance :
Rules under section 4 ofthe 29th March, 1883. ( See Gazette 31st ofthe
same month.)
Table of Fares for Public Vehicles 11th April, 1883. ( See Gazette 21st
ofthe same month. )
Rules under section 4, 31st October, 1883. ( See Gazette 3rd November
1883.)
Table of Fares 16th July, 1884. (See Gazette 9th August, 1884. )
Rules as to licences of the 14th August, 1885. (See Gazette 15th of the
same month.)
Rule as to licences 22nd October, 1886. (See Gazette 23rd of the same
month.)
Rules under section 4 of the 21st January, 1887. (See Gazette of the
22nd of same month.)
Order in Council as to fees of the 22nd April, 1887. ( See Gazette 30th
of the same month.)
Rules under section 4 of the 24th July, 1887. (See Gazette of the 25th
of the same month.)
ORDINANCE No. 6 of 1883 . 1679
Tramways.
No. 6 of 1883 .
An Ordinance for authorizing the construction of certain Tram
ways within the Colony of Hongkong .
[ 13th June , 1883. ]
HEREAS it is desirable to authorize the construction of certain Preamble.
W
tramways within the Colony of Hongkong : 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 Tramways Ordinance, 1883 .
2. The terms hereinafter mentioned shall have the meanings assign- Interpreta
tions.
ed to them , unless there be something either in the subject or context
repugnant to such construction , that is to say :
The expression the Government shall mean the Governor acting on Government.
behalf of Her Majesty, Her Successors , or assigns , or on behalf of the
Government of the said Colony .
The expression the promoters shall mean the promoters hereinafter The promot
ers.
named.
The expression common seal shall mean, if the assignees from the Common seal.
promoters under the power hereinafter contained be a corporation , the
common seal of such corporation , or, if they be not a corporation , it shall
mean the hands and seals of such assignees , or any two of them.
The word owner or owners shall mean any person or persons , or Owner.
corporation, who, under the provisions of this Ordinance, is enabled to
sell and assign lands to the company hereinafter defined .
The word lands shall extend to messuages, lands, tenements and Lands.
hereditaments of any tenure.
The word lease shall include a sub-lease, and an agreement for a lease , Lease.
or sub-lease.
The expression the Court shall mean the Supreme Court of the The Court.
Colony of Hongkong.
The expression Judge shall mean one of the Judges of the Court. Judge.
The expression road shall mean any roadway over which the Road.
tramways authorized by this Ordinance shall pass, and the roadway of
any bridge forming part of or leading to the same.
1680 ORDINANCE No. 6 OF 1883 .
Tramways.
Carriage.
The expressions carriage or carriages shall include all carriages, cars,
and trucks used upon any tramway.
The works.
The expression the works or the undertaking shall mean the works or
undertaking of whatever nature which shall by this Ordinance be
authorized to be executed .
Promoters.
Promoters. 3. The Honourable FRANCIS BULKELEY JOHNSON of Victoria in the
said Colony of Hongkong, FREDERICK DAVID SASSOON of the same place
Esquire, CHARLES VINCENT SMITH of the same place Esquire, and WILLIAM
KERFOOT HUGHES of the same place Esquire, or the survivors, or survivor ,
of them , shall be the promoters for the purposes of this Ordinance, and
are hereinafter referred to as the promoters .
Power to assign. 4. When and so soon as this Ordinance shall have come into operation as here
inafter provided (but not before) the promoters may, with the assent and approval of
the Governor in Council, assign and absolutely dispose of any one, or more, of the
tramways hereby authorised to be constructed , without receiving any valuable conside
ration therefor, or for any consideration that the promoters may think fit to accept, to
such person , or persons, corporation , or company, and with, under and subject to such
terms and conditions in all respects as the promoters shall think fit, and such person ,
or persons, corporation or company, may, with such assent and approval as aforesaid ,
reassign to, and revest in the promoters the tramway, or tramways, so as aforesaid
assigned and absolutely disposed of to him, or them, without receiving any valuable
consideration therefor, or for any consideration that he or they, may think fit to accept ,
and the promoters may, with such assent and approval as aforesaid , again , in manner
aforesaid assign and absolutely dispose of any one or more of the tramways so as
aforesaid reasssigned to , and revested in, them, and all and every the assignees , or
assignee, for the time being from the promoters, whether a corporate body or not, are
and is hereinafter included in the expression, and referred to as the company. [ Repealed
by Ordinance No. 18 of 1883, and new section substituted. ]
Construction of tramways.
Construction
5. The company may construct and maintain , subject to the provi
of tramways.
sions of this Ordinance, and in accordance with the plans which have
been deposited as hereinafter mentioned , the tramways hereinafter des
cribed , with all proper stations , crossings , passing- places, sidings , junc
tions , rails , turn -tables , plates, offices , weigh- bridges , sheds , works, and
conveniences connected therewith, or for the purposes thereof, and may
work and use the same.
ORDINANCE No. 6 of 1883 . 1681
Tramways.
The tramways authorized by this Ordinance are : --
Tramway No. 1.- A single line , one mile, two furlongs , 4.24
chains in length, commencing at the north-west corner of
Inland Lot Number four hundred and seventy- one , thence
passing along the Praya East, Wantsai Road , and Queen's
Road East , and terminating at a point opposite the entrance
to the Eastern Market at the junction with tramway No. 2.
Tramway No. 2.- A double line , one mile, four furlongs , 1.21
chains in length , commencing at a point opposite the
entrance to the Eastern Market at the junction with tram
way No. 1 at its termination , thence passing along Queen's
Road East, Queen's Road Central and Queen's Road West ,
and terminating at a point opposite Inland Lot Number
two hundred and nineteen at the junction with tramway
No. 3.
Tramway No. 3. - A single line, three furlongs , 2.77 chains in
length, commencing at a point opposite Inland Lot Num
ber two hundred and nineteen at the junction with tram
way No. 2 at its termination , thence passing along Queen's
Road West, and terminating at a point opposite Marine
Lot Number eighty- one, at the junction with tramway
No 4.
Tramway No. 4. - Whichever of the two following lines the
company shall desire to construct and maintain , that is to
say :
( a . ) A single line three furlongs , 7.82 chains in length, com
mencing at a point opposite Marine Lot Number eighty
one , at the junction with tramway No. 3 at its termination ,
thence passing along that part of Centre Street which lies
between Queen's Road West and Praya West , thence along
Praya West and terminating at a point in the roadway
there opposite the Northern end of an imaginary line
separating Marine Lot Number one hundred and eighty
nine from Marine Lot Number one hundred and ninety.
( b. ) A single line one furlong, one chain in length, commen
cing at a point opposite Marine Lot Number eighty- one,
1682 ORDINANCE No. 6 of 1883 .
Tramways.
at the junction with tramway No. 3 at its termination ,
thence passing along Queen's Road West to a point opposite
the Southern entrance of the premises known as the Sailors'
Home on Inland Lot Number one hundred and eighty
seven A.
Tramway No. 5.- A single line four miles, two furlongs in
length, commencing at the North - west corner of Inland
Lot Number four hundred and seventy -one, thence passing
along the Shau-ki Wán Road to a point on the North side
of, and opposite to the Eastern side of Shau-ki Wán Lot
Number seven .
[See Notifica Tramway No. 6. - A partly single and partly double line , com
tion No. 219
Gazette mencing on the South side of the South-west boundary of
26th May,
1888, and the War Department ground at its junction with Garden
Notification
No. 327 Road, thence passing in a Southerly direction up the
Gazette
26th July, hillside to the Victoria Gap, crossing over the Kennedy
1889. ]
and Plantation Roads by means of bridges, and terminating
at the Victoria Gap at a point on the North side of Farm
Lot Number fifty- three.
Power to Provided that such alterations as the company shall think fit may be
deviate
tramway made in the position of the rail -tracks of the tramway No. 6 as shown
No. 6.
on the deposited plan thereof, such alterations being within the limits of
deviation shown on the said last- mentioned plan.
Plans. 6. The plans hereinbefore referred to as having been deposited, are
the plans Nos. 1 to 6 , 6a , and 7 to 20 inclusive, deposited by the pro
moters in the office of the Surveyor General .
Power to lay 7. Where a double line of tramway is hereby authorized to be laid
single line
where double down, it shall not be compulsory upon the company to lay down a
line author
ized. double line , but they may, at their discretion , lay down in the first
instance a single line of tramway in lieu of such double line , and may ,
at the like discretion , at any time thereafter, convert such last- named
single line into the double line hereby authorized to be laid down . Pro
vided always that, if the working of any double line be considered by
the Governor in Council dangerous or inconvenient, the Governor in
Council may by order direct the company to discontinue one of the lines
of rail , and thereupon the company shall place the remaining line in such
part of the road as the Governor in Council shall by such order approve of.
ORDINANCE No. 6 of 1883 . 1683
Tramways.
8. Subject to the approval of the Governor in Council being first Power to
widen certain
obtained , the company may, in the construction of the above tramways, bridges, &c.
or any of them, alter the level of, and widen, the bridge known as
Bowrington Bridge, which spans the Northern end of the Bowrington
Canal at its junction with the harbour of Victoria, and the bridge which
spans the Northern end of the Nullah or stream running between Marine
Lot Number one hundred and ninety-eight and Marine Lot Number one
hundred and ninety - nine at its junction with the said harbour, or either
of the said bridges ; and subject as aforesaid, may, as regards the tramway
No. 6 , alter the levels of the ground on which the said tramway No. 6 is
laid, make and construct all necessary cuttings and embankments , bridges ,
viaducts, culverts, catch -water drains, and other works, and divert
streams . Provided always that the earth excavated and thrown to
waste is disposed of in such manner as to prevent its being washed down
by rain into the harbour.
9. Subject to the approval of the Governor in Council being first. Powertomake
additional
obtained, after timely and adequate notification by public advertisement crossings, &c.
or otherwise of the intention of the company to apply for such approval,
the company may, from time to time, construct, and maintain, subject
to the provisions of this Ordinance, and in accordance with plans to be
previously deposited by the company in the office of the Surveyor
General, all such crossings , passing places, sidings , junctions, turn -tables
and other works in addition to those particularly specified in and
authorized by this Ordinance as may from time to time be approved of
by the Governor in Council , and may work and use the same.
10. Every tramway running over and along any road shall be con Tramways to
be in middle
structed and maintained as nearly as may be in the middle of such road, of road, &c.
and no tramway shall be so laid that , for a distance of thirty feet or
upwards, a less space than 8 feet shall intervene between the outside of
the footpath on either side of the road and the nearest side of any carriage
(and any projection thereof) , except in the case of bridges, streets , or
other places where the width may not be sufficient to allow a space of 8
feet on either side, and except where it may be necessary to construct
and maintain loops for enabling the carriages to pass each other, or to
construct sidings and curves, all which exceptions shall be subject to the
approval in writing of the Surveyor General.
1684 ORDINANCE No. 6 or 1883 .
Tramways.
Gauge of 11. The tramways Nos. 1 , 2 , 3, 4 and 5 shall be constructed on a
tramwayS
Nos. 1 , 2, 3 , 4 gauge not exceeding three feet six inches in width, and with two steel
and 5
grooved rails, which said rails shall, before being laid down, be approved
of by the Surveyor General, and shall be laid and maintained in such
manner that the uppermost surface thereof shall be on a level with the
surface of the road .
Provided , that the Governor in Council may, from
time to time , require the company to adopt and apply such improvements
in the last-mentioned tramways , including their rails, sleepers and sub
structure as experience may suggest, having regard to the greater security
of the public and advantage to the ordinary traffic, and the company
shall with all reasonable despatch comply with any order made by the
Governor in Council for the purpose of carrying out any such improve
ments .
Gauge of 12. The tramway No. 6 shall be constructed on a gauge not exceed
tramway
No. 6. ing five feet in width, and with steel rails, which said rails shall, before
being laid down, be approved of by the Surveyor General.
Power to
break up 13. The company from time to time for the purpose of making ,
roads. forming, laying down, maintaining, renewing, altering, adding to , or
removing, any tramway under this Ordinance, or any part or parts
thereof respectively, may open and break up any road subject to the
following regulations :
1. They shall give to the Surveyor General notice of their
intention , specifying the time at which they will begin to
do so , and the portion of road proposed to be opened or
broken up, such notice to be given seven days at least
before the commencement of the work.
2. They shall not open or break up or alter the level of any
road except with the authority, under the superintendence ,
and to the satisfaction , of the Surveyor General.
3. They shall leave an interval of at least a quarter of a mile
between any two places at which they may open or break
up the road, and they shall not open or break up at any
such place a greater length than one hundred yards.
Completion 14. When the company have opened or broken up any portion of
of works, and ――
reinstatement ony road, they shall be under the following further obligations , namely :
of road .
1. They shall , with all convenient speed , complete the work on
account of which they opened or broke up the same, and
ORDINANCE No. 6 OF 1883. 1685
Tramways.
(subject to the formation , maintenance , renewal, or altera
tion of, addition to , or removal of the tramway ) fill in the
ground, and make good the surface, and, to the satisfaction
of the Surveyor General, restore the road to as good con
dition as that in which it was before it was opened or
broken up.
2. They shall in the meantime cause the place where the road
is opened or broken up to be fenced and watched , and to
be properly lighted at night.
If the company fail to comply with this section , they shall , for every
offence (without prejudice to the enforcement of specific performance of
the requirements of this Ordinance , or to any other remedy against them)
be liable to a penalty not exceeding one hundred dollars , and to a further
penalty not exceeding twenty - five dollars for each day during which any
such failure continues after the first day on which such penalty is incurred .
15. In addition to the requirements of the preceding section , the Further pro
visions as to
company shall, when they give notice as aforesaid to the Surveyor General construction
of tramways.
of their intention to open or break up any road for any of the purposes
aforesaid, lay before the Surveyor General a plan showing the proposed
mode of constructing, laying down , maintaining , renewing, altering,
adding to or removing the tramways or works, in respect of which
they propose to open or break up such road , and a statement of the
materials intended to be used therein ; and the company shall not com
mence the construction, laying down , maintenance, renewal, alteration of,
addition to , or removal of such tramways or works , or any part thereof
respectively, except for the purpose of necessary repairs , until such plan
and statement have been approved in writing by the Surveyor General ,
and the works shall be executed in accordance with such approved plan
and statement, and under the superintendence , and to the satisfaction of
the Surveyor General.
16. After and so soon as each of the said tramways has been opened Repair of
roads on
for the public traffic , the Surveyor General shall maintain in good con which tram
ways laid.
dition and repair the whole of the road whereon each of the said tramways
is laid, and the company shall pay to the Surveyor General the cost of
the maintenance and repair of so much of any road whereon any tramway
is laid a lies between the rails of the tramway and also (where two lines
of tramways are laid by the company in any road at a distance of not more
1686 ORDINANCE No. 6 or 1883.
Tramways.
than four feet from each other ) the cost of the maintenance and repair of
the portion of the road between the tramways, and also in every case the
cost of the maintenance and repair of so much of the road as extends
eighteen inches beyond the rails of, and on each side of, each tramway.
Except as aforesaid the company shall not be liable to pay for the cost of
the maintenance or repair of any road whereon any tramway is laid. The
company, before paying any monies due from them under this section ,
may inspect any contract or contracts , or specifications , or plans , or other
documents , or writings , in the possession , or under the control of the
Surveyor General , or any contractor or contractors , relating to or stipu
lating for the maintenance or repair of any road a proportion of the cost
of maintaining or repairing which they are liable to bear under this section ,
so that the company may, before paying any proportion of the aforesaid
cost , be satisfied that the sum demanded from them is a fit and proper
sum to be paid by them.
Penalty for 17. The company shall maintain in good condition and repair, and
not maintain
ing rails at at their proper level so as not to be a danger or annoyance to the ordinary
their proper
level and in traffic , the rails of which any of the tramways for the time being consist,
good condi
tion. and the substructure upon which the same rest ; and if the Surveyor Gen
eral shall from time to time, or at any time hereafter , alter the level of
any road along or across which any of the said tramways shall be laid ,
then and in such event, and so often as the same shall happen , the com
pany shall, at their own expense, alter their rails so that the uppermost
surface thereof shall be on a level with the surface of the road as altered ,
and, if the company make default in complying with this section , they
shall, for every offence, be subject on conviction to a penalty not exceeding
twenty-five dollars, and, in case of a continuing offence, to a further
penalty not exceeding ten dollars for every day after the first on which
such default continues.
Temporary 18. Where by reason of the execution of any work affecting the
tramways
may be made surface or soil of any road along which any tramway is laid, it is in the
when neces
sary. opinion of the Surveyor General necessary or expedient temporarily to
remove or discontinue the use of such tramway or any part thereof, the
Surveyor General shall , before such tramway, or any part thereof, shall be
temporarily removed, or the use thereof discontinued , give to the company
14 days' notice at least of the necessity or expediency of such temporary
removal or discontinuance, and immediately on receipt of any such notice
ORDINANCE No. 6 of 1883. 1687
Tramways.
the company may, subject to such conditions and regulations as the Sur
veyor General may from time to time make, construct in the same or any
adjacent road, and, subject as aforesaid , maintain so long as necessary a
temporary tramway in lieu of the tramway or part thereof so removed or
discontinued, and the road on which such temporary tramway is laid shall ,
subject as aforesaid , be maintained so long as necessary by the Surveyor
General at the expense se of the company .
19. Any paving, metalling, or material excavated by the company Application
of road
in the construction of their works from any road under the control of the materials
excavated in
Surveyor General may be applied by them, so far as may be necessary, in construction
of works.
or towards the reinstating of such road , provided such paving metalling
or material are in the opinion of the Surveyor General fit and proper to
be used in the re-instating of such road , and all surplus paving, metalling
or material not used for any of the purposes in this section mentioned
shall be the property of the company , and shall be removed by them.
20. For the purpose of making, forming, laying down , maintaining, Provision as
to gas and
renewing, altering, adding to, or removing any of their tramways , the water com
panies, &c.
company may, from time to time where it is necessary or appears expe
dient for the purpose of preventing frequent interruption of the traffic by
repairs or works in connection with the same , alter the position of any
mains or pipes for the supply of gas or water, or any tubes, wires, or
apparatus for telegraphic or other purposes , subject to the following re
strictions , that is to say :
( 1. ) Before the company shall alter the position of any such
mains or pipes , tubes, wires or apparatus they shall
obtain the written assent of the Surveyor General to such
alteration .
(2. ) Before laying down a tramway in a road in which any
mains, or pipes , tubes, wires or apparatus may be laid ,
the company shall , whether they contemplate altering
the position of any such mains or pipes , tubes, wires or
apparatus or not, give seven days' notice to the company,
persons or person to whom such mains, or pipes, tubes,
wires or apparatus may belong, of their intention to lay
down or alter the tramway, and shall at the same time
deliver a plan and section ofthe proposed work. If it
shall appear to such other company, persons, or person
1688 ORDINANCE No. 6 OF 1883 .
Tramways .
that the construction of the tramway as proposed would
endanger any such main or pipe, tube, wire or apparatus ,
or interfere with, or impede the supply of water or gas, or
the telegraphic or other communication , such other com
pany, persons or person may give notice to the company
to lower, or otherwise alter the position of the said mains
or pipes, tubes, wires or apparatus in such manner as may
be considered necessary ; and any difference as to the
necessity of any such lowering or alteration shall be
settled in manner provided by this Ordinance for the
settlement of differences between the company and other
companies or persons ; and all alterations to be made
under this section shall be made with as little detriment
and inconvenience to such other company or persons or
person as the circumstances will admit and under the
superintendence of such other company , persons or person ,
or of their, or his surveyor or engineer.
(3. ) The company shall not remove or displace any of the mains
or pipes , valves, syphons , plugs, tubes, wires or appara
tus , or other works belonging to any such other company ,
persons or person, or do anything to impede the passage
of water or gas , or the telegraphic or other communica
tion into, or through such mains or pipes valves , syphons,
plugs, tubes , wires or apparatus, without the consent of
such other company , persons or person , or in any other
manner than such other company, persons or person
shall approve, until good and sufficient mains , pipes ,
valves , syphons , plugs , tubes, wires or apparatus , and
other works necessary or proper for continuing the supply
of water, or gas, or telegraphic or other communication ,
as sufficiently as the same was supplied by the mains or
pipes, valves, syphons, plugs, tubes, wires or apparatus
proposed to be removed or displaced, shall , at the expense
of the company, have been first made and laid down in
lieu thereof and be ready for use, to the reasonable satis .
faction of the surveyor or engineer of such other com
pany, persons or person or, in case of disagreement
between such surveyor or engineer and the company, in
ORDINANCE No. 6 OF 1883 . 1689
Tramways.
such manner as the Surveyor General, or other fit and
proper person specially appointed by the Governor in
Council, shall direct .
(4. ) The company shall not lay down any such mains or pipes ,
valves , syphons, plugs , tubes , wires or apparatus con
trary to the regulations of any Ordinance relating to
water, gas, or other companies, or to telegraphs .
(5. ) The company shall make good all damage done by them
to property belonging to or controlled by any such other
company, persons or person, and shall make full compen
sation to all parties for any loss or damage which they
may sustain by reason of any interference with such
property or with the private service pipes of any person
supplied by any such other company or person with
water or gas .
(6. ) If by any such operations as aforesaid the company interrupt
the supply of water or gas in or through any main
pipe, for a period exceeding twelve consecutive hours,
they shall be liable to a penalty not exceeding one
hundred dollars for every day upon which such supply
shall be so interrupted .
21. Where any tramway, or any work connected therewith , interferes For protec
tion of sewers,
with any sewer, drain , water - course, or sub- way, or in any way affects &c.
the sewerage or drainage of the said Colony of Hongkong, the company
shall not commence any such tramway or work until they shall have
given to the Surveyor General fourteen days previous notice in writing
of their intention so to do, and leaving with such notice all necessary
particulars relating thereto, nor until the Surveyor General shall have
signified his approval of the same, unless he do not signify his approval ,
disapproval, or other directions within fourteen days after service of the
said notice and particulars as aforesaid ; and the company shall comply
with the directions of the Surveyor General in the execution of the said
works, and shall provide by new, altered, or substituted works, in such
manner as the Surveyor General shall require, for the proper protection
of, and for preventing injury or impediment to the sewers and works
bereinbefore referred to by or by reason of the tramways, and shall save
1690 ORDINANCE No. 6 OF 1883 .
Tramways.
harmless the Surveyor General against the expense occasioned thereby ;
and all such works shall be done by or under the superintendence of the
Surveyor General at the cost and expense of the company, and when any
new, altered or substituted work shall be completed by, or at the cost or
expense of the company under this Ordinance, the same shall thereafter
be as completely under the control of the Surveyor General, and be
maintained by him, as any other sewers or works.
Rights of 22. Nothing in this Ordinance shall take away or abridge any power
companies,
&c. to open to open or break up any road along or across which any tramway is laid,
roads.
or any other power now or hereafter to be vested in any other company ,
or persons, or person for the doing of any matter or thing, which such
company or such persons or person is are or will be authorized to do ,
but, in the exercise of such power, every such other company , or persons
or person, shall be subject to the following restrictions ( that is to say) :
( 1. ) They shall cause as little detriment or inconvenience to
the company as circumstances admit.
( 2. ) Before they commence any work whereby the traffic on
the tramway will be interrupted , they shall (except in
cases of urgency, in which case notice of the commence
ment of such work shall be given to the company within
twenty-four hours after such commencement ) give to
the company and the Surveyor General notice of their
intention to commence such work, specifying the time
at which they will begin to do so, such notice to be
given twenty-four hours at least before the commence
ment of the work.
(3. ) They shall not be liable to pay to the company any com
pensation for loss of traffic occasioned thereby, or for
the reasonable exercise of the powers so vested in them
as aforesaid .
(4. ) Whenever, for the purpose of enabling them or him to
execute such work, such other company or persons or
person shall so require, the company shall either stop
traffic on that portion of the tramway to which such
notice shall refer, where it would otherwise interfere with
such work, or shore up and secure the same at their own
ORDINANCE No. 6 OF 1883. 1691
Tramways.
risk and cost during the execution of the work there.
Provided that such work shall always be completed by
such other company or persons or person with all reason
able expedition .
( 5. ) Any such other company or persons or person shall not
execute such work so far as it immediately affects the
tramways, except under the superintendence of the com
pany, unless the company do not give such superintend
ence at the time specified in the notice for the commen
cement of the work, or permanently discontinue the same
during the progress of the work, and they or he shall
execute such work at their or his own expense and to
the reasonable satisfaction of the company .
23. If any difference arises between the company on the one hand , Difference
between
and any other company or person (other company and
than the Surveyor General ) to
others (other
whom any sewer, drain , tube, wires or apparatus for telegraphic or other than the
Surveyor
purposes may belong on the other hand, with respect to any interference General.)
or control exercised , or claimed to be exercised by such other company,
or such person, or on their, or his behalf, or by the company, by virtue
of this Ordinance , in relation to any tramway or work, or in relation to
any work or proceeding of such other company, or such person, or with
respect to the propriety of, or the mode of execution of any work relating
to any tramway, or with respect to the amount of any compensation to
be made by or to the company, or on the question whether any work is
such as ought reasonably to satisfy the company, or person concerned,
or with respect to any other subject or thing regulated by , or comprised
in this Ordinance, the matter in difference shall ( unless otherwise specially
provided for by this Ordinance ) be settled by the Governor in Council ,
on the application of either party, and the Governor in Council may
direct that any expenses thereby incurred shall be paid by either of the
parties.
24. If any difference arises between the company on the one hand , Differences
between
and the Surveyor General on the other hand, with respect to any inter company and
Surveyor
ference or control exercised , or claimed to be exercised by the company, General .
or the Surveyor General, by virtue of this Ordinance in relation to any
tramway or work, or in relation to any work or proceeding of the Sur
veyor General, or with respect to the propriety of, or the mode of execu
1692 ORDINANCE No. 6 OF 1883.
Tramways.
tion of any work relating to any tramway, or with respect to the cost of
the maintenance or repair of any road along or across which any tramway
passes , or with respect to the amount of any compensation to be made
by or to the company, or on the question whether any work is such as
ought to satisfy the Surveyor General , or with respect to any other sub
ject or thing regulated by or comprised in this Ordinance, the matter in
difference shall ( unless otherwise specially provided for by this Ordinance )
be settled by the Governor in Council on the application of either party.
Tramways not 25. None of the said tramways shall be opened for public traffic
to be opened
until certified. until the same has been certified to be fit for such traffic by the Surveyor
General or other officer duly appointed in writing for that purpose by the
Governor in Council , and the Governor in Council has , by notification in
the Gazette, authorized the same to be opened for such traffic .
Cesser ofpowers in certain events.
Cesser of 26. If the company do not, within three years after the time at
powers in
certainevents. which they might, under this Ordinance, have commenced the construc
tion of any one or more of the tramways hereby authorized , and complete,
and open the same for public traffic , or
If within one year after the time aforesaid , the construction of
any one or more of such tramways, is not, in the opinion
of the Governor in Council , substantially commenced , or
If the construction of any one or more of such tramways that
has or have been commenced, is suspended without a
reason sufficient, in the opinion of the Governor in Council ,
to warrant such suspension ,
the powers hereby given to the company for constructing such tramways ,
so not completed or commenced , or so suspended as aforesaid , or other
wise in relation thereto , shall cease to be exercised , unless the time be
prolonged by the Governor in Council, and , as to so much of each or any
of such tramways as is then completed , the Governor in Council may
allow the said powers to continue and to be exercised if he shall think fit ,
but failing such permission the same shall cease to be exercised, and
where such permission is withheld then so much of the said tramways
respectively as is then completed shall be deemed to be a tramway to
which all the provisions of this Ordinance relating to the discontinuance
of tramways after proof of such discontinuance shall apply, and may be
ORDINANCE No. 6 OF 1883 . 1693
Tramways.
dealt with accordingly. A notice published by the Governor in Council
in the Gazette declaring that a tramway has not been completed and
opened for public traffic, or that the construction of the tramways , or any
or either of them, has not been substantially commenced within the time
aforesaid, or that such construction has been suspended without sufficient
reason , shall be conclusive evidence for the purposes of this section of such
non-completion; non -commencement, or suspension .
Licences to use tramways.
27. If, at any time after any tramway, or part of any tramway, shall Licences to
third parties
have been for three years opened for public traffic, it shall be represented to use
tramways.
in writing to the Governor in Council by twenty inhabitant rate-payers
of the Colony of Hongkong that the public are deprived of the full benefit
of any tramway, or part thereof, the Governor in Council may ( if he
considers that primâ facie the case is one for enquiry ) enquire into the
matter, and, if satisfied of the truth of the representation, may from time
to time grant licences to any company or person to use such tramway in
addition to the company for such traffic as is authorized by this Ordinance ,
with carriages to be approved of by the Governor in Council, subject to
-
the following provisions, conditions, and restrictions , that is to say:
(1. ) The licence shall be for any period not less than one year ,
nor more than three years from the date of the licence ,
but shall be renewable by the Governor in Council , if he,
upon enquiry thinks fit.
(2. ) The licence shall be to use the whole of such tramways
for the time being opened for public traffic, or such part
or parts of such tramways, as the Governor in Council ,
having reference to the cause for granting the licence ,
shall think right .
(3. ) The licence shall direct the number of carriages which the
licensee or licensees shall run upon such tramway, and
the mode in which, and times at which such carriages
shall be run.
(4. ) The licence shall specify the tolls to be paid to the company ,
or to their lessees , by the licensee or licensees, for the
use of the tramways .
1694 ORDINANCE No. 6 OF 1883.
Tramways.
( 5. ) The licensee or licensees , and their officers or servants shall
permit one person duly authorized for that purpose by
the company or by their lessees , to ride free of charge in
or upon each carriage of the licensee or licensees run
upon the tramways for the whole or any part of the
journey.
( 6. ) The Governor in Council may, at any time after the
granting of any licence, revoke, alter or modify the
same for good cause shown to him.
Penalty if 28. If on demand any licensee fail to pay the tolls due in respect
default made
by licensee in of any passengers carried in any carriage, it shall be lawful for the
payment of
tolls. company , or their lessees , to whom the same are payable , to detain and
sell such carriage, or, if the same shall have been removed from the
tramway, or premises of the company or such lessees , to detain and sell
any other carriages on such tramway or premises belonging to such
licensee, and out of the monies arising from such sale to retain the tolls
payable as aforesaid , and all charges and expenses of such detention and
sale, rendering the overplus (if any) of such monies, and such of the
carriages as shall remain unsold , to the person entitled thereto .
Licensee to 29. Every licensee shall, on demand , give to an officer or servant ,
give account
of passengers. authorized in that behalf by the company or their lessees, entitled to be
paid tolls by such licensee , an exact account in writing , signed by such
licensee , of the number of passengers conveyed by any and every carriage
used by him on the tramways .
Penalty for 30. If such licensee fails to give such account to such officer or
not account
ing. servant demanding the same as aforesaid , or if any such licensee with
intent to avoid the payment of any tolls gives a false account , he shall,
for every such offence, forfeit to the company, or to their lessees entitled
to be paid tolls by such licensee, a sum not exceeding fifty dollars , and
such penalty shall be in addition to any tolls payable in respect of the
passengers carried by any such carriage.
Disputes as to 31. If any dispute arise concerning the amount of the tolls due to
tolls to be
settled by the company or to their lessees from any licensee , or concerning the
Magistrate.
charges occasioned by any detention or sale of any carriage under the
provisions herein contained , the same shall be settled by summary
procedure before a Magistrate in the manner hereinafter provided for the
ORDINANCE No. 6 of 1883. 1695
Tramways .
recovery of unpaid tolls, penalties , and forfeitures, and it shall be lawful
for the company or their lessees in the meanwhile to detain the carriage
or ( ifthe case so require) the proceeds of the sale thereof.
32. Every licensee shall be answerable for any trespass or damage Licensee
for
liable
done by his carriages , or horses , or by any of the servants or persons damage.
employed by him to or upon the tramway, or to or upon the property of
any other person , and, without prejudice to the right of action against the
licensee, or any other person , every such servant, or other person , may
lawfully be convicted of such trespass or damage before a Magistrate , and
upon such conviction every such licensee shall pay to the company , lessees ,
or persons injured, as the case may be, the damage, to be ascertained by
such Magistrate, so that the same do not exceed two hundred dollars and
fifty dollars.
Discontinuance of tramways .
33. If, at any time after the opening of any tramway for traffic, the Discontinu
ance of
company discontinue the working of such tramway or of any part tramways by
the company .
thereof for the space of six months ( such discontinuance not being
occasioned by circumstances beyond the control of the company, for which
purpose the want of sufficient funds shall not be considered a circum
stance beyond their control ) and such discontinuance is proved to the
satisfaction of the Governor in Council, the Governor in Council may by
ofsuch tramway,
order declare that the powers of the company in respect ofsuch
or the part thereof so discontinued , shall , from the date of such order, be
at an end, and thereupon the said powers of the company shall cease and
determine, unless the same are purchased by the Government in manner
by this Ordinance provided . Where any such order has been made, the
Surveyor General may, at any time after the expiration of two months
from the date of such order, under the authority of a certificate to that
effect by the Governor in Council , remove the tramway, or part of the
tramway so discontinued, and the company shall pay to the Surveyor
General the cost of such removal , and of the making good of the road by
the Surveyor General , such cost to be certified by the Surveyor General,
whose certificate shall be final and conclusive ; and if the company fail to
pay the amount so certified within two months after delivery to them of
such certificate or a true copy thereof, the Surveyor General may, without
any previous notice to the company ( but without prejudice to any other
remedy which he may have for the recovery of the amount ) sell and
1696 ORDINANCE No. 6 OF 1883 .
Tramways .
dispose of the materials of the tramway, or part of the tramway removed ,
either by public auction or private sale, and for such sum or sums and to
such person or persons as he may think fit, and may out of the proceeds
of such sale reimburse himself the amount of the cost certified as aforesaid,
and of the cost of sale, and the balance, if any, of the proceeds of sale
shall be paid to the company.
Insolvency of company.
Proceedings 34. Ifany time after the opening of any tramway for traffic, it appears
in case of
insolvency of to the Governor in Council that the company are insolvent, so that they
company.
are unable to maintain such tramway, or work the same with advantage
to the public, the Governor in Council may enquire into the financial
affairs of the company, and if the Governor in Council shall be of opinion
that the company are so insolvent aforesaid , he may by order declare that
the powers of the company shall, at the expiration of six months from
the making of the order, be at an end , and the powers of the company
shall cease and determine at the expiration of the said period unless the
same are purchased , by the Government in manner by this Ordinance
provided, and thereupon the Surveyor General may remove the tramway
in like manner , and subject to the same provisions as to the payment of
the costs of such removal , and to the same remedy for recovery of such
costs in every respect as in cases of removal under the next preceding
section.
Purchase of tramways .
Purchase by 35. The Governor in Council may, within six months after the
Government
of tramways. expiration of a period of twenty -one years from the time when the company
were empowered to construct the said tramways, and within six months
after the expiration of every subsequent period of seven years, or within
three months after any order made by the Governor in Council under
either of the two next preceding sections, by notice in writing require the
company to sell, and thereupon the company shall sell to the Government
their undertaking, upon terms of paying the then value ( exclusive of any
allowance for past or future profits of the undertaking, or any compensa
tion for compulsory sale or other consideration whatsoever ) of the
tramways, and all lands, buildings, works, materials and plant of the
company suitable to and used by them for the purposes of their under
taking, such value to be , in case of difference , determined upon petition
ORDINANCE No. 6 OF 1883 . 1697
Tramways.
to the Court in a summary way, and, when any such sale has been made,
all the rights, powers and authorities of the company in respect of the
undertaking sold, or, where any order has been made by the Governor
in Council under either of the next preceding sections , all the rights,
powers and authorities of the company previous to the making of such
order in respect of the undertaking sold , shall be transferred to , vested
in, and may be exercised by the Government.
Motive Power.
36. The carriages used on the said tramways Nos. 1 , 2 , 3 , 4 and 5 Carriages of
tramways
may be moved by animal, steam , or any mechanical power. Provided Nos. 1 , 2 , 3, 4
and 5 may be
always, that the exercise of the powers by this section conferred with moved by
animal , steam,
respect to the use of steam or any mechanical power shall be subject to or mechanical
the regulations set forth in schedule A. hereto, and to any regulations power.
which may be added thereto, or substituted therefor by any order which
the Governor in Council is hereby empowered to make from time to time ,
as and when he may think fit, for securing to the public all reasonable
protection against danger in the exercise of the powers hereby conferred
with respect to the use of steam or any mechanical power on the tramways
Nos . 1 , 2 , 3 , 4 and 5. Provided also that before the company , or any
person, use steam, or any mechanical power, under this Ordinance, they,
or he, shall give two months previous notice of their or his intention so
to do to the Governor in Council.
37. The carriages used on the tramway No. 6 may be moved by Motive power
of tramway
means of locomotive or stationary engines and steel - wire ropes , or by No. 6.
such other mechanical power as the Governor in Council shall approve of.
38. Every carriage used on any of the said tramways shall be so Construction
of carriages.
constructed as to provide for the safety of passengers , and for their safe
entrance to, and exit from , and accommodation in such carriage, and their
protection from the machinery used for drawing or propelling such
carriage.
39. The Surveyor General, or any officer or officers appointed for Powers to
authorities to
that purpose by the Governor in Council in writing, may, from time to inspect
engines, &c.
time, inspect any engine or carriage used on any of the tramways , and
the machinery therein , and also any rope or other machinery of the said
tramways , and report thereon, and the Governor in Council may by order
1698 ORDINANCE No. 6 OF 1883 .
Tramways .
prohibit the use on the tramways , or any of them , of any such engine ,
carriage, rope, or machinery which may be determined to be unsafe or unfit
for use .
Penalty for 40. The company or any person using steam or any mechanical
using steam
or mechanical power on any ofthe tramways contrary to the provisions of this Ordinance,
power con
trary to Ordi or (where the same are applicable ) to any of the regulations set forth in
nanee or
regulations. schedule A. hereto , or to any regulation added thereto or substituted
therefor as aforesaid , shall for every such offence , be subject to a penalty
not exceeding fifty dollars, and also, in the case of a continuing offence, a
further penalty not exceeding twenty-five dollars for every day after the
first during which such offence continues . Provided that whether any
such penalty has been recovered or not, the Governor in Council , in case
it shall be determined that the company or any persons using steam or
any mechanical power on the tramways under the authority of this Ordi
nance , have made default in complying with the provisions of this Ordi
nance, or ( where the same are applicable ) with any of the regulations set
forth in schedule A. hereto, or with any regulation which may have been
added thereto or substituted therefor as aforesaid, may, by order , direct
the company or such persons to cease to exercise the powers aforesaid ,
and thereupon the company or such persons shall cease to exercise the
powers aforesaid, and shall not again exercise the same unless with the
authority of the Governor in Council ; and in every such case the Governor
in Council shall make a special report to Her Majesty's Principal Secre
tary of State for the Colonies notifying the making of such order.
Rule of the 41. Where a double line of rails is laid every engine and carriage
road.
travelling in one direction over one of such double lines shall pass every
engine and carriage travelling in the opposite direction over the other of
such double lines on its right side, except that, where necessary , any
engine or carriage may from time to time pass and repass from one line
to the other.
Bye-laws.
Bye- laws. 42. Subject to this Ordinance, the Governor in Council may from
time to time make , and when made may rescind , annul , or add to regula
tions with regard to any of the tramways for regulating the working and
control of the tramways as well as for any of the following purposes , that
is to say :
ORDINANCE No. 6 OF 1883 . 1699
Tramways.
For regulating the use of the warning apparatus affixed to the
engines .
For regulating the emission of smoke or steam from the engines.
For providing that engines and carriages shall be brought to a
stand at such places , and in such cases of impending danger
as the Governor in Council may deem proper for securing
safety.
For regulating the entrance to, exit from, and accommodation
in the carriages , and the protection of passengers from the
machinery of any engine used for drawing or propelling
such carriages .
For regulating the rate of speed of the engines and carriages.
Provided that the speed as regards tramways Nos. 1 , 2 , 3 and
4, shall not ( unless another rate be authorized by the Gov
ernor in Council under the authority of this section ) exceed
the rate of 8 miles an hour , and , as regards tramways Nos. 5 ,
and 6 , shall not exceed the rate of ten miles an hour, and that
no engines or carriages may pass through moveable facing
points at a pace exceeding the rate of four miles an hour.
Provided also that, as regards tramways Nos. 1 , 2, 3
and 4 , the Governor in Council may, if he shall think fit
so to do, authorize the maximum rate of speed to be
increased to a rate not exceeding the rate of 10 miles an
hour.
For the stopping of carriages using the tramways.
For providing for the due publicity of all regulations and bye .
laws for the time being relating to the tramways, by
exhibition thereof in conspicuous places.
For providing for the safety of the public in all cases in which
it shall appear to the Governor in Council that such safety
is, or is likely to be endangered or imperilled .
Subject to this Ordinance, the company may from time to time make
bye-laws .
For preventing the commission of any nuisance in or upon any
carriage, or in or against any premises belonging to them.
For regulating the travelling in or upon any carriage belonging
to them .
1700 ORDINANCE No. 6 OF 1883.
Tramways .
And from time to time repeal or alter such bye-laws and make new
bye-laws ; and notice of the making of any regulations by the Governor
in Council, or bye- laws by the company shall be published once in two
consecutive weeks in the Gazette, within one month after the making
thereof. A true copy of every bye-law shall , one month at lease before
the same shall come into operation, be sent to the Governor by the
company .
Penalty may 43. Any such regulation or bye-law may impose penalties for
be imposed in
regulations , offences against the same not exceeding ten dollars for each offence , with
or bye-lays.
or without penalties for continuing offences, not exceeding for any
continuing offence five dollars for every day during which the offence
continues ; but all bye-laws shall be so framed as to allow in every case
part only of the maximum penalty being ordered to be paid .
Carriages and engines.
Company 44. The company may use on their tramways carriages with flange
may use
flange wheels , or wheels suitable only to run on the rails of their tramways, and ,
wheeled
carriages. subject to this Ordinance, the company shall have the exclusive use of
their tramways for carriages with flange-wheels, or other wheels suitable
only to run on the said rails , and no carriage or engine used on any of
the tramways Nos . 1 , 2 , 3 , 4 and 5 shall exceed six feet four inches in
width.
Power to sell.
Power to sell. 45. Subject to the approval of the Governor in Council being first
obtained ( but not otherwise ) the company may, at any time and from
time to time , sell, assign , or absolutely dispose of their undertaking, or
any part, or parts thereof, to such person or persons, corporation or
company, by public auction or private contract, or partly by public auction
and partly by private contract, and with , under and subject to such terms
and conditions in all respects as the company shall think fit, with power
at any such sale to fix a reserve price for, or buy in the same, and when
any such sale, assignment or absolute disposal has been made all the
rights, powers, authorities, obligations , and liabilities of the company in
respect to the undertaking , or part or parts thereof sold , assigned , or
absolutely disposed of, shall be transferred to, vested in , and may be
exercised by, and shall attach to the person or persons , corporation or
ORDINANCE No. 6 of 1883 . 1701
Tramways.
company to whom the same has been sold, assigned, or absolutely disposed
of, in like manner as if the undertaking , or part or parts thereof sold ,
assigned, or absolutely disposed of, was or were constructed by such
person or persons, corporation , or company , under the powers conferred
upon him or them by this Ordinance, and in reference to the same he or
they shall be deemed to be the company .
Power to lease.
46. Subject to the approval of the Governor in Council being first Power to
lease.
obtained ( but not otherwise ) the company may, at any time and from
time to time, demise their undertaking, or any part or parts thereof, to
such person or persons , corporation or company, for such term or terms
of years, or from year to year, or for any less period , and for such rent or
rents , and upon such terms and conditions in all respects , as the company
shall think fit to adopt, to take effect either in possession or at some future
date, and either with or without a premium or premiums as a consideration
or considerations for such demise or demises .
Power to mortgage.
47. It shall be lawful for the company from time to time or at any Power to
mortgage.
time to borrow money on mortgage of all or any part of their undertaking,
and for that purpose to assign or demise by way of mortgage all or any
portion of their lands , messuages or tenements , erections, buildings ,
works, rolling stock, plant, machinery, chattels and effects , to any person
or persons , corporation or company, and to enter into all such covenants ,
provisos, declarations and agreements as the company shall think fit or
proper.
Rights of Government.
48. The Governor in Council may, at any time or times and at all Rights of
Government.
times , by order direct that precedence over the company and all other
persons, in the user of the tramways hereby authorized , or any or either
of them , be taken for defensive or military purposes, or for the passage
of troops and war material , on giving to the company , on each occasion
of such user, three clear days notice.
49. The Governor in Council shall direct the payment to the com Government
to pay tolls.
pany for such user as aforesaid of such tolls as shall be agreed on, or , if
1702 ORDINANCE No. 6 OF 1883 .
Tramways.
no agreement shall be come to, then the amount of such tolls to be paid
shall be determined upon petition to the Court in a summary way.
Traffic rpon tramways.
Traffic upon
tramways . 50. The tramways may be used for the purpose of conveying
passengers, animals , goods , merchandize, minerals, and parcels.
Company not 51. Save and except passengers ' luggage not exceeding sixteen
boundtocarry
goods. pounds in weight, or one cubic foot in measurement, the company shall
not be bound to carry, unless they think fit, any animals, goods, mer
chandize, minerals or parcels .
Tolls.
Title.
52. The company may demand and take for passengers the tolls or
charges specified in schedule B. hereto , including tolls for the use of the
tramways and of carriages , and for motive power, and every other
expense incidental to the conveyance of passengers . A list printed in the
English and Chinese languages , of all the tolls and charges authorised to
be taken shall be exhibited in a conspicuous place at the offices of the
company, and inside and outside each of the carriages used upon the
tramways. Provided that if there be any variation between the English
and Chinese prints of the said list , the English print thereof shall prevail.
Distance 53. Every fare paid by every passenger for travelling upon the
covered by
tolls.
tramways Nos . 1 , 2 , 3 and 4 , or any of them , or any part thereof, shall
entitle such passenger to travel any distance on all or any of the said last
mentioned tramways , once, on the day on which such passenger shall so
travel, in the same direction continuously, and without leaving the car
riages, but for no further distance, or on any tramway other than the
tramways Nos. 1 , 2 , 3 and 4, or more than once, or on any other day, or
in any other direction , or to leave and re-enter the carriages ; and every
fare paid by every passenger for travelling upon the tramway No. 5, or
any part thereof, shall entitle such passenger to travel any distance on
the said last mentioned tramway, once, on the day on which such pas
senger shall so travel , in the same direction continuously, and without
leaving the carriages, but for no further distance, or on any tramway
other than the tramway No. 5 , or more than once, or on any other day,
or in any other direction , or to leave and re-enter the carriages ; and
every fare paid by every passenger for travelling upon the tramway No.
ORDINANCE No. 6 OF 1883 . 1703
Tramways.
6, or any part thereof, shall entitle such passenger to travel any distance
on the said last mentioned tramway, once, on the day on which such
passenger shall so travel, in the same direction continuously, and without
leaving the carriages, but for no further distance, or on any tramway
other than the tramway No. 6 , or more than once, or on any other day,
or in any other direction , or to leave and re-enter the carriages.
54. If the carriages shall , during any journey, contain their author If carriages
full, company
ized complement of passengers , the company shall not be bound to find not bound to
carry.
accommodation for any other passenger, notwithstanding that such other
passenger may have purchased a ticket , or tickets, entitling him to travel
upon the tramways, or any of them.
55. No passenger may take on any of the tramways his personal Passengers
luggage.
luggage other than small hand baskets bags , or parcels , any one of which
shall not exceed sixteen pounds in weight, or one cubic foot in measu
rement . All such personal luggage shall be carried by hand, and at the
responsibility of the passenger, and shall not occupy any part of a seat, nor
be of a form or description to annoy or inconvenience other passengers.
56. The company may demand and take, in respect of any animals , Tolls for
animals,
goods, inerchandize, minerals or parcels conveyed by them on the tram goods, &c.
ways, except as is by this Ordinance specially provided , including the
tolls and charges for the use of the tramways, and for waggons or trucks ,
and for motive power, and every other expense incidental to such convey
ance, any tolls or charges not exceeding the tolls and charges specified in
schedule C. hereto, subject to the regulations therein contained .
57. The said tolls and charges shall be paid to such persons , and at Payment of
tolls.
such places and in such manner, as the company may, by notice annexed
to the list of tolls, appoint .
Abandonment of undertaking.
58. If the company abandon their undertaking, or any part or parts On abandon
ment road to
thereof, and take up the tramways Nos . 1 , 2 , 3, 4 and 5 , or any, or either be reinstated.
of them, they shall, with all convenient speed , and in all cases within
eight weeks at the most ( unless the Surveyor General otherwise consents
in writing ) , fill in the ground and make good the surface, and , to the
satisfaction of the Surveyor General , restore the portion of the road upon
which such last -mentioned tramways , or such of them as shall be
abandoned, were laid to as good a condition as that in which it was before
1704 ORDINANCE No. 6 OF 1883.
Tramways.
such tramways were laid thereon , and clear away surplus paving, or
metalling material , or rubbish occasioned by such work, and they shall
in the meantime cause the place where the road is opened or broken up to
be fenced and watched and to be properly lighted at night : Provided
always that if the company fail to comply with the provisions of this
section, the Surveyor General , if he thinks fit, may himself at any time
after seven days ' notice to the company remove the tramways, and do the
works necessary for the restoration of the road, to the extent provided
for in this section , and the expense incurred by the Surveyor General in
so doing shall be re-paid to him by the company.
Offences.
Offences . 59. If any person wilfully obstructs any person acting under the
authority ofthe company in the lawful exercise of any of the powers hereby
conferred, or defaces or destroys any mark made for the purpose of setting
out the line of any tramway, or damages or destroys any property of the
company, he shall for every such offence be liable to a penalty not ex
ceeding twenty-five dollars.
Further 60. If any person without lawful excuse (the proof whereof shall lie
offences.
on him ) wilfully does any of the following things , namely :
:
Interferes with, removes, or alters, any part of a tramway, or of the
works connected therewith ;
Places , or throws any stones , dirt , wood , refuse , or other materials
on any part of a tramway ;
Does, or causes to be done anything in such manner as to obstruct
any carriage using a tramway, or to endanger the lives of persons
therein , or thereon ;
Or knowingly aids or assists in the doing of any of such things ;
he shall for every such offence be liable ( in addition to any proceedings
by way of indictment, or otherwise , to which he may be subject ) to a
penalty not exceeding twenty-five dollars.
Further 61. If any person travelling, or having travelled in any carriage
offences.
avoids, or attempts to avoid payment of his fare, or if any person having
paid his fare for a certain distance, knowingly and wilfully proceeds in
any such carriage beyond such distance, and does not pay the additional
fare for the additional distance, or attempts to avoid payment thereof, or
if any person knowingly and wilfully refuses or neglects, on arriving at
ORDINANCE No. 6 OF 1883. 1705
Tramways.
the point to which he has paid his fare , to quit such carriage, every such
person shall, for every such offence, be liable to a penalty not exceeding
ten dollars.
62. It shall be lawful for any officer or servant of the company, and Transient
offenders.
all persons called by him to his assistance , to seize and detain any person
discovered either in , or immediately after committing, or attempting to
commit any such offence as in the next preceding section is mentioned ,
and whose name or residence is unknown to such officer or servant, until
such person can be conveniently taken to a Police Station for safe custody
and detained until he be discharged by due course of law.
63. No person shall be entitled to carry, or to require to be carried Penalty for
bringing
on any tramway any goods which may be of a dangerous nature, and if
goods on
any person send by any tramway any such goods, without distinctly tramways.
inarking their nature on the outside of the package containing the same,
or otherwise giving notice in writing to the book-keeper or other servant
with whom the same are left, at the time of such sending, he shall be
liable to a penalty not exceeding one hundred dollars for every such offence ,
and it shall be lawful for the company to refuse to take any parcel that
they may suspect to contain goods of a dangerous nature, or require the
same to be opened to ascertain the fact.
64. If any person ( except under the authority of this Ordinance ) ,
for using
uses any of the said tramways with carriages having flange-wheels , or tramways
with flange
other wheels suitable only to run on the rail of such tramway, such person wheeled
carriages.
shall for every such offence be liable to a penalty not exceeding one hundred
dollars.
Purchase of lands by agreement.
65. Subject to the provisions of this Ordinance, it shall be lawful Power to
purchase
for the company to agree with the owners of any lands which shall be lands by
agreement.
required for the purposes of this Ordinance, and with all parties having
any estate or interest in such lands , or by this Ordinance enabled to sell
and assign the same, for the absolute purchase for a consideration in
money of any such lands , or such parts thereof as they shall think proper,
and of all estates and interests in such lands of what kind soever.
66. It shall be lawful for all parties , being seized, possessed of, or Parties under
disability
entitled to any such lands, or any estate or interest therein , to sell and enabled to
sell and
assign or release the same to the company, and to enter into all necessary assign.
agreements for that purpose, and particularly it shall be lawful for all or
1700 ORDINANCE No. 6 OF 1883.
Tramways.
any of the following parties, so seized , possessed , or entitled as aforesaid
só to sell, assign or release ( that is to say ) all corporations, tenants in tail ,
or for life, married women seized in their own right, guardians, committees.
of lunatics and idiots, trustees in trust for charitable or other purposes ,
executors and administrators, and all parties for the time being entitled to
the receipt of the rents and profits of any such lands in possession , or
subject to any lease for life , or for lives and years, or for years , or any less
interest ; and the power so to sell and assign or release as aforesaid may
lawfully be exercised by all such parties, other than lessees for life, or for
lives and years, or for years, or for any less interest, not only on behalf of
themselves and their respective heirs , executors , administrators and suc
cessors , but also for and on behalf of every person entitled in reversion ,
remainder, or expectancy after them, or in defeasance of the estates of such
parties, and , as to such married women, whether they be of full age or
not, as if they were sole and of full age, and as to such guardians on be
half of their wards, and as to such committees on behalf of the lunatics.
and idiots of whom they are the committees respectively, and that to the
same extent as such wives , wards , lunatics and idiots respectively could
have exercised the same power under the authority of this Ordinance, if
they had respectively been under no disability , and as to such trustees ,
executors and administrators , on behalf of their cestuique trusts , whether
infants , issue unborn , lunatics , femes covert, or other persons , and that to
the same extent as such cestuique trusts respectively could have exercised
the same powers under the authority of this Ordinance if they had respect-
ively been under no disability.
Parties under 67. The power to release lands from any rent -charge or incumbrance?
disability
to exercise and to agree for the apportionment of any such rent-charge or incumbrance
other powers.
shall extend to , and may lawfully be exercised by every party herein
before enabled to sell and assign or release lands to the company.
Compensation 68. The purchase money or compensation to be paid for any lands
where parties
are under to be purchased or taken from any party under any disability or incapa-
disability.
city and not having power to sell or assign such lands except under the
provisions of this Ordinance, and the compensation ( if any ) to be paid.
for any permanent damage or injury to any such lands, where such party
has agreed to the amount to be paid, shall not be less than shall be
approved by the Court or a Judge, upon the petition to the Court in a.
summary way of any of the parties interested , and all purchase money
ORDINANCE No. 6 CF 1883 . 1707
Tramways.
and compensation recovered under or by virtue of this section shall be
paid into Court for the benefit of the parties interested .
Purchase of lands otherwise than by agreement.
69. Before it shall be lawful for the company to put in force any of Part of capi
tal to be sub
the powers of this Ordinance in relation to the compulsory taking of land scribed before
compulsory
for the purposes of the undertaking, or open or break up any roads , the powers exer
eised .
-company shall satisfy the Governor in Council that one third part at least
of the capital or estimated sum for defraying the expenses of the under
taking shall have been subscribed under contract binding the parties
thereto, their heirs, executors and administrators , for the payment of the
several sums by them respectively subscribed, and a certificate of the
Governor, published in the Gazette, shall be conclusive evidence that such
amount has been duly subscribed .
70. When the company shall require to purchase or take any of the Notice of
intention to
lands more particularly mentioned and set out in schedule D. to this take lands.
Ordinance, they shall give notice thereof to all the parties interested in
such lands, or to the parties enabled by this Ordinance to sell and assign
or release the same , or to such of the said parties as shall, after diligent
enquiry, be known to the company, and by such notice shall demand from
such parties the particulars of their estate and interest in such lands, and
of the claims made by them in respect thereof ; and every such notice
shall state the particulars of the lands so required, and that the company
are willing to treat for the purchase thereof, and as to the compensation
to be made to all parties for the damage that may be sustained by them
by reason of the execution of the works.
71. Within twenty one days after the service of such notice ( exclusive Particulars of
claim to be
of the day of service ) every party upon whom the same is served shall delivered.
give notice to the company stating the particulars of his claim in respect
of any such land and the compensation which he is willing to accept for
the same.
72. Within twenty one days after the service on the company of Company
state whatto
such last mentioned notice (exclusive of the day of service ) the company compensation
they will pay.
shall in writing state to the party giving the same whether or not they
will pay the compensation required by such party, and, if not, then they
shall state what compensation they are willing to pay to such party , and
within twenty one days after the service on such party by the company
1708 ORDINANCE No. 6 OF 1883.
Tramways.
of such intimation (exclusive of the day of service ) such party shall give
notice to the company whether or not he will accept the compensation
that the company are willing to pay.
Compensa 73. If the company or any such party as aforesaid fail to serve the
tion to be
determined said respective notices aforesaid within the respective times aforesaid, or
by suit.
if no agreement be come to between the company and the owners of or
parties by this Ordinance enabled to sell, and assign, or release, any of
the said lands mentioned in the said schedule D. , and taken or required for,
or injuriously affected by the execution of the undertaking, or any interest
in such lands, as to the value of such lands, or of any interest therein , or
as to the compensation to be made in respect thereof, or for any damage
that may be sustained by reason of the execution of the works, the amount
of such value, compensation , or damage shall be determined by a suit to
be instituted in the Court in its original jurisdiction .
Writ to issue. 74. Every such suit shall be commenced by a writ of summons
[ * 3. ] headed Compensation under the Tramway's Ordinance 1882 , * and shall be
issued by the Registrar of the Court on the filing by the company of a
præcipe for the same, or on the filing by the party claiming compensation ,
if the company shall not , within fourteen days after service upon them
by such party of a notice requiring them so to do , file their præcipe for
such writ.
Special 75. The plaintiff shall be at liberty to make upon the writ of
indorsement.
summons and copy thereof a special indorsement, which indorsement may
be in the form shown in schedule E. to this Ordinance , or as near thereto
as the circumstances of the case will admit of.
Application 76. After the appearance of the defendant to a writ specially
for reference.
endorsed, or in case of non - appearance, the company may, within seven
days after the time limited for appearance, apply by summons in chambers
for a reference to the Registrar to ascertain the amount of such value ,
compensation, or damage as aforesaid, and thereupon the Judge may
make such order as he shall think fit. If the company do not make such
application within the time aforesaid , the other party may , within five
days after the expiration of such seven days , make such application .
Practice to be 77. Except as is herein otherwise provided, the practice to be
followed .
followed in every such suit as aforesaid , and the proceedings therein , sha! l
be the same as the practice and proceedings for the time being obtaining
ORDINANCE No. 6 OF 1883. 1709
Tramways.
in suits in the Court in its original jurisdiction , save that , if it appears to
the Court, or a Judge, that no question is in issue between the parties
beyond the amount of compensation to be awarded , it shall not be
necessary to file any written pleadings , but the Court , or Judge, may
make such order on the confirmation of the Registrar's report as to it, or
him, may seem just , and the costs of the suit shall be in the discretion of Costs.
the Court, unless the same or a less sum than shall have been offered by
the company shall be directed to be paid by them , in which case each
party shall bear his own costs .
78. The purchase money or compensation to be paid for any of the How compen
sation to
said lands mentioned in the said schedule D. and required to be purchased absent parties
to be deter
or taken by the company from any party who, by reason of absence from mined.
the Colony of Hongkong, is prevented from treating , or who cannot after
diligent enquiry be found , shall be determined upon petition to the Court
in a summary way, and the expenses thereof and incident thereto shall
be borne by the company .
79. In estimating the purchase money or compensation to be paid
&c.,
by the company in any of the cases aforesaid , regard may be had not only may be in
cluded in com
to the value of the land to be purchased or taken by the company , but pensation.
also to the damage if any to be sustained by the owner of the lands by
reason of the severing of the lands taken from other lands of such owner ,
or of such other lands being otherwise injuriously affected by the exercise
of the powers of this Ordinance, and to the fact that the lands taken are
so taken from such owner compulsorily.
80. When the compensation payable in respect of any of the said Where com
pensation to
lands mentioned in the said schedule D. , or any interest therein, shall absent party
has been as
have been ascertained and paid into Court under the provisions herein certained as
aforesaid the
contained, by reason that the owner of, or party entitled to assign such party may
have the same
lands or such interest therein as aforesaid could not be found, or was determined as
in other cases
absent from the said Colony of Hongkong, if such owner or party shall of disputed
compensa
be dissatisfied with such determination , it shall be lawful for him , before tion.
he shall have applied to the Court for payment out or investment of the
monies so paid into Court, by notice in writing to the company to require
the question of such compensation to be determined by a suit to be
instituted in the Court in its original jurisdiction in the same manner as
is hereinbefore provided for in other cases of disputed compensation , and
thereupon the same shall be so determined accordingly.
1710 ORDINANCE No. 6 OF 1883.
Tramways.
Question to be
determined. 81. The question to be determined in the case last aforesaid shall be,
whether the said sum so paid into Court as aforesaid by the company was
a sufficient sum, or whether any, and what further sum ought to be paid
into Court by them.
If further sum 82. If it shall be determined that a further sum ought to be paid
determined
company to into Court by the company, they shall so pay, such further sum within
pay same into
Court within fourteen days after such determination or, in default thereof, the same.
fourteen days.
may be enforced by attachment, or recovered , with costs, by action or
suit.
Cost of the
83. If it shall be determined that the sum so paid into Court was
enquiry.
sufficient, the costs of and incident to such enquiry shall be in the dis
cretion of the Court, but if it shall be determined that a further sum ought
to be paid into Court by the company , all the costs of and incident to the
enquiry shall be borne by the company.
Compensa 84. If any party shall be entitled to any compensation in respect
tion where no
satisfaction of any of the said lands, mentioned in the said schedule D. , or of any
previously
made, how to interest therein , which shall have been taken for or injuriously affected
be settled .
by the execution of the works, and for which the company shall not have
made satisfaction under the provisions of this Ordinance, such compensa
tion shall be determined , where no agreement has been come to between
such party and the company, by a suit to be instituted in the Court in its
original jurisdiction in the same manner as is hereinbefore provided for
in other cases of disputed compensation.
Application of compensation.
Purchase 85. If the purchase-money or compensation which shall be payable
money pay
able to par in respect of any of the said lands, mentioned in the said schedule D. , or
ties under
disability of any interest therein , purchased or taken by the company from any
exceeding
$1,000 to be tenant for life or in tail, married woman seized in her own right, guardian
paid into
Court. committee of lunatic or idiot , trustee, executor or administrator, or person
having a partial or qualified interest only in such lands, and not entitled
to sell or assign the same except under the provisions of this Ordinance,
or the compensation to be paid for any permanent damage to any such
lands, exceed the sum of one thousand dollars , the same shall be paid into
Court, subject to the orders of the Court, and such monies shall remain
in Court until the same be applied to some one or more of the following
purposes , ( that is to say) :
ORDINANCE No. 6 or 1883 . 1711
Tramways.
In the discharge of any debt or incumbrance affecting the land Application of
monies paid
in respect of which such money shall have been paid, or in .
affecting other lands settled therewith to the same or the
like uses, trusts, or purposes ; or
In the purchase of other lands to be assigned , limited , and settled
upon the like uses, trusts , and purposes, and in the same
manner as the lands in respect of which such money shall
have been paid stood settled ; or ,
If such money shall be paid in respect of any buildings taken
under the authority of this Ordinance, or injured by the
proximity of the works , in removing or re- placing such
buildings , or substituting others in their stead, in such
manner as the Court shall direct ; or ,
In payment to any party becoming absolutely entitled to such
money.
86. Such money may be so applied as aforesaid upon an order of Order for
application
the Court or a Judge, made on the petition of the party who would have and invest
ment mean
been entitled to the rents and profits of the lands in respect of which such while.
money shall have been deposited ; and until the money can be so applied
it may, upon the like order , be invested by the Registrar in or upon any
securities or investments authorized by the Court or a Judge, and the in
terest, dividends , and annual proceeds thereof paid to the party who would
for the time being have been entitled to the rents and profits of the lands.
87. Ifthe purchase-money or compensation ' shall not exceed the Sums from
$100 to $1000
sum of one thousand dollars , and shall exceed the sum of one hundred to be paid
into Court, or
dollars , the same shall either be paid into Court, and applied in the manner to trustees.
hereinbefore directed with respect to sums exceeding one thousand dollars ,
or the same may lawfully be paid to two trustees , to be nominated by the
parties entitled to the rents or profits of the lands in respect whereof the
same shall be payable, such nomination to be signified by writing under
the hand of the parties so entitled ; and in case of the coverture, infancy,
lunacy , or other incapacity of the parties entitled to such monies, such
nomination may lawfully be made by their respective husbands , guardians ,
committees , or trustees ; but such last- mentioned application of the monies
shall not be made unless the company approve thereof, and ofthe trustees
named for the purpose ; and the money so paid to such trustees, and the
1712 ORDINANCE No. 6 of 1883 .
Tramways.
produce arising therefrom , shall be by such trustees applied in the manner
hereinbefore directed with respect to money paid into Court, but it shall
not be necessary to obtain any order of the Court for that purpose.
Sums not 88. If such money shall not exceed the sum of one hundred dollars ,
exceeding
$100 to be the same shall be paid to the parties entitled to the rents and profits of
paid to par
ties. the lands in respect whereof the same shall be payable , for their own use
and benefit, or in case of the coverture , infancy, idiotcy , lunacy, or other
incapacity of any such parties, then such money shall be paid , for their
use, to the respective husbands , guardians, committees , or trustees of such
persons.
Application 89. All sums of money exceeding one hundred dollars which may
of compensa
tion to parties be payable by the company in respect of the taking, using, or interfering
not absolutely
entitled, with, any lands under a contract or agreement with any person who shall
not be entitled to dispose of such lands, or of the interest therein con
tracted to be sold by him, absolutely for his own benefit, shall be paid
into Court or to trustees in manner aforesaid.
Court to 90. Where any purchase-money or compensation paid into Court
direct ap
plication of under the provisions of this Ordinance shall have been so paid in respect
money in
respect of life of any lease for a life or lives or years, or for a life or lives and years , or
interests, &c.
in lands. any interest less than the whole interest granted by any Crown lease, it
shall be lawful for the Court or a Judge , upon petition to the Court in a
summary way of any party interested therein, to order that the same shall
be laid out, invested, accumulated, and paid in such manner as the Court
or such Judge may consider will give to the parties interested in such
money the same benefit therefrom as they might lawfully have had from
the interest in respect of which such money shall have been paid , or as
near thereto as may be.
Upon pay. 91. Upon payment in manner hereinbefore provided, of the purchase
ment being
made, the money or compensation agreed or determined to be paid in respect of any
owners of the
lands to of the said lands mentioned in the said schedule D. , and purchased or
assign , or in
default the taken by the company under the provisions of this Ordinance, the owner
landsto vest in 1
the company of such lands , including in such term all parties by this Ordinance
by deed .
enabled to sell or assign lands, shall, when required so to do by the
company, duly assign such lands to the company, or as they shall direct ;
and in default thereof, or if he fail to adduce a good title to such lands
to their satisfaction , it shall be lawful for the company, if they think fit,
ORDINANCE No. 6 OF 1883 . 1713
Tramways.
to prepare a deed of conveyance, assignment, or assurance of such lands
to themselves, containing a description of the lands in respect of which
such default shall be made, and reciting the purchase or taking thereof
company, and the names of the parties from whom the same were
by the company
purchased or taken , and the payment made in respect thereof, and
declaring the fact of such default having been made, and to tender such
deed after the same shall have been stamped with the stamp duty which
would have been payable upon an assignment to the company of the
lands described therein , to the Registrar for execution on behalf of the
owner and other ( if any ) the conveying, assigning, or assuring parties ,
and thereupon the Registrar shall, upon an order of the Court to be
obtained upon petition in a summary way, execute the same, and all the
estate and interest in such lands of, or capable of being sold and assigned
by the party between whom and the company such agreement shall have
been come to, or as between whom and the company such purchase
money or compensation shall have been determined as herein provided ,
and shall have been paid as aforesaid , shall vest absolutely in the com
pany, and as against such parties, and all parties on behalf of whom they
are hereinbefore enabled to sell and assign, the company shall be entitled
to immediate possession of such lands .
92. If the owner of any of the said lands mentioned in the said Where parties
refuse to
schedule D. , and purchased or taken by the company, or of any interest assign or do
not show title.
therein, on tender of the purchase- money or compensation which shall or cannot be
found , the
have been determined in manner aforesaid to be payable in respect thereof, purchase
money to be
refuse to accept the same, or neglect or fail to make out a title to such paid into
Court.
lands, or to the interest therein claimed by him, to the satisfaction of
the company, or if he refuse to assign or release such lands as directed
by the company, or if any such owner be absent from the said Colony
of Hongkong, or cannot after diligent inquiry be found , or fail to appear
on the inquiry herein provided for , it shall be lawful for the company to
pay the purchase-money or compensation payable in respect of such
lands, or any interest therein , into Court subject to the control and
disposition of the Court.
93. Upon any such payment into Court as last aforesaid being made , Upon pay
ment into
it shall be lawful for the company, if they think fit, to prepare a deed of Court being
made, the
-conveyance, assignment, or assurance of the last mentioned lands to them lands to vest
upon a deed
selves, containing a description of the lands in respect whereof such pay being ex
ecuted.
ment shall have been made, and declaring the circumstances under which
1714 ORDINANCE No. 6 OF 1883.
Tramways.
such payment shall have been made , and to tender such deed , after the
same shall have been stamped with the stamp duty which would have
been payable upon an assignment to the company of the lands described
therein, to the Registrar for execution on behalf of the owner and other
(if any ) the conveying, assigning, or assuring parties , and thereupon the
Registrar shall, upon an order of the Court to be obtained upon petition
in a summary way, execute the same and all the estate and interest in
such lands of the parties for whose use and in respect whereof such pur
chase-money or compensation shall have been so paid shall vest absolutely
in the company, and, as against such parties , they shall be entitled to im
mediate possession of such lands .
Application 94. Upon the application by petition of any party making claim to
of monies so
paid into the money so paid into Court as last aforesaid , or any part thereof, or to
Court
the lands in respect whereof the same shall have been so paid or any part
of such lands, or any interest in the same, the Court or a Judge may, as
to it or him shall seem fit, order such money to be laid out or invested in
or upon any securities or investments authorized by the Court or a Judge,
or may order distribution thereof, or payment of the dividends thereof,
according to the respective estates , titles , or interests of the parties making
claim to such money or lands , or any part thereof, and may make such
other order in the premises as to such Court or Judge shall seem fit .
Party in 95. If any question arise respecting the title to the lands in respect
possession to
be deemed the whereof such monies shall have been so paid into Court as aforesaid, the
owner.
parties respectively in possession of such lands, as being the owners
thereof, or in receipt of the rents of such lands, as being entitled thereto
at the time of such lands being purchased or taken , shall be deemed to
have been lawfully entitled to such lands, until the contrary be shown to
the satisfaction of the Court or a Judge, upon petition in a summary way,
and, unless the contrary be shown as aforesaid , the parties so in possession ,
and all parties claiming under them , or consistently with their possession ,
shall be deemed entitled to the money so paid into Court, and to the
dividends or interest thereof and the same shall be paid and applied
accordingly.
Costs in cases 96. In all cases of monies paid into Court under the provisions of
of money paid
into Court. this Ordinance, except where such monies shall have been so paid in by
reason of the wilful refusal of any party entitled thereto to receive the
same, or to assign or release the lands in respect whereof the same
ORDINANCE No. 6 or 1883 . 1715
Tramways.
shall be payable, or by reason of the wilful neglect of any party to make
out a good title to the land required , it shall be lawful for the Court to
order the costs of the following matters , including therein all reasonable
charges and expenses incident thereto , to be paid by the company ( that
is to say ) the costs of the purchase or taking of the lands , or which shall
have been incurred in consequence thereof, other than such costs as are
herein otherwise provided for, and the costs of the investment of such
monies in manner by this Ordinance provided and of the re-investment
thereof in the purchase of other lands , and also the costs of obtaining
the proper orders for any of the purposes aforesaid, and of the orders for
the payment of the dividends and interest of the securities upon which
such monies shall be invested , and for the payment out of Court of the
principal of such monies, or of the securities whereon the same shall be
invested, and of all proceedings relating thereto, except such as are occa
sioned by litigation between adverse claimants : Provided always, that
the costs of one application only for re - investment in land shall be allowed ,
unless it shall appear to the Court that it is for the benefit of the parties
interested in the said monies that the same should be invested in the
purchase of lands , in different sums, and at different times , in which
case it shall be lawful for the Court to order the costs of any such invest
ments to be paid by the company .
Assignments.
97. Assignments of lands to the company shall be in such form as Assignments.
the company shall think fit .
98. The costs of all such assignments shall be borne by the com Cost of
assignments.
pany, and such costs shall include all charges and expenses incurred , on
the part as well of the seller as of the purchaser , of all assignments and
assurances of any such lands, and of any outstanding terms or interests
therein , and of deducing, evidencing, and verifying the title to such lands ,
terms or interests, and of making out and furnishing such abstracts and
attested copies as the company may require, and all other reasonable
expenses incident to the investigation , deduction and verification of such
title.
99. If the company and the party entitled to any such costs shall Taxation of
costs of
not agree as to the amount thereof, such costs shall be taxed by the assignments.
Registrar upon an order of the Court, to be obtained upon petition in a
1716 ORDINANCE No. 6 of 1883 .
Tramways .
summary way by the company, or by such party, if the company refuse
or neglect to apply for such order for fourteen days after notice from such
party so to do, and the company shall pay what the Registrar shall certify
to be due in respect of such costs to the party entitled thereto , or in
default thereof the same may be recovered in the same way as any other
costs payable under an order of the said Court, and the expense of taxing
such costs shall be borne by the company, unless upon such taxation one
sixth part of the amount of such costs shall be disallowed , in which case
the costs of such taxation shall be borne by the party whose costs shall
be so taxed , and the amount thereof shall be ascertained by the Registrar
and deducted by him accordingly in his certificate of such taxation .
Entry on lands.
Payment of 100. The company shall not, except by consent of the owners and
price to be
mnadeprevious occupiers , enter upon any of the said lands mentioned in the said schedule
to entry,
except to D., and which shall be required to be purchased or permanently used for
survey , &c.
the purposes and under the powers of this Ordinance, until they shall
either have paid to every party having any interest in such lands , or
paid into Court in the manner herein mentioned the purchase-money or
compensation to be paid to such parties respectively for their respective
interests therein : Provided always that for the purpose merely of survey
ing such lands, and of setting out the line of the works , it shall be lawful
for the company, after giving not less than three nor more than fourteen
days ' notice to the owners or occupiers thereof, to enter upon such lands
without previous consent, making compensation for any damage thereby
occasioned to the owner or occupiers thereof.
Company to 101. Provided also , that if the company shall be desirous of entering
be allowed to
enter on lands upon and using any of the said lands mentioned in the said schedule D.
before
purchase, on before an agreement shall have been come to, or the purchase- money or
making
deposit by compensation to be paid by them in respect of such lands shall have been
way of
security and determined as herein provided , it shall be lawful for the company to pay
giving bond.
into Court by way of security either the amount of purchase-money or
compensation claimed by any part interested in, or entitled to sell and
assign such lands , and who shall not consent to such entry, or such a sum
as shall , by the Court or a Judge upon petition in a summary way be
determined to be the value of such lands or interest therein which such
party is entitled to or enabled to sell and assign, and also to give or tender
to such party a bond , under the common seal of the company, with two
ORDINANCE No. 6 or 1883. 1717
Tramways.
sufficient sureties to be approved of by such Court or Judge in case the
parties differ , in a penal sum equal to the sum so to be deposited , condi
tioned for payment to such party , or for payment into Court , for the benefit
ofthe parties interested in such lands , as the case may require , under the
provisions herein contained , of all such purchase-money or compensation as
may in manner hereinbefore provided be determined to be payable by the
company in respect ofthe lands so entered upon, together with interest there
on, at the rate ofsix dollars per centum per annum, from the time of entering
on such lands until such purchase- money or compensation shall be paid
to such party or into Court for the benefit of the parties interested in such
lands under the provisions herein contained ; and upon such payment by
way of security being made as aforesaid, and such bond being delivered or
tendered to such non- consenting party as aforesaid , it shall be lawful for
the company to enter upon and use such lands , without having first paid
the purchase-money or compensation in other cases required to be paid
by them before entering upon any lands to be taken by them under the
provisions of this Ordinance. Provided always that , if it shall be shown
to the satisfaction of the Court or a Judge that such non - consenting party
as aforesaid be absent fromthe Colony, whether temporarily or permanently,
or in hiding, or cannot after diligent enquiry be found , then such Court
or Judge may order such bond as aforesaid to be dispensed with, and
may authorized the company to enter upon and use any of the said lands
mentioned in the said schedule D. after first paying into Court by way
of security either the amount of purchase-money or compensation claimed
by such non-consenting party, or such a sum as shall by such Court or
Judge be determined upon petition in a summary way to be the value
of such lands or interest therein which such non-consenting party is
entitled to or enabled to sell or assign .
102. The money so paid into Court as last aforesaid shall remain Monies to
remain as a
in Court by way of security to the parties whose lands shall so have been security, and
to be applied
entered upon, for the performance of the condition of the bond to be given under the
direction of
by the company as hereinbefore mentioned, or where such bond has been the Court.
dispensed with as aforesaid , for the payment to the parties whose lands
shall so have been entered upon , or for deposit in Court for the benefit
of the parties interested in such lands , as the case may require, under the
provisions herein contained , of all such purchase -money or compensation
as may in manner hereinbefore provided be determined to be payable by
the company in respect of the lands so entered upon , together with interest
1718 ORDINANCE No. 6 of 1883 .
Tramways.
thereon at the rate of six dollars per centum per annum from the time of
entering on such lands until such purchase- money or compensation shall be
paid to such party, or until the money so deposited shall be deemed to be, or
shall be deposited in Court for the benefit of the parties interested in such
lands under the provisions herein contained , and the monies so deposited in
Court as in the next preceding section mentioned may, on the application by
petition of the company, be ordered to be invested upon any securities or
investments authorized by the Court or a Judge, and upon the objects or
object for which such deposit as last aforesaid was made being fully attained
or satisfied , it shall be lawful for the Court, upon a like application , to order
the money so deposited , or the funds in which the same shall have been
invested, together with the accumulations thereof, to be re- paid or trans
ferred to the company, or if such objects or object shall not be fully attained
or satisfied , it shall be lawful for the Court to order the same to be applied
in such manner as it shall think fit for the benefit of the parties for whose
security the same shall so have been deposited .
Penalty on the 103. If the company or any of their contractors shall, except as
company
entering upon aforesaid , wilfully enter upon and take possession of any of the said lands
lands without
consent mentioned in the said schedule D. , which shall be required to be purchased
before pay .
ment of the or permanently used for the purpose of this Ordinance, without such con
purchase
money , sent as aforesaid, or without having made such payment into Court as
aforesaid for the benefit or security of the parties interested in the lands,
the company shall forfeit to the party in possession of such lands the sum
of fifty dollars, over and above the amount of any damage done to such
lands by reason of such entry and taking possession as aforesaid, and if
the company or their contractors shall, after conviction in such penalty
as aforesaid, continue in unlawful possession of any such lands, the com
pany shall be liable to forfeit the sum of one hundred dollars for every
day they or their contractor shall so remain in possession as aforesaid ,
such penalty to be recoverable by the party in possession of such lands ,
with costs, by a suit to be instituted in the Court in its original jurisdic
tion in the same manner as is hereinbefore provided for in cases of disputed
compensation. Provided always that nothing herein contained shall be
held to subject the company to the payment of any such penalties as
aforesaid, if they shall bonâ fide and without collusion have paid the com
pensation which shall have been under the provisions of this Ordinance
determined to be paid in respect of the said lands to any person whom
the company may have reasonably believed to be entitled thereto , or shall
ORDINANCE No. 6 or 1883. 1719
Tramways.
have paid the same into Court for the benefit or security of the parties
interested in the lands, although such person may not have been legally
entitled thereto .
104. Ifin any case in which, according to the provisions of this Ordi Proceedings
in case of
nance, the company are authorized to enter upon and take possession of refusal to
deliver
such of the said lands mentioned in the said schedule D. as are required for possession of
lands.
the purposes of the undertaking, the owner or occupier of any such lands.
or any other person refuse to give up the possession thereof, or hinder
the company from entering upon or taking possession of the same, it shall
be lawful for the company to issue their warrant to one of the bailiffs of
the Court to deliver possession ofthe same to the person appointed in such
warrant to receive the same, and upon the receipt ofsuch warrant such bailiff
shall deliver possession of any such lands accordingly, and the costs accruing
by reason of the issuing and execution of such warrant, to be settled by
the Registrar, shall be paid by the person refusing to give possession , and
the amount of such costs shall be deducted and retained by the company
from the compensation, if any, then payable by them to such party, or if
no such compensation be payable to such party , or if the same be less
than the amount of such costs , then such costs, or the excess thereof
beyond such compensation , if not paid on demand, shall be recovered in
the same way as any other costs payable under an order of the said Court.
105. No party shall at any time be required to sell or assign to the Parties not to
be required to
company a part only of any house or other building or manufactory, if sellpart of a
house.
such party be willing and able to sell and assign the whole thereof.
Lands in mortgage.
106. It shall be lawful for the company to purchase or redeem the Powerto
redeem
interest of the mortgagee of any of the said lands mentioned in the said mortgages.
schedule D., which may be required for the purposes of this Ordinance ,
and that whether they shall have previously purchased the equity of
redemption of such lands or not, and whether the mortgagee thereof be
entitled thereto in his own right, or in trust for any other party, and
whether he be in possession of such lands by virtue of such mortgage or
not, and whether such mortgage affect such lands solely, or jointly with
any other lands not required for the purposes of this Ordinance , and in
order thereto the company may pay or tender to such mortgagee the
principal and interest due on such mortgage, together with his costs and
1720 ORDINANCE No. 6 or 1883.
Tramways.
charges, if any, and also one month's additional interest, and thereupon
such mortgagee shall immediately assign his interest in the lands
comprised in such mortgage to the company, or as they shall direct, or
the company may give notice in writing to such mortgagee that they
will pay off the principal and interest due on such mortgage at the end
of one month , computed from the day of giving such notice ; and if they
shall have given any such
such notice,
notice, or if the party entitled to the equity of
redemption of any such lands shall have given notice of his intention to
redeem the same, then at the expiration of either of such notices, or at
any intermediate period , upon payment or tender by the company to the
mortgagee of the principal money due on such mortgage, and the interest
which would become due at the end of one month from the time of giving
either of such notices, together with his costs and expenses , if any, such
mortgagee shall assign or release his interest in the lands comprised in
such mortgage to the company , or as they shall direct .
Payment into 107. If, in either of the cases aforesaid , upon such payment or
Court of
mortgage tender, any mortgagee shall fail to assign or release his interest in such
money on
refusal to mortgage as directed by the company, or if he fail to adduce a good title
accept.
thereto to their satisfaction , or if he be absent from the Colony, whether
temporarily or permanently, or in hiding, or cannot after diligent enquiry
be found, then it shall be lawful for the company to pay into Court in
the manner provided by this Ordinance in like cases , the principal and
(if the same can be ascertained ) interest and costs, if any, due on such
mortgage, and also , if such payment be made before the expiration of the
notices aforesaid, such further interest ( if the same can be ascertained )
as would at such expiration become due ; and it shall be lawful for them ,
if they think fit , to prepare a deed of conveyance, assignment or assurance
and release of such mortgaged lands to themselves, and to tender such
deed, after the same shall have been duly stamped as required by law, to
the Registrar for execution on behalf of the mortgagee and other (if any)
the assuring and releasing parties, and thereupon the Registrar shall,
upon an order of the Court to be obtained upon petition in a summary
way, execute the same ; and thereupon , as well as upon such assignment
by the mortgagee , if any, being made, all the estate and interest of such
mortgagee, and of all persons in trust for him, or for whom he may be a
trustee in such lands shall vest in the company, and they shall be entitled
to immediate possession thereof in case such mortgagee were himself
entitled to such possession.
ORDINANCE No. 6 OF 1838. 1721
Tramways.
108. If any such mortgaged lands shall be of less value than the Sum to be
paid when
principal interest and costs secured thereon, the value of such lands , or mortgage
exceeds the
the compensation to be made by the company in respect thereof, shall be value of the
lands.
settled by agreement between the mortgagee of such lands and the party
entitled to the equity of redemption thereof on the one part, and the
company on the other part, and if the parties aforesaid fail to agree
respecting the amount of such value or compensation , the same shall be
determined as in other cases of disputed compensation ; and the amount
of such value or compensation, being so agreed upon or determined , shall
be paid or tendered by the company to the mortgagee in satisfaction of
his mortgage debt so far as the same will extend , and upon payment or
tender thereof the mortgagee shall assign or release all his interest in
such mortgaged lands to the company, or as they shall direct.
109. If, upon such payment or tender as aforesaid being made , any Payment into
Court of
such mortgagee fail so to assign his interest in such mortgage , or to adduce money when
refused on
a good title thereto to the satisfaction of the company , or if he be absent tender.
from the Colony , whether temporarily or permanently, or in hiding, or
cannot after diligent enquiry be found , it shall be lawful for them to pay
the amount or value or compensation into Court, in the manner provided by
this Ordinance in like cases, and every such payment shall be accepted
by the mortgagee in satisfaction of his mortgage debt, so far as the same
will extend , and shall be a full discharge of such mortgaged lands from
all money due thereon ; and it shall be lawful for the company , if
they think fit, to prepare a deed of conveyance, assignment, or assurance
and release of such mortgaged lands to themselves, and to tender such
deed , after the same shall have been duly stamped as required by law,
to the Registrar for execution on behalf of the mortgagee and other ( if
any) the assuring and releasing parties, and thereupon the Registrar
shall, upon an order of the Court to be obtained upon petition in a
summary way, execute the same, and such lands , as to all such estate
and interest as were then vested in the mortgagee or any person in
trust for him , shall become absolutely vested in the company, and they
shall be entitled to immediate possession thereof in case such mortgagee
were himself entitled to such possession ; nevertheless all rights and
remedies possessed by the mortgagee against the mortgagor, by virtue of
any bond, or covenant, or other obligation , other than the right to such
lands , shall remain in force in respect of so much of the mortgage debt as
shall not have been satisfied by such payment or deposit.
1722 ORDINANCE No. 6 or 1883.
Tramways.
Sum to be
paid where 110. If a part only of any such mortgaged lands be required for
part only of the purposes of this Ordinance, and if the part so required be of less
mortgaged
lands taken. value than the principal money interest and costs secured on such lands ,
and the mortgagee shall not consider the remaining part of such lands a
sufficient security for the money charged thereon , or be not willing to
release the part so required, then the value of such part, and also the
compensation (if any ) to be paid in respect of the severance thereof or
otherwise, shall be settled by agreement between the mortgagee and the
party entitled to the equity of redemption of such land on the one part,
and the company on the other, and if the parties aforesaid fail to agree
respecting the amount of such value or compensation , the same shall be
determined , as in other cases of disputed compensation ; and the amount
of such value or compensation, being so agreed upon or determined ,
shall be paid by the company to such mortgagee in satisfaction of his
mortgage debt so far as the same will extend ; and thereupon such
mortgagee shall assign or release to them, or as they shall direct, all his
interest in such mortgaged lands the value whereof shall have been so
paid ; and a memorandum of what shall have been so paid shall be
endorsed on the deed creating such mortgage, and shall be signed by the
mortgagee ; and a copy of such memorandum shall at the same time
(if required ) be furnished by the company at their expense to the party
entitled to the equity of redemption of the lands comprised in such
mortgage deed .
Payment into 111. If, upon payment or tender to any such mortgagee of the
Court of
money when amount of the value or compensation so agreed upon or determined , such
refused on
tender. mortgagee shall fail to assign or release to the company, or as they shall
direct, his interest in the lands in respect of which such compensation
shall so have been paid or tendered , or if he shall fail to adduce a good
title thereto to the satisfaction of the company , or if he be absent from
the Colony, whether temporarily or permanently, or in hiding, or cannot
after diligent enquiry be found, it shall be lawful for the company to pay
the amount of such value or compensation into Court, and such payment
shall be accepted by such mortgagee in satisfaction of his mortgage debt ,
so far as the same will extend , and shall be a full discharge of the portion.
of the mortgaged lands so required from all money due thereon ; and it
shall be lawful for the company, if they think fit, to prepare a deed of
conveyance, assignment or assurance and release of such last mentioned
mortgaged lands to themselves, and to tender such deed , after the same
ORDINANCE No. 6 or 1883. 1723
Tramways.
shall have been duly stamped as required by law, to the Registrar for
execution on behalf of the mortgagee and other ( if any ) the assuring and
releasing parties , and thereupon the Registrar shall , upon an order of
the Court to be obtained upon petition in a summary way, execute the
same, and such lands shall become absolutely vested in the company, as
to all such estate and interest as were then vested in the mortgagee, or
any person in trust for him , and in case such mortgagee were himself
entitled to such possession they shall be entitled to immediate possession
thereof; nevertheless every such mortgagee shall have the same powers
and remedies for recovering or compelling payment of the mortgage
money or the residue thereof ( as the case may be ) and the interest
thereof respectively, upon and out of the residue of such mortgaged lands ,
or the portion thereof not required for the purposes of this Ordinance, as
he would otherwise have had or been entitled to, for recovering or
compelling payment thereof upon or out of the whole of the lands
originally comprised in such mortgage.
112. Provided always that in any of the cases hereinbefore provided Compensa
tion to be
with respect to lands subject to mortgage, if in the mortgage deed a made in
certain cases ,
time shall have been limited for payment of the principal money thereby if mortgage
paid off before
secured , and under the provisions hereinbefore contained the mortgagee the stipulated
time.
shall have been required to accept payment of his mortgage money , or
of part thereof, at a time earlier than the time so limited , the company
shall pay to such mortgagee, in addition to the sum which shall have
been so paid off, all such costs and expenses as shall be incurred by such
mortgagee in respect of or which shall be incidental to the re-investment
of the sum so paid off, such costs in case of difference to be taxed , and
payment thereof enforced in the manner herein provided with respect to
the costs of assignments ; and if the rate of interest secured by such
mortgage be higher than at the time of the same being so paid off can
reasonably be expected to be obtained on re-investing the same, regard
being had to the then current rate of interest allowed by the Court, such
mortgagee shall be entitled to receive from the company, in addition to
the principal and interest hereinbefore provided for, compensation in
respect of the loss to be sustained by him by reason of his mortgage
money being so prematurely paid off, the amount of such compensation
to be ascertained , in case of difference, as in other cases of disputed
compensation ; and until payment or tender of such compensation as
aforesaid the company shall not be entitled , as against such mortgagee ,
1724 ORDINANCE No. 6 OF 1883.
Tramways.
to possession of the mortgaged lands under the provisions hereinbefore
contained . Provided that the Court or a Judge may order such pay
ment or tender to be dispensed with if it or he shall think fit so to do ,
and such mortgage money and compensation to be paid into Court , and,
on such payment being made , the company shall be entitled , as against
such mortgagee, to possession of the mortgaged lands under the powers
hereinbefore contained .
Rent-charges.
Release of 113. If any difference shall arise between the company and the
lands from
rent-charges. party entitled to any rent- charge, or chief or other rent, or other payment
or incumbrance not hereinbefore provided for , upon any of the said lands
mentioned in the said schedule D. , and required to be taken for the
purposes of this Ordinance, respecting the consideration to be paid for
the release of such lands therefrom , or from the portion thereof affecting
the lands required for the purposes of this Ordinance, the same shall be
determined as in other cases of disputed compensation .
Release of 114. If part only of the lands charged with any such rent -charge,
part of lands
from charge. chief or other rent, payment or incumbrance , be required to be taken for the
purposes of this Ordinance, the apportionment of any such charge may
be determined by agreement between the party entitled to such charge
and the owner of the lands on the one part, and the company on the other
part, and if such apportionment be not so determined by agreement, the
same shall be determined by the Court or a Judge upon petition in a
summary way, but if the remaining part of the lands so jointly subject
be a sufficient security for such charge, then, with consent of the owner
of the lands so jointly subject, it shall be lawful for the party entitled to
such charge to release therefrom the lands required, on condition or in
consideration of such other lands remaining exclusively subject to the
whole thereof.
Payment into 115. Upon payment or tender of the compensation so agreed upon
Court in case
of refusal to or determined to the party entitled to any such charge as aforesaid , such
release.
party shall execute to the company a release of such charge ; and if he
fail so to do , or if he fail to adduce good title to such charge to the
satisfaction of the company , or if he be absent from the Colony, whether
temporarily or permanently, or in hiding, or cannot after diligent enquiry
be found, it shall be lawful for them to pay the amount of such compen
ORDINANCE No. 6 OF 1883 . 1725
Tramways.
sation into Court, and also if they think fit to prepare a deed of release
of such charge, and to tender the same, after the same shall have been
duly stamped as required by law, to the Registrar for execution on behalf
of the releasing parties, and thereupon the Registrar shall , upon an order
of the Court to be obtained upon petition in a summary way, execute
the same, and the rent-charge, chief or other rent, payment or incum
brance, or the portion thereof in respect whereof such compensation shall
so have been paid shall cease and be extinguished .
116. If any such lands be so released from any such charge or in Charge to
continue on
cumbrance, or portion thereof, to which they were subject jointly with lands not
taken.
other lands , such last- mentioned lands shall alone be charged with the
whole of such charge, or with the remainder thereof, as the case may be,
and the party entitled to the charge shall have all the same rights and
remedies over such last- mentioned lands for the whole or the remainder
of the charge, as the case may be, as he had previously over the whole of
the lands subject to such charge ; and if upon any such charge or portion
of charge being so released the deed or instrument creating or transferring
such charge be tendered to the company for the purpose, they shall affix
their common seal to a memorandum of such release endorsed on such
deed or instrument, declaring what part of the lands originally subject to
such charge shall have been purchased by virtue of this Ordinance, and
if the lands be released from part of such charge, what proportion of such
charge shall have been released , and how much thereof continues payable ,
or if the lands so required shall have been released from the whole of such
charge, then that the remaining lands are thenceforward to remain exclu
sively charged therewith ; and such memorandum shall be made and
executed at the expense of the company, and shall be evidence in the Courts
and elsewhere of the facts therein stated , but not so as to exclude any
other evidence of the same facts .
117. Where part only of any lands comprised in a lease for a term Where part
only of lands
of years shall be required for the purposes of this Ordinance, the rent under lease
taken the rent
payable in respect of the lands comprised in such lease shall be apportioned to be appor
tioned.
between the lands so required and the residue of such lands ; and such
apportionment may be determined by agreement between the lessor ( in
cluding Her Majesty , Her Heirs and Successors, in those cases where Her
Majesty, Her Heirs or Successors, shall be the lessor ) and the lessee of
such lands on the one part, and the company on the other part, and
1726 ORDINANCE No. 6 of 1883.
Tramways.
if such apportionment be not so determined by agreement between the
parties , such apportionment shall be determined by the Court or a Judge,
upon petition in a summary way, and after such apportionment the lessee
of such lands shall , as to all future accruing rent, be liable only for so
much of the rent as shall be so apportioned in respect of the lands not
required for the purposes of this Ordinance ; and as to the lands not so
required , and as against the lessee, the lessor shall have all the same rights
and remedies for the recovery of such portion of rent as previously to such
apportionment he had for the recovery of the whole rent reserved by such
lease ; and all the covenants, conditions, and agreements of such lease,
except as to the amount of rent to be paid , shall remain in force with
regard to that part of the land which shall not be required for the purposes
of this Ordinance, in the same manner as they would have done in case
such part only of the land had been included in the lease.
Tenants to be 118. Every such lessee as last aforesaid shall be entitled to receive
compensated.
from the company compensation for the damage done to bim in his tenancy
by reason of the severance of the lands required from those not required
or otherwise by reason of the execution of the works.
Compensa 119. Ifany such lands shall be in the possession of any person having
tion to be
made to no greater interest therein than as tenant for a year, or from year to year,
tenants from
year to year, and if such person be required to give up possession ofany lands so occu
&c.
pied by him before the expiration of his term or interest therein , he shall
be entitled to compensation for the value of his unexpired term or interest
in such lands , and for any just allowance which ought to be made to him
by an incoming tenant, and for any loss or injury he may sustain , or if a
part only of such lands be required , compensation for the damage done to
him in his tenancy by severing the lands held by him or otherwise in
juriously affecting the same ; and the amount of such compensation shall
be determined , in case the parties differ about the same, by the Court or
a Judge upon petition in a summary way, and upon payment or tender
of the amount of such compensation all such presons shall respectively
deliver up to the company, or to the person appointed by them to take
possession thereof, any such lands in their possession required for the
purposes of this Ordinance.
Where greater 120. If any party, having a greater interest than as tenant-at- will ,
interest
claimed than claim compensation in respect of any unexpired term or interest under
at will, lease
to be any lease of any such lands , the company may require such party to
produced .
produce the lease in respect of which such claim shall be made, or the
ORDINANCE No. 24 OF 1882 . 1727
Tramways .
best evidence thereof in his power ; and if after demand made in writing
by the company , such lease, or such best evidence thereof, be not produced
within twenty-one days, the party so claiming compensation shall be
considered as a tenant holding only from year to year, and be entitled to
compensation accordingly.
Limit of compulsory powers.
121. The powers of the company for the compulsory purchase or Limit of time
for compul
taking of lands for the purposes of this Ordinance shall not be exercised sory purchase.
after the expiration of three years from the coming into operation of this
Ordinance.
Interests omitted to be purchased.
122. If at any time after the company shall have entered upon any Company
empowered to
lands which, under the provisions of this Ordinance, they were authorized purchase
interests in
to purchase, and which shall be permanently required for the purposes of lands, the
purchase
this Ordinance , any party shall appear to be entitled to any estate, right , whereof may
have been
or interest in , or charge affecting , such lands which the company shall , omitted by
through mistake or inadvertence, have failed or omitted duly to purchase, mistake.
or to pay compensation for, then whether the period allowed for the
purchase of lands shall have expired or not, the company shall remain in
the undisturbed possession of such lands , provided within three months
after notice of such estate, right, interest, or charge, in case the same
shall not be disputed by the company, or in case the same shall be
disputed then within three months after the right thereto shall have been
finally established by law in favour of the party claiming the same, the
company shall purchase or pay compensation for the same, and shall also
pay to such party, or to any other party who may establish a right
thereto, full compensation for the mesne profits or interest which would
have accrued to such parties respectively in respect thereof during the
interval between the entry of the company thereon and the time of the
payment of such purchase-money or compensation by the company, so far
as such mesne profits or interest may be recoverable in law or equity ;
and such purchase-money or compensation shall be agreed on , or
determined, and paid in like manner as according to the provisions of this
Ordinance the same respectively would have been agreed on , or determined
and paid, in case the company had purchased such estate, right, interest,
or charge before their entering upon such land, or as near thereto as
circumstances will admit.
1728 ORDINANCE No. 6 or 1883.
Tramways.
How value of 123. The compensation to be given for any such last mentioned
such lands to
be estimated. lands, or any estate or interest in the same, or for any mesne profits
thereof, shall be the value of such lands , estate, or interest and profits , at
the time such lands were entered upon by the company, and without
regard being had to any improvements or works made in the said lands
by the company, and as though the works had not been constructed .
Company to 124. In addition to the said purchase-money, compensation , or
pay the costs
of litigation satisfaction , and before the company shall become absolutely entitled to
as to such
lands. any such estate, interest, or charge, or to have the same merged or
extinguished for their benefit, they shall, when the right to any such
estate, interest, or charge, shall have been disputed by the company and
determined in favour of the party claiming the same, pay the full costs
and expenses of any proceedings at law or in equity for the determination
or recovery of the same to the parties with whom any such litigation in
respect thereof shall have taken place ; and such costs and expenses shall ,
in case the same shall be disputed, be settled by the Registrar.
Sale of superfluous lands.
Lands not
wanted to be 125. Within ten years after the expiration of the time limited by
sold, or in this Ordinance for the completion of the works, the company shall abso
default to
vest in the lutely sell and dispose of all superfluous lands, and in default thereof all
Crown.
such superfluous lands remaining unsold at the expiration of such period
shall thereupon vest in and become the property of the Crown .
Service of documents.
Service of 126. Any summons or any writ or other proceeding at law or in
summons, &c.
equity required to be served upon the company may be served by the
same being left at, or transmitted through the post directed to the prin
cipal office of the company, or being given or transmitted through the
post directed to the secretary, or in case there be no secretary , the soli
citor of the company .
Form and 127. With respect to notices, and to the delivery thereof by or to
delivery of
notices. the company , the following provisions shall have effect, that is to say :
1. Every notice shall be in writing or print, or partly in writing and
partly in print.
ORDINANCE No. 6 OF 1883 . 1729
Tramways.
2. Any notice to be delivered by or to the company to or by any
other company or person may be delivered by being left at the
office of such other company or person , or at the then present
or then last known place of abode or residence of such person ,
or of his ostensible agent or agents, or of other the agent or
agents who pay the rents , rates , and taxes payable in respect of
the property of such person , or by being affixed upon some
conspicuous part of any lands affected or intended to be affected
by such notice, or by being left at the office of the company, as
the case may be, or by being sent by post in a registered letter
addressed ( as the case may be ) to the clerk or secretary of such
other company at their principal office, or to such person at his
then present or then last known place of abode or residence,
or at his office or business premises , or by being so sent by post
addressed to the ostensible agent or agents of such person , or
other the agent or agents aforesaid , or to the clerk or secretary
of the company at their principal office.
Provided always that any notice required to be given by the company, as
mentioned in section 70 of this Ordinance, shall in addition be affixed
upon some conspicuous part of the land affected , or intended to be affected,
thereby.
Miscellaneous.
128. If any party shall have committed any irregularity, trespass , Tender of
amends.
or other wrongful proceeding in the execution of this Ordinance , or by
virtue of any power or authority hereby given, and if before action or
suit brought in respect thereof, such party make tender of sufficient amends
to the party injured, such last-mentioned party shall not recover in any
such action or suit, and if no such tender shall have been made, it shall
be lawful for the defendant, by leave of the Court where such action or
suit shall be pending, at any time before answer filed , to pay into Court
such sum of money as he shall think fit, and thereupon such proceedings
shall be had as in other cases where defendants are allowed to pay money
into Court .
129. Every toll penalty or forfeiture imposed by this Ordinance ór Recovery of
tolls, &c.
by any order in Council , regulation , or bye-law made in pursuance hereof,
the recovery of which is not otherwise provided for, may be recovered by
1730 ORDINANCE No. 6 OF 1883 .
Tramways.
summary proceeding before a Magistrate, and on complaint being made
Magistrate he shall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to be named in
such summons, and every such summons shall be served on the party
offending either in person or by leaving the same with some inmate at
his usual or last known place of abode , and upon the appearance of the
party complained against, or in his absence after proof of the due service
of such summons , it shall be lawful for any Magistrate to proceed to the
hearing ofthe complaint, and that although no information in writing or
in print shall have been exhibited before him, and upon proof of the
offence, it shall be lawful for such Magistrate to convict the offender, and
upon such conviction to adjudge the offender to pay the penalty or for
feiture incurred as well as such costs attending the conviction as such
Magistrate shall think fit.
By distress. 130. If forthwith upon any such adjudication as aforesaid , the
amount of the toll, penalty , forfeiture, and of such costs as aforesaid be
not paid, the amount thereof shall be levied by distress , and any Magis
trate shall issue his warrant of distress accordingly. The said amount
shall be levied by distress and sale of the goods and chattels of the party
liable to pay the same, and the overplus arising from the sale of such
goods and chattels , after satisfying the amount due, and the expenses of
the distress and sale, shall be returned on demand to the party whose
goods shall have been distrained .
Application 131. The Magistrate by whom any such penalty or forfeiture shall
of penalties.
be imposed may, where the application thereof is not otherwise provided
for, award one moiety thereof to the use of Her Majesty, Her Heirs and
Successors for the public uses of the Colony and the support of the
Government thereof, and the other moiety to the informer or party pro
secuting or complaining.
Distress not 132. No distress levied by virtue of this Ordinance shall be deemed
unlawful for
want of form. unlawful , nor shall any party making the same be deemed a trespasser,
on account of any defect or want of form in the summons , conviction ,
warrant of distress, or other proceeding relating thereto, nor shall such
party be deemed a trespasser ab initio on account of any irregularity after
wards committed by him, but all persons aggrieved by such defect or
irregularity may recover full satisfaction for the special damage in an
action or suit upon the case
ORDINANCE No. 6 OF 1883. 1731
Tramways.
138. No person shall be liable to the payment of any toll penalty Tolls,
be sued&c.for
to
within six
or forfeiture imposed by virtue of this Ordinance for any offence made months.
cognisable before a Magistrate unless the complaint respecting such offence
shall have been made before such Magistrate within six months next after
the commission of such offence.
134. It shall be lawful for any Magistrate to summon any person Power to
summon
to appear before him or any other Magistrate as a witness in any matter witnesses.
in which a Magistrate shall have jurisdiction under the provisions of this
Ordinance, at a time and place mentioned in such summons , and to
administer to him an oath to testify the truth in such matter, and if any
person so summoned shall without reasonable excuse refuse or neglect to
appear at the time and place appointed for that purpose having been paid
or tendered a reasonable sun for his expenses , or if any person appearing
shall refuse to be examined upon oath or to give evidence before such
Magistrate, every such person shall forfeit a sum not exceeding fifty
dollars for every such offence.
135. The Magistrate before whom any person shall be convicted of Form of con
viction.
any offence against this Ordinance may cause the conviction to be drawn
up according to the form in schedule F. to this Ordinance.
136. No proceeding before a Magistrate in pursuance of this Ordi Proceedings
not to be
nance shall be quashed or vacated for want of form or removed by cer quashed for
want of form.
tiorari or otherwise into the Court.
137. If any party shall feel aggrieved by any determination or Appeal.
[See Ord. No.
adjudication of any Magistrate with respect to any penalty or forfeiture 10 of 1890.1
under the provisions of this Ordinance, such party may appeal under the
provisions of and in manner provided by Ordinance No. 4 of 1858 ,
intituled An Ordinance for Summary Jurisdictions and Appeals to the
Supreme Court.
138. Any person who , upon any examination upon oath under this False
witnesses.
Ordinance, shall wilfully and corruptly give false evidence shall be liable
to the penalties of wilful and corrupt perjury.
139. The company shall be answerable for all accidents , damages , Company to
be responsible
and injuries happening through their act or default, or through the act or for all
damage.
default of any person in their employment, by reason or in consequence
of any of their works or carriages, and shall save harmless all other
companies or bodies , collectively and individually, and their officers and
servants, from all damages and costs in respect of such accidents , damages,
and injuries .
1732 ORDINANCE No. 6 OF 1883 .
Tramways.
Right of user 140. Notwithstanding anything in this Ordinance contained the
only acquired.
company shall not acquire any right other than that of user of the roads
along or across which they lay any tramway.
Power to 141. Nothing in this Ordinance shall limit the powers of the Police
Police to
regulate to regulate the passage of any traffic along or across any public road
traffic.
along or across which any tramway is laid down, and the Police may
exercise their powers as well on as off the tramway, and with respect as
well to the traffic of the company as to the traffic of other persons , and
in particular nothing in this Ordinance shall limit the power of the
Captain Superintendent of Police to make regulations under and exercise
the powers conferred on him by Ordinance No. 10 of 1869.
Rights of 142. Nothing in this Ordinance or in any regulation or bye-law
public
reserved. made hereunder shall take away or abridge the right of the public to
pass along or across every or any part of any public road along or across
which any tramway is laid , whether on or off the tramway, with carriages
not having flange-wheels, or wheels suitable only to run on the rail of
the tramway .
Savi for 143. Notwithstanding anything in this Ordinance contained the
general
Ordinances. company and any persons using the tramways shall be subject and
liable to the provisions of any general Ordinance now in force or which
may hereafter be passed in the Colony of Hongkong relating to tramways.
or by which any tax or duty may be granted or imposed for or in respect
of tramways, or the passengers or traffic conveyed . thereon , or to any
future revision or alteration under the Legislature of the said Colony of
the maximum rates of tolls or charges authorized by this Ordinance and
to any condition, regulation , or restriction , which may be imposed upon
the use of tramways or upon the use on tramways of animal power,
steam power , or any mechanical power, by any such general Ordinance
as aforesaid .
Reservation 144. The powers and privileges given by this Ordinance are so
of rights of
the Crown. given saving and reserving always the rights of Her Majesty and of all
bodies politic and corporate, and of all other persons and those claiming
by, from, and under them , except as is herein otherwise provided .
Suspending 145. This Ordinance shall not come into operation until Her Ma
clause.
jesty's confirmation thereof is proclaimed by the Governor.
ORDINANCE No. 6 OF 1883 . 1738
Tramways.
Schedule A.
( Applicable and extending only to the tramways Nos. 1 , 2, 3, 4 & 5. )
Every engine used on the tramways shall be fitted with such mechanical appliances Break power
ofengines.
for preventing the motive power of such engine from operating, and for bringing such
engine and any carriage drawn or propelled by such engine to a stand, as the Governor
may from time to time think sufficient.
Every engine used on the tramways shall have its number shewn in some As to fittings
ofengines.
conspicuous part thereof, and shall be fitted ,
With an indicator by means of which the speed shall be shewn ;
With a suitable fender to push aside obstructions ;
With a special bell, whistle or other apparatus to be sounded as a warning
when necessary ; and
With a seat for the driver of such engine, so placed in front of such engine
as to command the fullest possible view of the road before him.
Every such engine shall be free from noise produced by blast or clatter of machinery,
and the machinery shall be concealed from view at all points above 4 inches from the
level of the rails, and all fire used on such engine shall be concealed from view.
Schedule B.
The tolls and charges by this Ordinance authorized to be taken are : —
For every passenger travelling upon the tramways Nos . 1 , 2, 3 and 4, or any
of them, or any part thereof,
If such passenger is a first class passenger, any sum not
20 cents .
exceeding ...... }
If a second class passenger, any sum not exceeding ......... 15 "9
If a third class passenger, any sum not exceeding 5 ""
For every passenger travelling upon the tramway No. 5, or any part thereof,
The same tolls and charges as those hereinbefore authorized in respect
of the tramways Nos. 1 , 2, 3 and 4.
For every passenger travelling upon the tramway No. 6, or any part thereof,—
If such passenger is a first class passenger, any sum not
30 cents.
exceeding ... }
If a second class passenger, any sum not exceeding ..20 ""
If a third class passenger, any sum not exceeding ........ 10 "9
Schedule C.
TOLLS AND CHARGES FOR ANIMALS, GOODS, & c.
Animals.
Per mile.
For every horse, mule, or other beast of draught or burden, per head, ....... 12 cents.
For every ox, cow, bull or head of cattle, per head, 12 ..
For every calf, pig, sheep, or other small animal, per head, .. 10 ""
1734 ORDINANCE No. 6 or 1883.
Tramways .
Goods and Minerals.
Per mile.
For all coals, coke, culm, charcoal , cannel, limestone, chalk, lime, salt, sand , fire
clay, cinders, dung, compost and all sorts of manure, and all undressed
materials for the repair of public roads or highways, per ton, .. 20 cents.
For all iron, iron ore, pig iron, bar iron , rod iron , sheet iron, hoop iron, plates
of iron , slabs , billets and rolled iron , bricks, slags, and stone, stones for
building, pitching, and paving, tiles, slates, and clay (except fire-clay) ,
and for wrought iron not otherwise specially classed herein, and for
heavy iron castings, including railway chairs , per ton , 20 39
For all sugar, grain, corn , flour, hides, dyewoods, earthenware, timber and
metals (except iron ) , nails, anvils, vices, and chains, and for light iron
castings, per ton , ........ 20 99
For cotton and other wools, drugs (except opium) and manufactured goods,
and all other wares, merchandise, fish, articles, matters or things, per ton, 30 39
For opium, per chest, 20 99
Small parcels.
For every parcel not exceeding seven pounds in weight , each ,........ 5 99
For any parcel exceeding seven pounds and not exceeding fourteen pounds in
weight, each, ..………………. 10 09
For any parcel exceeding fourteen pounds and not exceeding twenty- eight
pounds in weight, each, 15 ""
For any parcel exceeding twenty- eight pounds, and not exceeding fifty-six
pounds in weight, each, .... 20 22
For any parcel exceeding fifty - six pounds in weight, such sums as the company
may think fit.
Provided always, that articles sent in large aggregate quantities, although made
up in separate parcels, such as bags of sugar, coffee, meal, and the like, shall not be
deemed small parcels, but that term shall apply only to single parcels in separate
packages.
Regulations as to tolls.
A fraction of a mile beyond an integral number of miles shall be deemed a mile.
For a fraction of a ton, the company may demand and take tolls and charges
according to the number of the quarters of a ton in such fraction, and if there be a
fraction of a quarter of a ton, such fraction shall be deemed a quarter of a ton.
With respect to all articles except stone and timber, the weight shall be determined
according to the usual avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone, fifty cubic feet
of China fir or Singapore cedar, and forty cubic feet of any other timber, shall be
deemed one ton weight, and so in proportion for any smaller quantity.
No. 6 OF 1883. 1735
ways.
ule D.
REFER UNDER DESCRIPTION
ENCE No. OWNERS OF SECTIONS. LESSEES . OCCUPIERS. MORTGAGEES.
OF PROPERTY.
No. HOU
ON PLAN.
119
1233
...... Vacant Ground.
25 JNg Sui Woo and Loi Shop and House.
A-yun.
Sai Tin and Chau Che. 99
45
21 Wong Hui Shang and 99
Hop Ki. "
Ng Hoi & Fuk Cheong. 99
0182 0
Mak Cheong. ...... 99
PARA
99 ......
1: Yu Fuk and Sing Ho. 99
(Not let), Chung Tin 99
10 Yeong.
Ho A-yow & Ho Sau Yin Cho and Tsui
11 Fat. 29
A-mui.
99 ... Chun Yin Tsun and ་་
⠀⠀⠀
12
⠀⠀⠀⠀⠀⠀⠀⠀⠀
Leong A-leung.
13 "" ... Leong Yun Shan. 99
Tsang Kum and Chung
ܚܘ
14 Wong Kam. Tai. 99
Ho A-yow & Ho Fok Shing. 99
15 A-mui.
Leong Wing Kw
ong & Tam Sai Leong King Ki. Shop and House.
222
16
:
Ping.
21
99 99 99
**
17
6022
Chang Nam and Quok
*
18 21 Wong Ngan Moey. 19
Yung Luk.
19 Yam A-ching. Chiu A-sz & Chiu Sue. ""
30
20 "" Mok Chung & Chue Ng. 99
21 39 Tam Sam, (not let). .... 29
99 Tang King, (not let). 99
... ( Chau Pat Yau & Wong 99
23
2221088
1 Shing.
24 ...... Chau Shau & Chau Sam . 99
... Tong Kee. Leong Kwok She, Chinese Shop.
25 21
222
(rent charge).
Sam Kee. 92 99
⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀
26 21
2
27 21 Ching Yune. 99 99
⠀
28
(Wong Chau, Yung San, 99 (Two together).
29 22
ကာ
& Woh Sang. Chinese Shop.
:
Wing Tuck, represent
30 Chow A-oan. ative of the late R. ...... ""
:
Rozario.
31 Shin Yune & Mow Lee. Fong Attai. 99
32 Kwan Woh. 99 99
33 Yik Lec. 99 19
34 Yik Lee and Chow Sai. 99 99
35 Kut Loong. 29 99
36 Sz Hing. 99 99
37 Lai Kee. 99 99
Revd. Fr. Fer
38 Vacant. nando Sainz. 29
39 Tak Loong & Hoi On. 99 ??
1736
REFER
ENCE NO. OF NAMES LC
No. HOUSE. OF STREETS . OCCUPIERS. MORTGAGEES. DESCRIPTION
ON PLAN. OF PROPERTY.
40 158 Queen's Road West,... Inland Lot N
41 160 ai Ling Cheong and Chinese Shop.
"" "" ""
42 162 How Woh.
99 97 ... ""
......
43 164 99 op Lee. ""
Loong& Chung A-yau. ""
44 166 "" van Hing Loong &
Wong A-ho. ""
45 168 99
ng Lee & Wong A-ho. 99
46 170 "" van Hing & Tong
Kee. 97
47 172 99 ng Wah and Low
3
99
:
Sau Woo.
48 174 29 22 Not Leong,WongKwai, ( T. G. Linstead's
29
:
and Hoi Kee. 1 Executors.
49 197 99 27 ... Marine Lot Novan Ye Woh. Chinese House.
50 199 97 99 Noju Loong . Foon Che
36
3
ng and Yik Woh.
:
51 201 99 ... au Chi Pat, Chau
: 3:2 34
lang and Yik Woh. 19
52 203 99 Cheong and Shun
39
53 205 99 19 No. e Pun .
:
Cheong. 99
:
33
54 207 ...
:::
55 269 99 ... "" No'n Leong Chan. 99
Shang Tong. Chinese Shop.
56 271
6:6
99 99 ng Hing and Wong 99
:
hak.
57 273 No.1 Shang, Liu Kee,
66
27 *** ""
ling Woh and Loi 99
am.
58 275 22 ... n Shang Tong, (2
::
oors empty), Lou
ack.
59 277 "" "" .,1g Lum Tong, Tye
it, Leong Kit Lim ""
Pang Leong Kee.
60 279 99 99 ,,1g Loong, Tsing
"hoong Nam, Le
:
99 No. 1go and Lai Yuk.
61 9D Centre Street, g
remainin Cheong, Lui Tack "
62 9c 99 99 99 id Leong Chut Tye.
CARR
99
63 None. New Lane (no name ), 99 No. 9Cheong. ( Revd. Francis
ant. 97
64 166 Benit Herce.
32
Praya West, 91 99
65 166A 99 .... " 29 < Hing. 99
66 166B .... 92 99
"3 97 99 Woh Tong.
67 166c 99 ... "" 29 Woh Cheong. 97 99
68 166D 27 99 19 99
99 ,, 19
69 166E 99 99 29 Law Hin. 99
Xee. 99 19
A small piece of
70 None, Queen's Road West,... ground at the South
97 No. 1'Sailors' Home . East corner of the
compound.
71 None. Acorner of Mr. Ede's vae
The Gap, Victoria Farm Lot No. 3: ant land triangular in sha
Peak, 3 Ede, Esq. pe as per deposited plan
215,205 and 60 feet on the
sides, and 6,450 square feet
in area moreor less.
ORDINANCE No. 6 of 1883. 1737
Tramways.
Schedule E.
This suit is brought for the purpose of ascertaining the compensation to be paid
by the company for the interest of (the vendor or other assuring or releasing party) as
(name the nature of the interest) in (describe the premises required by the company)
under the provisions of the Tramways' Ordinance, 1883.
Schedule F.
Form of conviction.
Hongkong Be it remembered that , on the day of
to wit. in the year of Our Lord 18 " (A.B.) is convicted before (C.D ,) a
Magistrate for the Colony of Hongkong, (here describe the offence generally and the
time and place when and where committed) contrary to the Tramways' Ordinance, 1883.
Given under my hand and seal the day and year first above written .
C. D.
[Confirmation proclaimed 3rd November, 1883. ]
Order made by the Governor in Council on the 4th March, 1885, under the provisions
ofsection 4 ofthe Tramways Ordinance, 1883, as amended by section 2
ofthe Tramways Ordinance Amendment Ordinance, 1883.
(Gazette 7th March, 1885. )
Whereas the promoters, as defined by section 3 of the Tramways Ordinance, 1883 ,
desire and propose to grant to the Honourable PHINEAS RYRIE and ALEXANDER FINDLAY
SMITH, their executors , administrators and assigns, the right to construct and maintain
the tramway, numbered six, in the said Tramways Ordinance, 1883, and thereby authorised
to be made, and all the privileges thereby conferred, in so far as the said PHINEAS RYRIE
and ALEXANDER FINDLAY SMITH or either of them, their, or any or either of their
executors, administrators, or assigns may desire to exercise the same in respect of or
regard to the said tramway numbered six in the said Tramways Ordinance, 1883 , (but
saving and excepting unto the promoters and the survivors and survivor of them and their
and his assignees or assignee the privileges by the said Tramways Ordinance, 1883 ,
conferred in so far as the promoters or the survivors or survivor of them or their or his
assignees or assignee may desire to exercise the same in respect of or regard to the
tramways numbered 1 , 2 , 3 , 4 and 5 in the said Tramways Ordinance, 1883 ) : And whereas
the proposed grant has been submitted for the assent and approval of the Governor in
Council under the provisions of section 4 of the Tramways Ordinance, 1883, as amended
by section 2 of the Tramways Ordinance Amendment Ordinance, 1883, * and is in the [* Ord. No. 18
of1883. ]
terms following that is to say :
"This indenture made the day of one thousand eight
hundred and eighty -five between FRANCIS BULKELEY JOHNSON formerly of Victoria
in the Colony of Hongkong but who is now residing in Great Britain Esquire the
1738 ORDINANCE No. 6 CF 1883.
Tramways.
Honourable FREDERICK DAVID SASSOON of Victoria aforesaid CHARLES VINCENT
SMITH formerly of Victoria aforesaid but now of Shanghai in the Empire of China
Esquire and WILLIAM KERFOOT HUGHES of VICTORIA aforesaid Esquire (who are all
hereinafter referred to as ' the Promoters ' ) of the one part and the Honourable
PHINEAS RYRIE of Victoria aforesaid and ALEXANDER FINDLAY SMITH of Victoria
aforesaid merchant (who are both hereinafter referred to as ' the Purchasers ' ) of
the other part Whereas by the Tramways Ordinance 1883 it was amongst other things
enacted that (section 3 ) the promoters or the survivors or survivor of them should
be the promoters for the purposes of that Ordinance and were thereinafter referred
to as the promoters and that (section 4 since repealed ) when and so soon as that
Ordinance should have come into operation as thereinafter provided (but not before)
the promoters might with the assent and approval of the Governor in Council and in
manner therein mentioned assign and absolutely dispose of any one or more of the
tramways thereby authorised to be constructed and all and every the assignees or
assignee for the time being from the promoters whether a corporate body or not were
and was thereinafter included in the expression and referred to as the company and
the said reciting Ordinance more particularly mentioned and described the tramways
which were thereby authorised to be made and constructed the powers for construction
thereof the provisions for the protection of gas and water companies and of sewers
drains water-courses and subways the powers to sell lease and mortgage and the
other powers and provisions therein more particularly mentioned and set out and in
particular it was thereby enacted that (inter alia ) if the company did not within
three years after the time at which they might under that Ordinance have commenced
the construction of any one or more of the tramways thereby authorised and complete
and open the same for public traffic or if within one year after the time aforesaid the
construction of any one or more of such tramways was not in the opinion of the
Governor in Council substantially commenced the powers thereby given to the
company for constructing such tramways so not completed or commenced or otherwise
in relation thereto should cease to be exercised unless the time were prolonged by
the Governor in Council And it was thereby also enacted that (section 145) that
Ordinance should not come into operation until Her Majesty's confirmation thereof
was proclaimed by the Governor And whereas by a proclamation dated the third
November one thousand eight hundred and eighty-three, and published in the Hongkong
Government Gazette of the same date under the hand of His Excellency Sir George
FERGUSON BOWEN Knight Grand Cross of the most Distinguished Order of St.
Michael and St. George Governor and Commander-in - Chief of the Colony of Hongkong
and its Dependencies and Vice- Admiral of the same and the Seal of the said Colony
of Hongkong after reciting that a despatch had been received from the Right
Honourable the Earl of DERBY Her Majesty's Principal Secretary of State for the
Colonies conveying to him ( the said Sir GEORGE FERGUSON BOWEN ) Her Majesty's
gracious confirmation and allowance of (inter alia) the said recited Ordinance it was
by the now reciting proclamation proclaimed that ( inter alia) the said Ordinance
had been so confirmed and allowed as aforesaid And whereas by the Tramways
Ordinance Amendment Ordinance 1883 after reciting that a doubt had arisen as to
the powers conferred upon the promoters for the purposes of the Tramways Ordinance
ORDINANCE No. 6 or 1883. 1739
Tramways .
1883 under section 4 of the said Ordinance and that it was desirable to remove such
doubt it was enacted that (section 2 ) the Tramways Ordinance 1883 was thereby
amended by repealing section 4 and by inserting in lieu thereof the section following.
" 4. The promoters may with the assent and approval of the Governor in
Council grant the right to construct and maintain any one or more of the tram
ways hereby authorized to be made and all or any of the privileges hereby con
ferred without receiving any valuable consideration therefor or for any con
sideration that the promoters may think fit to accept to such persons or person
corporation or company and with under and subject to such terms and conditions
in all respects as the promoters shall think fit and may with the approval of the
Governor in Council upon failure of any of the terms and conditions contained
in the original or any subsequent grant if thereunto authorized by the terms of
such original or subsequent grant revoke the same and re-grant all or any such
rights and privileges and so much of any tramway as may be constructed upon
such terms and conditions as to them shall seem fit and all and every the assignees
or assigne for the time being from the promoters whether a corporate body or not
are and is hereinafter included in the expression and referred to as the company
And it was also enacted that (section 3 ) that Ordinance should commence and
take effect on the first January, one thousand eight hundred and eighty-four And
whereas on the eighth October one thousand eight hundred and eighty-four (the
construction of any one or more of the said tramways not having been then substan
tially commenced) an application was made to the Governor in Council for an ex
tension of the time allowed by the said Tramways Ordinance 1883 for the substantial
commencement of the construction of all the tramways authorized by the Ordinance
in the words and figures following that is to say
" T., 35 Queen's Road Hongkong 8th October 1884 Sir By the Tramways
Ordinance 1883 section 26 it is provided that if within one year after the time
at which the company might under that Ordinance have commenced the con
struction of any one or more of the tramways the construction of any one or more
of such tramways is not in the opinion of the Governor in Council substantially
commenced the powers thereby given to the company for constructing such
tramways so not commenced or otherwise in relation thereto shall cease to be
exercised unless the time be prolonged by the Governor in Council section 145
enacted that the Ordinance was not to come into operation until Her Majesty's
confirmation was proclaimed by the Governor This confirmation was pro
claimed on the 3rd November 1883 consequently the first year of the concession
has nearly expired On the 29th July last a company was duly formed and
registered for the purpose of acquiring and taking over with the assent and
approval of the Governor in Council from the four promoters named in the
Ordinance the right to construct and maintain all or any of the tramways num
bered 1 2 3 4 and 5 in the Ordinance and all the privileges thereby conferred in
so far as the company might desire to exercise the same in respect of the said
tramways numbered 1 2 3 4 and 5 (but saving and excepting unto the said four
promoters the said privileges in so far as they might desire to exercise the same
1740 ORDINANCE No. 6 OF 1883 .
Tramways.
in respect of the tramway numbered six in the said Ordinance) without paying
any valuable consideration therefor and upon such terms and conditions as the
said four promoters should think fit The capital of the company was $500,000
divided into 10,000 shares of $50 each The company was duly advertised and
subscriptions for shares invited up to the end of the month of September last
The amount of subscriptions however did not come up to the company's
expectations and was not sufficient to float the company successfully The causes
of this are not far to seek They arise no doubt from the present state of affairs
between France and China and the deplorable depression of trade which is now
existing In fact there could probably be no worse time than the present for
floating the undertaking Under these circumstances we are requested to apply
on behalf of the company for the consent of the Governor in Council to the
extension for the period of 12 calendar months of the time allowed by the
Ordinance for the substantial commencement of the construction of all the
tramways authorized by the Ordinance We have the honour to be Sir Your
obedient servants -BRERETON WOTTON & DEACON The Honourable FREderick
STEWART LL.D., Acting Colonial Secretary ' "
" And whereas to the said application a reply was received in the words and
figures following that is to say
" No. 1434 Colonial Secretary's Office Hongkong 13th October 1884
Gentlemen I have the honour by direction of His Excellency the Officer Ad
ministering the Government to acknowledge the receipt of your letter of the
8th instant applying on behalf of the tramways company for permission to ex
tend to 12 months the time for commencing the construction of all the tramways
authorized by Ordinance 6 of 1883 In reply I am to inform you that the
Governor in Council has been pleased to grant your application I have the
honour to be Gentlemen Your most obedient servant - FREDERICK STEWART
Acting Colonial Secretary Messrs. BRERETON WOTTON & DEACON"
" And whereas the purchasers lately applied to the promoters to grant to them the
right to construct and maintain the tramway numbered six in the said Tramways
Ordinance 1883 and thereby authorized to be made and all the privileges thereby
conferred in so far as the purchasers might desire to exercise the same in respect
of or regard to the said tramway numbered six (but saving and excepting unto the
promoters and the survivors and survivor of them and their and his assignees or
assignee the privileges by the said Tramways Ordinance 1883 conferred in so far as
the promoters or the survivors or survivor of them or their
• or his assignees or assignee
might desire to exercise the same in respect of or regard to the tramways numbered
1 2 3 4 and 5 in the said Ordinance) at or for the sum of two thousand dollars
which the promoters (subject to the assent and approval of the Governor in Council
being obtained) agreed to do AND WHEREAS on the 26th January last an application
on behalf of the promoters and of the purchasers was made to the Governor in
Council in the words and figures following that is to say
" T. , 35 Queen's Road Hongkong 26th January 1885 Sir We have the
pleasure to inform His Excellency that the promoters of the tramways author-
ORDINANCE No. 6 of 1883. 1741
Tramways .
ized to be made by the Tramways Ordinance 1883 propose forthwith to assign
to the Honourable PHINEAS RYRIE and Mr. ALEXANDER FINDLAY SMITH of
this City the Peak tramway and all the privileges to it belonging to which
assignment the assent and approval of the Governor in Council is by the Tram
ways Ordinance Amendment Ordinance 1883 required to be obtained before the
assignment can be effectuated On behalf of the promoters we have the honour
now to apply (in the terms of the accompanying draft Order in Council) for
such assent and approval and beg to state that it is framed on lines in all res
pects similar to those on which the former draft Order in Council relating to
the low level tramways was framed and which draft order was approved of by
the Governor in Council As will no doubt be remembered on the 8th October
1884 we applied on behalf of the proposed tramway company for the consent of
the Governor in Council to the extension of the time for substantially com
mencing the construction of all the tramways which consent was granted
That consent having been granted to the company Messrs. RYRIE and SMITH
now request us to apply on their behalf for the formal assent of the Governor
in Council to the extension for the period of 12 calendar months of the time
allowed by the Tramway Ordinance 1883 for the substantial commencement of
the construction of the tramway numbered six in the Ordinance being the Peak
line and we beg to apply for such consent accordingly If it is granted the
enclosed draft Order in Council will require some small verbal amendment
which we should be happy to effect if so desired We have the honour to be
Sir your obedient servants WOTTON & DEACON The Honourable W. H. MARSH
C.M.G., Colonial Secretary.""
" And whereas to the said application a reply was received in the words and figures
-
following that is to say :
666
"No. 141 Colonial Secretary's Office Hongkong 11th February 1885
Gentlemen In reply to your letter of the 26th ultimo I am directed to inform
you that the Governor in Council has been pleased to assent and approve of the
assignment by the promoters of the tramways authorised by Ordinance 6 of
1883 to Messrs. P. RYRIE and A. FINDLAY SMITH of the privilege of construct
ing tramway number six (Peak Line) The Governor in Council has also been
pleased to approve of the extension for the period of 12 calendar months of the
time allowed by the Tramways Ordinance 1883 for the substantial commence
ment of the construction of this tramway As requested I am to return herewith
the draft Order in Council for the necessary amendment as suggested by you I
am to add that the extension of time granted in the letter from this office No.
1434 of the 13th October last is so far as the construction of tramway number
six is concerned hereby revoked I have the honour to be Gentlemen your
most obedient servant-W . H. MARSH Colonial Secretary Messrs. WOTTON &
DEACON'"
“ And whereas the said assent and approval of the Governor in Council to the grant
hereby made has now been duly given by a formal Order in Council Now This
Indenture Witnesseth that in pursuance of the said agreement and in consideration
1742 ORDINANCE No. 6 of 1883 .
Tramways.
of the sum of two thousand dollars to the promoters now paid in equal proportions
by the purchasers (the receipt whereof the promoters do and each of them doth
hereby acknowledge) they the promoters do and each of them doth hereby grant to
the purchasers their executors administrators and assigns all that the right to construct
and maintain the said tramway numbered six in the said Tramways Ordinance 1883
and thereby authorised to be made and all the privileges thereby conferred in so far
as the purchasers or either of them their or any or either of their executors adminis
trators or assigns may desire to exercise the same in respect of or regard to the said
tramway numbered six (but saving and excepting unto the promoters and the sur
vivors and survivor of them and their and his assignees or assignee the privileges
by the said Tramways Ordinance 1883 couferred in so far as the promoters or the
survivors or survivor of them or their or his assignees or assignee may desire to
exercise the same in respect of or regard to the tramways numbered 1 2 3 4 and 5
in the said Tramways Ordinance 1883 ) to have and to hold the said premises hereby
granted unto the purchasers their executors administrators and assigns in equal
undivided moieties as tenants in common and not as joint tenants for all the estate
and interest of the promoters and each of them therein And each of them the
promoters doth hereby for himself his heirs exccutors and administrators covenant
with each of them the purchasers his executors administrators and assigns respect
ively that notwithstanding anything by them the said respective covenanting parties
respectively done omitted or knowingly suffered they the promoters now have power
to grant all the said premises hereinbefore granted in manner aforesaid free from
incumbrances And that all the said premises may be quietly entered into and held
and enjoyed by the purchasers and each of them their and each and every of their
executors administrators and assigns without any interruption by the promoters or
any person claiming through or in trust for them or any or either of them And that
they the promoters and the survivors or survivor of them and every person lawfully
claiming through or in trust for them or him will at all times at the cost of the
purchasers or one of them their or some or one of their executors administrators or
assigns execute and do all such assurances and things for further or better assuring
all or any of the said premises unto the purchasers their executors administrators
and assigns as by them shall be reasonably required In witness whereof the said
parties hereto have hereunto set their hands and seals the day and year first above
written Received the day and year first above written of and from the above named
PHINEAS RYRIE and ALEXANDER FINDLAY SMITH the sum of two thousand dollars
being the consideration money above expressed to be paid by them to us"
Now, it is ordered that the assent and approval of the Governor in Council be given
and such assent and approval is hereby given to the said proposed grant.
Notification by the Governor in Council under section 25 of the Tramways
Ordinance, 1883, made and gazetted 26th May, 1888.
Whereas the Surveyor General has certified that the tramway described as tramway
No. 6 in section 5 of The Tramways Ordinance, 1883, is fit for public traffic, it is hereby
ORDINANCE No. 6 OF 1883. 1743
Tramways.
notified that the same is authorised , and the same is hereby authorised to be opened for
such traffic .
K
NOTE. The tramway was closed to public traffic from the end ofMay to the 26th July,
1889, owing to repairs necessitated by storm damage .
Notification by the Governor in Council under section 25 ofthe Tramways
Ordinance, 1883, made and gazetted 26th July, 1889.
Whereas the Surveyor General has certified that the tramway described as tramway
No. 6 in section 5 of the Tramways Ordinance, 1883, is fit for public traffic, it is hereby
notified that the same is authorised , and the same is hereby authorised to be opened for
such traffic.
Regulations made the 16th day of December, 1889, by the Governor
in Council, under the Tramways Ordinance, 1883, section 42,
gazetted the 21st December, 1889.
1. These regulations shall apply to the high level tramway described as tramway Application.
No. 6 in The Tramways Ordinance 1883 and the expression the company shall mean
the Hongkong High Level Tramways Company Limited .
2. No passenger carriage of the company now in use shall carry at one time more Number of
passengers to be
than forty passengers, but in reckoning the number of passengers two children under the carried on tram
car.
age of 12 years not in arms shall count as one passenger and babies in arms and the
servants of the company not exceeding two in number actually employed on any such
carriage shall not be included.
3. The weight of any luggage goods or merchandize of any description whatever Luggage, only to
be carried on
conveyed by any passenger carriage together with the weight of the passengers in such passenger car,
under certain
carriage (who for this purpose shall be held to weigh 140lbs . each) shall not exceed 2 conditions.
tons . Nor shall any luggage goods or merchandize be conveyed in any truck or waggon
attached to any passenger carriage.
4. Except at the terminus at St. John's Place and at Victoria Gap, no carriage No stoppage for
passengers
shall stop at any place nor shall any place be used for the purpose of taking up or except at
authorised
depositing passengers unless such place has been certified by the Surveyor General as stations.
safe and suitable for the purpose, and any such place when so certified shall be kept and
maintained by the company in constant good order and condition.
1744 ORDINANCE No. 6 OF 1883.
Tramways.
Watchmen to be
employed to 5. The company shall keep one or more competent watchmen employed at all times
prevent obstruc
tions. when the carriages are running to prevent any stones dirt wood refuse or other materials
or any obstruction from being placed on the permanent way and rails and to remove any
such materials or obstructions therefrom .
Time ofinspec 6. The carriages trucks and waggons of the company and the machinery therein
tionand testing
of carriages &c., now in use shall hereafter be inspected and tested by the Surveyor General or any officer
of machinery &c.
or officers appointed for the purpose by the Governor in Council in the month of January
and the month of June in every year and the engines ropes and other machinery of the
tramway shall be also inspected and tested as aforesaid in the month of June in
every year.
Notice of altera 7. The company shall give one month's notice in writing to the Surveyor General
tions or changes
in machinery &c. of every intended change or alteration of or in any engine or carriage used on the said
tramway or any machinery therein or of or in the permanent way and rails and the
Surveyor General may if he think fit require the same to be tested and may where the
circumstances of the case permit allow any such change or alteration to be made prior to
the expiration of such notice as aforesaid.
Velocity of 8. No carriage truck or waggon shall travel at a greater speed than 8 miles an
carriages.
hour and the company shall as soon as practicable and not later than six months from
the date of these regulations fix and maintain on every carriage truck or waggon in use
on the line an automatic brake for the purpose of regulating the speed thereof.
Penalty for 9. Every breach of any of these regulations shall be an offence against the said
breach of regula
tions. Ordinance and shall render the company liable to a penalty not exceeding $ 10 and for
any continuing offence to a penalty not exceeding $5 for every day during which the
offence continues .
Additional regulation made by the Governor in Council, under the provisions
of section 42 of Crdinance No. 6 of 1883, the 26th June, 1890.
(Gazette 5th July, 1890.)
Regulation No. 8 of the 16th day of December, 1889, is hereby annulled and in lieu
thereof the following regulation shall be substituted :
" No carriage truck or waggon shall travel at a greater speed than 8 miles an hour
and the company shall as soon as practicable and not later than six months from the
date of these regulations fix and maintain a proper brake or brakes for the purpose of
regulating the speed thereof. Such brake shall be deemed a proper brake when certified
by the Surveyor General as in his opinion suitable and sufficient."
ORDINANCE No. 7 OF 1883 . 1745
Order and Cleanliness.
No. 7 of 1883 .
An Ordinance entitled The Order and Cleanliness Amendment Ordinance,
1883 .
[ 13th June, 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BⓇ Council thereof, as follows :
1. Sections 10 , 13, 14, and 15 of Ordinance 9 of 1867, are hereby repealed, but Repeal.
such repeal shall not affect the validity or invalidity of anything done or suffered before
the passing of this Ordinance.
2. The Governor may constitute a permanent Sanitary Board to exercise super Sanitary Board.
vision and control over all matters connected with sanitation in the Colony .
The Board shall consist of the Surveyor General, the Registrar General and the Members of the
Board.
Colonial Surgeon for the time being, and of such other members not less than two in
number as the Governor may from time to time appoint. The Governor may at his
discretion remove any member so appointed.
The Governor may from time to time appoint and at pleasure remove a sanitary Appointment of
officers .
inspector and inspector of nuisances and such officers as the Board may require for the
purpose of carrying out the duties of the Board and the laws relating to sanitation.
Subject to the approval of the Governor in Council, the Board may make and Rules.
when made, revoke, add to, or alter rules for its own procedure and for the guidance
and conduct of its officers.
3. If any member of the Sanitary Board, or any two resident medical practitioners Overcrowded.
houses.
shall certify to a Magistrate that any house is so overcrowded or is in such a filthy and
unwholesome state as to be dangerous or injurious to the public health, the Magistrate
shall issue a summous against the householder as defined by the Victoria Registration
Ordinance, 1866, or his agent, by notice affixed to the house, to appear before the said
Magistrate who shall thereupon make such order as he may think fit ; and in case any
order so made shall not be complied with by such householder or agent, within 7 days
from the making thereof, the said Magistrate may thereupon impose on the person so
refusing or neglecting to obey the said order, a fine not exceeding $ 50, and in default
of payment, the person so refusing or neglecting to obey the said order may be im
prisoned for any term not exceeding 3 months .
4. If any inspector of nuisances or any other person reports to the Sanitary Board Power to enter
house.
concerning any house or tenement that he has reason to believe :
(a.) that such house or tenement or any of the arrangements therein or con
nected therewith are in such an unwholesome or defective state as to
be or to be likely to become a source of danger to the inhabitants or
neighbours, or
1746 ORDINANCE No. 7 OF 1883.
Order and Cleanliness.
(b.) that the sanitary conditions prescribed by or under authority of law are
not fulfilled in respect of the said house or tenement or of any of the
arrangements therein,
the Sanitary Board may in its discretion by order in writing authorize an inspector of
nuisances to enter such house or tenement and inspect the condition of the same.
The inspector of nuisances shall on demand produce and show the order to any
person being or claiming to be the occupier of such house or tenement .
Any person refusing to permit the inspector of nuisances so duly authorized to
enter and inspect any house or tenement shall on conviction thereof before a Magistrate
be liable to a fine not exceeding $ 10 or in default of payment to imprisonment for any
term not exceeding 14 days.
Removal of 5. Where any person is suffering from small-pox or any other contagious or in
person suffering
from small-pox,
& c. fectious disease and is without proper lodging or accommodation or is lodged in a
tenement occupied by more than one family or is on board any ship or vessel a Magis
trate may on the certificate of the Colonial Surgeon or any other duly qualified med
ical practitioner order the removal of such person to such suitable hospital or other like
place as may be provided for the purpose.
Disinfecting 6. Where any tenement has been occupied by any person affected with small-pox
premises.
or other infectious or contagious disease, the Colonial Surgeon may give notice in
writing to the owner or occupier to disinfect and purify such tenement, in such manner
and within such time as the Colonial Surgeon may direct, and if the person to whom
notice is so given fails to comply therewith, he shall be liable on conviction thereof
before a Magistrate to such fine as will in the opinion of the Magistrate suffice to cover
the expense of disinfecting and purifying such tenement, which fine shall be paid over
to the Sanitary Board for the purposes of this Ordinance, and to a further penalty not
exceeding $5 for every day during which he continues to make default, and the Colonial
Surgeon may cause such tenement to be disinfected and purified .
Power to remove 7. In case of emergency the Sanitary Board may order the immediate removal of
noxious accu
mulation, &c.
any noxious accumulation and the closing up of such wells, cess- pools or drains, in
any tenement, as in their opinion may be immediately injurious to the public health,
and the cost incurred shall be chargeable either to the occupants of such tenements, or
to the public as the Board shall decide.
Erection of 8. No person shall, after the passing of this Ordinance, erect a water-closet within
water-closets.
his tenement, or connect such water-closet by means of a connection-drain with any
public or private sewer, without the written permission of the Sanitary Board.
Night soil and 9. All night-soil and urine shall vest in and become the absolute property of the
urine the pro
perty ofthe Government night- soil contractors for the time being and the disposal of it shall be
night-soil con
tractors.
subject to regulations to be made under this Ordinance. Provided, that the licensees
of public latrines shall still be at liberty to dispose of the night-soil from latrines
existing at the time of the passing of this Ordinance under the regulations in force at
ORDINANCE No. 7 OF 1883. 1747
Order and Cleanliness.
the time of the passing of this Ordinance, and that the owners of gardens in villages,
may use on their own lands the waste products of their tenements if conveyed according
to such regulations .
10. All householders within the City of Victoria shall provide themselves with Householders to
provide dust
suitable dust-boxes in accordance with a pattern deposited for the inspection of the boxes.
public, at the District Police Stations in the city, and all the day's house- sweepings,
ashes, offal, and refuse, shall be deposited in the dust-box, and in no place or recept
acle other than the dust-box which shall be at all times maintained in due repair by
the owner.
11. The keeping of pigs, goats, or cattle without a licence from the Sanitary Keeping pigs, &c
Board is hereby prohibited, and any person keeping such animals, either without a
licence from the Sanitary Board or in a manner contravening such sanitary conditions
as may be endorsed on such licence, shall be liable on conviction before a Magistrate
to a fine not exceeding $5, and in default of payment to imprisonment for any term
not exceeding 14 days, and to forfeit all animals in respect of the keeping of which he
has so offended .
12. The Governor in Council may from time to time make and when made, revoke, Governor in
Conncil may
add to , or alter regulations for the carrying out of all laws relating to sanitation and make regula
tions.
especially for the better removal by householders and public contractors, of night- soil ,
urine, dust, rubbish or filth collected or deposited or remaining on any tenement and
may by such regulations affix penalties not exceeding in any case $ 100 or imprison
ment with or without hard labour for 3 months for the breach of any such regulations
to be recovered on summary conviction of the offender before a Magistrate.
13. This Ordinance shall come into operation on a day to be proclaimed by the Date of coming
into operation.
Governor.
In force from the 13th June, 1883, under proclamation of same date. Repealed by
Ordinance, No. 24 of 1887. ]
NOTE. For repealed regulation as to small-pox of the 17th December, 1887, see Gazette
of same date.
For Order in Council repealing above regulation of the 15th January, 1889,
see Gazette 26th of same month.
See also Ordinance No. 24 of 1887 sec. 2.
1748 ORDINANCES Nos. 8 AND 9 OF 1883 .
Excise ( Opium). Merchant Shipping Consolidation.
No. 8 of 1883 .
An Ordinance entitled The Excise Ordinances (Opium) 1858-1879 Amend
ment Ordinance 1883, (No. 2) .
[ 20th July, 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
B' Council thereof, as follows : --
Certain provi 1. Except as hereinafter provided , all the provisions of the Excise Ordinances
sions of the
Excise Ordi (Opium) 1858-1883 as to searches, arrest, possession , the seizure and disposal of
nances (Opium)
1858-1883 to
apply to dross opium, utensils, vessels, or implements used for preparing the same, and the disposal
opium .
thereof, penalties and their division, and rewards to informers, shall apply, so far as
circumstances will admit, in relation to all cases of possession of, preparing, or dealing
in dross opium without authority from the person licensed by the Governor in Council
to have the exclusive privilege of dealing in and preparing dross opium.
Sec. 7 of Ordi 2. The provisions of section 7 of Ordinance No. 2 of 1858 shall not apply to
nance 2 of1858
not to apply to sales of dross opium .
dros opium .
[ Repealed by Ordinance No. 1 of 1884.]
No. 9 of 1883 .
An Ordinance entitled The Merchant Shipping Consolidation
Ordinance, 1879, Amendment Ordinance, 1883.
[ 20th July, 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
Sec. 25 of 1. Ordinance 8 of 1879 is hereby amended by striking out the words
Ordinance 8
of 1879 ―――――――
of section 25 and substituting in place thereof the words :
amended .
Governor in " The Governor in Council may from time to time make ,
Council may
make quaran " and when made, revoke, add to, or alter such regulations as
tine regula
tions. "the Governor in Council may deem necessary for maintaining
"and enforcing an effectual quarantine in the ports and waters
66
of the Colony, and for the setting apart of suitable places in
" available situations for quarantine stations , and providing for
"the detention and seclusion in such places of persons arriving
"on board vessels subjected to quarantine ."
ORDINANCE No. 9 OF 1883 . 1719
Merchant Shipping Consolidation.
" Any person offending against any such regulations shall Penalty for
breach of
" be liable on summary conviction before a Police Magistrate quarantine
regulations :
" to a penalty not exceeding $ 2,000 , or to imprisonment with and powers of
Police to
" or without hard labour for any term not exceeding 12 months , arrest, &c.
" or at the discretion of the Police Magistrate to both penalty
" and imprisonment, and the Captain Superintendent of Police,
" and any officers that he may appoint for the purpose of en
" forcing quarantine, shall have the same powers to prevent
"the commission of breaches of such regulations and to arrest ,
"recapture, or detain offenders against them as may be used
66
' by any person for the prevention of any felony , or the arrest ,
66 recapture, or detention of a felon ."
2. Ordinance 16 of 1882 is hereby repealed , provided that such Repeal.
repeal shall not affect the past operation of the said Ordinance , or any
thing done or suffered thereunder, or any liability or punishment in
respect thereof.
Regulations made by the Governor in Council under the provisions ofsection
1 of Ordinance 9 of 1883, the 30th day of July, 1886.
Gazette 31st July, 1886.
1. All previous regulations made under the provisions of section 1 of Ordinance 9 of
1883 are hereby revoked.
2. In these regulations the term Health Officer means the Health Officer of the port
or any other medical officer duly authorized to act for, or assist him ; the term Vessels
includes steamers, sailing vessels, junks, and lorchas, and British and Foreign ships of
War, as well as merchant vessels of all kinds ; the term port or place at which any in
fectious or contagious disease prevailed means a port or place proclaimed to be such by
order of the Governor in Council published in the Gazette from the date of such procla
mation.
3. Every vessel arriving in the waters of this Colony
(a.) After a voyage of less than 3 days from any port or place at which any
infectious or contagious disease prevailed at the time of such vessel's
departure therefrom ; or
(b.) Having at the time of arrival, or having had, during the voyage, any case
of any infectious or contagious disease on board ; or
(c.) Having on board any passengers who are less than 3 days from any port
or place where any infectious or contagious disease prevailed when such
passengers departed therefrom,
1750 ORDINANCE No. 9 OF 1883 .
Merchant Shipping Consolidation.
shall immediately on entering the waters of the Colony fly the quarantine flag, and shall
keep the same flying, and shall be deemed to be in quarantine until released therefrom by
express written order of the Health Officer, who shall, in every case, board and examine
all the passengers and crew of such vessel.
The quarantine flag shall be a flag of yellow colour (letter Q in International Code
of Signals) hoisted at the highest mast-head forward.
No such vessel shall enter the waters of the Colony before 6 A.M. or after 7 P.M.
4. Every vessel in quarantine shall proceed to the quarantine anchorage, and shall
not remove therefrom , except from stress of weather, until released from quarantine by
order of the Health Officer. No vessel having to leave the quarantine anchorage from
stress of weather shall communicate with the shore, or with any ship, and such vessel
shall return to the quarantine anchorage immediately such stress of weather has subsided .
Provided that in case of stress of weather involving probable actual danger to the vessel ,
the vessel may remove for a time, but shall be deemed nevertheless for all purposes to be
in quarantine, and subject to all other regulations applicable to such vessels.
5. The quarantine anchorage shall be within the following boundaries, and the
master of every vessel shall remove his vessel to any part of the quarantine anchorage as
and when required by the Harbour Master : -
Western Boundary. -A line drawn from the west side of Stone Cutters' Island to
west side of Green Island (on Admiralty Chart marked as harbour boundary) .
Southern Boundary. —That part of a line having the Naval Coal Sheds at Kaulung
bearing E. by S., commencing where it meets the eastern boundary, and terminating
where it meets the western boundary.
Eastern Boundary.— A south line drawn from a white mark on south side of Stone
Cutters' Island until it reaches the southern boundary.
Northern Boundary. - Five fathom line of soundings .
The place hereafter described , as follows, is hereby set apart to be a Lazaretto,
namely :
That part of the northern shore of Stone Cutters' Island which is bounded and
contained by a line of yellow posts.
6. The master or other person having the control of any vessel in quarantine shall
give the Health Officer or boarding officer such information about the vessel and the
voyage and the health of the crew and passengers and otherwise as the Health Officer or
boarding officer may require, and shall answer truly and fully all questions put to him by
the Health Officer or boarding officer..
7. The Health Officer may order the removal of such persons as he thinks fit from
any vessel in quarantine to the Lazaretto, and the master of any vessel from which such
persons are ordered to be removed shall conduct their removal according to the orders of
the Health Officer.
8. No vessel in quarantine shall be released from quarantine except by the express
written order of the Health Officer, nor until such precautions, by way of burning clothing ,
or fumigating, or otherwise, as may be ordered by the Health Officer, have been carried
out.
ORDINANCE No. 9 OF 1883 . 1751
Merchant Shipping Consolidation.
If the vessel arrives from a port or place where cholera or choleraic diarrhoea
prevailed at the time of its departure, or if there has been any case of any such disease
on board the vessel, or any death therefrom, the vessel shall not be released from
quarantine until 3 clear days have elapsed since the date of the vessel's departure from
such port or place, or since any person was suffering from or died from any such disease
on board such vessel, as the case may be.
9. If any vessel in the waters of this Colony is known to have any case of any
infectious or contagious disease on board, or is a vessel which in the opinion of the
Health Officer ought according to these regulations to be in quarantine , the Health Officer
may order such vessel into quarantine, and the master or person in charge of such vessel
shall thereupon hoist the quarantine flag upon such vessel and remove the vessel to the
quarantine anchorage, and all the regulations applicable in relation to vessels in quarantine
shall apply to such vessel .
10. In case of a death happening on board any vessel in quarantine, or ordered into
quarantine, or in the Lazaretto, the body shall be disposed of in such manner as may be
ordered by the Health Officer ; and the master of the vessel shall carry out such orders
as the Health Officer may give him in relation to the disposal of the body.
11. When any quarantined vessel is in the waters of the Colony, no person shall
leave the vessel, or hold communication from the vessel with the shore, or with any other
vessel or boat, or take or send any person or thing whatever out of the vessel, until the
express written permission of the Health Officer has been communicated to the master
or other person having the control of the vessel, and such precautions as the Health
Officer may require have been observed.
12. When any vessel is in quarantine, no person other than the Health Officer or
persons in his boat shall approach within 30 yards of such vessel, or hold any communi
cation with such vessel, or with any person on board of it, or receive or take any person
or thing whatever directly or indirectly from the vessel or from any person on board of
it, without having first received the express written permission of the Health Officer,
and observing such precautions as the Health Officer may require.
13. No person placed in the Lazaretto shall leave the same, or hold communication
with any vessel or boat, or take or send any person or thing whatever out of the Laz
aretto without having first received the express written permission of the Health Officer,
and observing such precautions as the Health Officer may require.
14. No person other than the Health Officer, or persons expressly deputed by him,
shall enter the Lazaretto or approach within 30 yards of the boundaries thereof, or hold
communication with the Lazaretto or with any person in it, or receive or take anything
whatever directly or indirectly from the Lazaretto or from any person in it without
having first received the express written permission of the Health Officer, and observing
such precautions as the Health Officer may require.
15. The Captain Superintendent of Police, and any officers that he may appoint for
the purpose of enforcing quarantine, may order any person leaving or coming from any
vessel that is in quarantine or from the Lazaretto, or taking or sending any person or
1752 ORDINANCES Nos. 9 AND 10 OF 1883 .
Merchant Shipping Consolidation. French Mail Steamers.
thing whatever from any such vessel or Lazaretto to remain in or return to, and to
return such persons or things to such vessel or Lazaretto, and may by such necessary
force as the case requires compel any person neglecting or refusing to observe such order
to obey the same.
16. The above regulations shall not in any way interfere with the internal manage
ment of any of Her Majesty's Ships, or of Foreign Ships of War, or with their freedom to
procced to sea, whenever the officer in command may deem such course requisite.
17. Where any breach of any of the above regulations is committed, all the persons
assisting in any way in the commission of such breach and the master or other person
having the control of any vessel or boat on board of which such breach has been com
mitted, or which has been in any way engaged in the commission of such breach shall be
severally answerable for such breach , and shall be deemed guilty of the same.
NOTE . The following for superseded, repealed or revoked regulations were made under the
Ordinance :
Regulations under section 25 of Ord. No. 8 of 1879 as amended by Ord. No. 9 of
1883, of the 20th July, 1883. (See Gazette 21st of same month.)
Regulations under sec. 1 of Ordinance No. 9 of 1883 of the 14th Sept. , 1883 .
(See Gazette 15th of the same month.)
Regulations under sec. 1 of the same Ordinance of the 6th August, 1884.
(See Gazette of same date.)
Regulations under sec. 1 of the same Ordinance of the 23rd June, 1885.
(See Gazette 27th of the same month.)
Regulations under sec. 1 of the same Ordinance of 3rd March, 1886. (See
Gazette 6th of the same month.)
No. 10 of 1883 .
An Ordinance entitled The French Mail Steamers Ordinance continuation
Ordinance, 1883.
[ 3rd August, 1883. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
BR Council thereof, as follows :
1. Ordinance 6 of 1880 , entitled An Ordinance to make temporary provision for
securing the status of French Mail Steamers within the ports of the Colony of Hongkong, shall
continue in force until the first of September, 1884 , inclusive .
[ Repealed by Ordinance No. 4 of 1887.]
ORDINANCE No. 11 of 1883 . 1753
Revenue.
No. 11 of 1883.
An Ordinance to authorize the Appropriation of a Supplementary Sum
of One hundred and Thirty- two thousand Two hundred and Seventy
three Dollars and Five Cents to defray the Charges of the Year
1882 .
[ 8th August, 1883. ]
HEREAS it has become necessary to make further provision for the public
WHEservice of the Colony for the year 1882 , in addition to the charge upon the
revenue for the service of the said year already provided for. Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. A sum of one hundred and thirty-two thousand two hundred and seventy-three Supplementary
Estiinates 1882.
dollars and five cents is hereby charged upon the revenue of this Colony for the service
of the year 1882 , the said sum so charged being expended as hereinafter specified ; that
is to say:-
ESTABLISHMENTS :
Governor, .... $ 813.24
Colonial Secretary, 3,286.86
Auditor General, 3,376.55
Registrar General, .... 198.52
Collector of Stamp Revenue, 55.30
Ecclesiastical, 2.00
Medical, 858.93
Gaol, .... 767.94
$ 9,359.34
SERVICES EXCLUSIVE OF ESTABLISHMENTS : —
$
Colonial Secretary,……………. 35.08
Educational , 1,778.51
Medical,. 4,269.28
Police, 4,590.25
......
Gaols, ... 817.02
Fire Brigade, 2,657.45
Works and Buildings, 72,499.53
Roads, Streets and Bridges, ...... 5,980.47
Miscellaneous Services,. 25,061.60
Land and Houses Purchased , ...
………. 2,600.00
Military Expenditure, 2,624.52
$ 122,913.71
TOTAL,..... $ 132,273.05
[ Repealed by Ordinance No. 4 of 1887.]
1754 ORDINANCE No. 12 OF 1883.
Revenue.
No. 12 of 1883.
An Ordinance to apply a sum not exceeding One million and Fifty-one
thousand, One hundred and Eighty - seven Dollars to the Public
Service of the Year 1884 .
[ 8th August, 1883. ]
HEREAS the expenditure required for the service of this Colony for the year
WE 1884 has been estimated at the sum of one million and fifty- one thousand,
one hundred and eighty- seven dollars : Be it enacted by the Governor of Hongkong,
with the advice of the Legislative Council thereof, as follows :
1 A sum not exceeding one million and fifty-one thousand , one hundred and
eighty-seven dollars shall be, and the same is hereby charged upon the revenue of
this Colony for the service of the year 1884, and the said sum so charged may be expended
as hereinafter specified ; that is to say :
ESTABLISHMENTS : —
Governor, ... $ 8,758
Colonial Secretary, ……………. 11,312
Audit Office, . 4,518
Colonial Treasurer,. 4,750
Clerk of Councils , 100
Surveyor General, 45,153
Postmaster General, 26,928
Registrar General,....... 16,072
Harbour Master, 39,278
Lighthouses, 7,508
Observatory, ...... 5,796
Collector of Stamp Revenue, . 4,702
Government Gardens and Plantations, 6,890
Judicial, ..... 37,045
Ecclesiastical,..... 1,158
Educational , .... 27,727
Medical, ....... 16,326
Police Magistrates, 7,759
Police, ....... 150,074
Gaol, ......... 26,784
Fire Brigade......... 9,606
$458,244
ORDINANCES Nos. 12 AND 13 OF 1883. 1755
Revenue. Naturalization.
Brought forward,. $458,244
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, $ 11,552
Surveyor General, ...... 2,160
Postmaster General, 119,000
Registrar General, 25
Harbour Master , 7,200
Government Gardens and Plantations, ..... 15,800
Judicial, ...... 860
Ecclesiastical , 500
Educational, 16,892
Medical *****. 15,028
Police Magistrates, 390
Police, ...... 41,774
Gaol, 21,720
Fire Brigade , ....... 5,800
Charitable Allowances,... 4,000
Transport, .. 4,500
Works and Buildings,. 117,500
Roads, Streets , and Bridges, 41,500
Miscellaneous Services, 53,997
Military Contribution, ..... 112,745
$592,943
GRAND TOTAL , ………….. ..$ 1,051,187
[ Repealed by Ordinance No. 4 of 1887.]
No. 13 of 1883 .
An Ordinance for the naturalization of LAI FONG.
[ 28th December , 1883. ]
HEREAS LAI FONG , has petitioned to be naturalized as a British
W
subject within the limits of the Colony , and whereas it is
expedient that he should be so naturalized ; Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows :
1756 ORDINANCES Nos . 13 , 14 AND 15 OF 1883.
Naturalization.
Naturaliza LAI FONG, shall be, and he is hereby naturalized a British subject
tion of
LAI FONG. within this Colony, and shall enjoy within this Colony, but not
elsewhere, all the rights, advantages and privileges of a British subject,
on his taking the oath of allegiance under the provisions of the Promissory
Oaths Ordinance , 1869 .
No. 14 of 1883 .
An Ordinance for the naturalization of JANUARIO ANTONIO DE
CARVALHO .
[ 28th December, 1883. ]
HEREAS JANUARIO ANTONIO DE CARVALHO has petitioned to be
naturalized as a British subject within the limits of this Colony ,
and whereas it is expedient that he should be so naturalized ; Be it enacted
by the Governor of Hongkong, with the advice of the Legislative Council
---
thereof, as follows :
Naturaliza JANUARIO ANTONIO DE CARVALHO , shall be, and he is hereby natural
tion of
JANUARIO ized a British subject within this Colony, and shall enjoy within this
ANTONIO DE
CARVALHO. Colony, but not elsewhere, all the rights, advantages and privileges of a
British subject , on his taking the oath of allegiance under the provisions
of the Promissory Oaths Ordinance, 1869 .
No. 15 of 1883 .
An Ordinance for the naturalization of WONG SHING.
[28th December, 1883. ]
WHEREAS WONG SHING has petitioned to be naturalized as a British
subject within the limits of this Colony , and whereas it is expe
dient that he should be so naturalized ; Be it enacted by the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows :
Naturaliza WONG SHING, shall be , and he is hereby naturalized a British subject
tion of
WONG SHING. within this Colony, and shall enjoy within this Colony , but not elsewhere,
all rights, advantages and privileges of a British subject, on his taking
the oath of allegiance under the provisions of the Promissory Oaths
Ordinance, 1869 .
ORDINANCES Nos . 16 AND 17 OF 1883 . 1757
Naturalization. Piers and Wharves.
No. 16 of 1883.
An Ordinance for the naturalization of HENRIQUE JOAQUIM
RODRIGUES.
[ 28th December, 1883. ]
HEREAS HENRIQUE JOAQUIM RODRIGUES has petitioned to be
WHE
naturalized as a British subject within the limits of this Colony ,
and whereas it is expedient that he should be so naturalized ; Be it
enacted by the Governor of Hongkong , with the advice of the Legislative
―
Council thereof, as follows :
HENRIQUE JOAQUIM RODRIGUES , shall be, and he is hereby natura Naturaliza
tion of
lized a British subject within this Colony, and shall enjoy within this HENRIQUE
JOAQUIM
Colony, but not elsewhere, all the rights, advantages and privileges of a RODRIGUES.
British subject, on his taking the oath of allegiance under the provisions.
of the Promissory Oaths Ordinance , 1869 .
No. 17 of 1883.
An Ordinance to authorise The Honourable FRANCIS BULKELEY JOHNSON
to construct piers and wharves in the harbour of Victoria, and to
confer upon the said FRANCIS BULKELEY JOHNSON certain other
powers and privileges .
[ 28th December, 1883. ]
HEREAS the Honourable FRANCIS BULKELEY JOHNSON, of Victoria, Hongkong, Preamble.
WH merchant, is desirous of constructing, with the consent of the Crown , piers
and wharves in the harbour of Victoria, for purposes in relation to the loading,
discharging, and storing of cargo ; And whereas the said FRANCIS BULKELEY JOHNSON
has applied to the Government of the Colony , to confer upon him the necessary powers
for carrying out the construction of such piers and wharves, by means of a Public
Ordinance, and it is expedient that such an Ordinance should be granted to the said
FRANCIS BULKELEY JOHNSON, under and subject to the conditions, restrictions and
provisions hereinafter contained : Be it therefore enacted by the Governor of Hongkong ,
with the advice of the Legislative Council thereof, as follows :
1. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his executors, Power to
constrnet
administrators or assigus, to construct and maintain for his and their exclusive use, wharves and
piers.
wharves between high and low-water mark, and piers extending into the harbour of
Victoria, at and from any part or parts of that portion of the Public Praya which lies
directly opposite to the pieces or parcels of ground registered in the Land Office of the
Colony, as Marine Lots 95, 96, 97 and 98 respectively.
1758 ORDINANCE No. 17 of 1883.
Piers and Wharves.
Plans and 2. The said wharves and piers shall be constructed in accordance with plans and
specifications.
specifications to be approved by the Governor in Council .
Alterations and 3. The said FRANCIS BULKELEY JOHNSON his executors , administrators or assigns
additions.
may, from time to time, make any alterations in, or additions to, the said wharves and
piers, provided the same be in accordance with plans and specifications to be approved
by the Governor in Council.
Power to lay 4. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his executors,
down tramways.
administrators or assigns, from time to time to lay down, maintain, and renew sunken
and overhead tramways, or either of such tramways from the piers and wharves, across
the public praya connecting the wharves and piers with the premises of the said
FRANCIS BULKELEY JOHNSON his executors, administrators or assigns, situated on the
Marine Lots aforesaid or adjoining the same. Provided that all such tramways shall
be laid in accordance with a specification to be approved by the Governor in Council.
Lights. 5. The said FRANCIS BULKELEY JOHNSON his executors, administrators or assigns
shall cause to be affixed on the said wharves and piers, and to be exhibited from sunset
to sunrise, such lights as the Harbour Master may from time to time direct .
Prevention of 6. The said FRANCIS BULKELEY JOHNSON his executors , administrators or assigns
silting, &c.
shall take such measures as may be necessary to prevent silting or the accumulation of
mud, sand , or other matter around the wharves and piers, and shall conform to such
regulations as the Governor in Council may deem it expedient to make for the purpose
of preventing obstruction to the traffic of the praya.
Proceedings on 7. In the event of the said FRANCIS BULKELEY JOHNSON his executors, adminis
non-prevention
of silting, &c. trators or assigns making default in complying with the provisions in the last
preceding section relating to the prevention of silting, or the accumulation of mud,
sand, or other matter around the wharves or piers, the Governor in Council , if satisfied
after due enquiry made that the said FRANCIS BULKELEY JOHNSON his executors ,
administrators or assigns, has or have been guilty of the alleged default, shall make an
order to be served on the said FRANCIS BULKELEY JOHNSON his executors, admi
nistrators or assigns, limiting a time for the performance of his or their duty in that
behalf, and if such duty is not performed by the time limited by the order, the
Governor in Council shall appoint some person or persons to perform the same, and
shall by order direct that the expenses of performing the same, together with a
reasonable remuneration to the person or persons appointed for superintending such
performance, and amounting to a sum to be specified in the order, together with the
costs of proceedings ( if any) , shall be paid by the said FRANCIS BULKELEY JOHNSON his
executors, administrators or assigns, and any order made for the payment of such
expenses and costs may be removed into the Supreme Court, and may be enforced in
the same manner as if the same were an order of such Court.
Priority of use 8. All vessels belonging to, or engaged in the service of Her Majesty's Govern
to Queen's ships.
ment shall have priority of use of the wharves and piers at the ordinary current rates
for mercantile vessels, without prejudice to the rights of other vessels actually using
the wharves or piers.
ORDINANCE No. 17 OF 1883 . 1759
Fiers and Wharves.
9. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his executors, Powers to make
rules and regula
administrators or assigns , from time to time to make such rules and regulations as tions.
may be necessary for the general management of his and their business . Provided
always that no such rules and regulations, nor any repeal or variation thereof, shall
come into force until the same shall have been approved by the Governor in Council ,
and shall have been published in the Gazette.
10. Every person who shall commit a breach of any of the rules and regulations Penalty for
breach of rules
made in pursuance of this Ordinance, shall, on summary conviction thereof before a and regulations.
Magistrate, be liable to a fine not exceeding fifty dollars.
11. In all proceedings before any Court, the rules and regulations in force for Proofofrules and
regulations.
the time being under this Ordinance, shall be sufficiently proved by the production of
a copy of the Gazette in which the same shall be published and contained .
12. If the said FRANCIS BULKELEY JOHNSON his executors , administrators or Governor in
Council may
assigns shall fail to make or vary such rules and regulations, as in the opinion of the make rules and
regulations in
certain event.
Governor in Council are requisite for the protection of the rights of the inhabitants
of the Colony, and for the prevention of injury to navigation , the Governor in Council
shall make an order to be served upon the said FRANCIS BULKELEY JOHNSON, his
executors, administrators or assigns, limiting a time for the making or varying of such
rules and regulations, and if such rules and regulations are not made or varied by the
time prescribed in such order, the Governor in Council may make or vary such rules
and regulations, which when made, or varied, and published in the Gazette, shall have
the same force and effect as if they were specially enacted herein .
13. The said FRANCIS BULKELEY JOHNSON his executors, administrators or Rules and regula
tions to be
assigns shall, from time to time, cause to be painted on boards, or to be printed and painted and
exhibited.
attached in large and legible characters in English and Chinese, a statement of the
rules and regulations in force, and shall cause such boards containing such statement
to be fixed on some conspicuous part of the wharves or piers.
14. If at any time before the completion of the works, the said FRANCIS BUL Power to
Governor in
Council to abate
KELEY JOHNSON his executors, administrators or assigns shall fail to proceed there and remove
works in certain
with for a period of six months, or after the completion thereof shall disuse the same, events.
or any part thereof for six months, without affording to the Governor in Council some
satisfactory reason for the discontinuance or disuse of the said works, (as the case
may be) , it shall be lawful for the Governor in Council to abate and remove the same,
and restore the site thereof to its former condition at the costs of the said FRANCIS
BULKELEY JOHNSON his executors, adininistrators or assigns , and the amount of such
costs shall be a debt due the Government, and recoverable against the said F NCIS
BULKELEY JOHNSON his executors, administrators or assigns accordingly.
15. Subject to the approval of the Governor in Council being first obtained (but Power to sell.
not otherwise) , the said FRANCIS BULKELEY JOHNSON his executors, administrators
or assigns, may at any time, and from time to time sell, assign or absolutely dispose
of the undertaking or any part or parts thereof, to such person, corporation, or com
pany, by public auction, or private contract or partly by public auction and partly by
1760 ORDINANCE No. 17 OF 1883 .
Piers and Wharves.
private contract, and with, under and subject to such terms and conditions in all
respects as the said FRANCIS BULKELEY JOHNSON his executors, administrators or
assigns shall think fit, with power at any such sale to fix a reserve price for, or buy
in the same, and when any such sale, assignment , or absolute disposal has been made,
all the rights, powers , authorities, obligations and liabilities of the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns in respect to the under
taking or part or parts thereof sold , assigned or absolutely disposed of, shall be trans
ferred to, vested in, and may be exercised by, and shall attach to the person or persons ,
corporation, or company to whom the same has been sold , assigned or absolutely
disposed of, in like manner as if the undertaking or part or parts thereof, sold , assigned
or absolutely disposed of, was or were constructed by such person or persons, corpora
tion or company under the powers conferred upon him or them by this Ordinance,
and in reference to the same he or they shall be deemed to be the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns.
Power to demise. 16. Subject to the approval of the Governor in Council being first obtained (but
not otherwise), the said FRANCIS BULKELEY JOHNSON his executors, administrators or
assigns may, at any time and from time to time demise their undertakings or any part
"
or parts thereof, to such person, corporation , or company, for such term or terms of
years, or from year to year, or for any less period, and for such rent or rents, and
upon such terms and conditions in all respects , as the said FRANCIS BULKELEY JOHNSON
his executors, administrators or assigns shall think fit to adopt, to take effect either in
possession or reversion, and either with or without a premium, or premiums, as a
consideration or considerations for such demise or demises.
Power to 17. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his executors,
mortgage.
administrators or assigns, from time to time, and at any time to borrow money on
mortgage of all or any part of his undertaking, and for that purpose to assign or
demise by way of mortgage, all or any portion of the said wharves and piers to any person
or persons, corporation or company, and to enter into all such covenants, provisoes,
declarations and agreements as the said FRANCIS BULKELEY JOHNSON his executors,
administrators or assigns shall think fit and proper.
Saving of rights. 18. Nothing in this Ordinance, otherwise than as specially enacted herein , shall
be construed to interfere in any way with any existing rights in the land on which the
said wharves or piers are to be constructed, or the lands or foreshore adjoining the
same, and the powers and privileges given by this Ordinance are so given, saving and
reserving always the rights of Her Majesty, and of all bodies politic and corporate,
and of all other persons and those claiming by, from , and under them except as herein
otherwise provided.
Duration of 19. This Ordinance shall continue in force for 20 years to be computed from the
Ordinance.
1st day of January, 1884. Provided always that the Governor in Council may, from
time to time, so often as the Governor in Council shall think it expedient, by order, to
1
be published in the Gazette, declare that the duration of this Ordinance shall be
ORDINANCES Nos. 17 AND 18 OF 1883. 1761
Piers and Wharves. Tramways.
extended for any further term or terms not exceeding ten years at a time, and there
upon this Ordinance shall continue in force for such extended period.
20. This Ordinance shall come into force on a day to be proclaimed by the Commence
ment of
Governor. Ordinance.
[In force from the 1st January, 1884, under proclamation of the 29th December, 1883.
Repealed by Ordinance No. 4 of 1887.]
No. 18 of 1883.
An Ordinance for amending the Tramways Ordinance 1883 .
[ 28th December , 1883. ]
WHEREAS a doubt has arisen as to the powers conferred upon the
promoters for the purposes of the Tramways Ordinance 1883 ,
under section 4 of the said Ordinance , and it is desirable to remove such
doubt ; Be it therefore enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows :
1. This Ordinance may be cited as the Tramways Ordinance Amend Short title.
inent Ordinance 1883.
2. The Tramways Ordinance 1883 is hereby amended by repealing Repeal of
section 4 of
- the Tramways
section 4 , and by inserting , in lieu thereof, the section following :
Ordinance
1883 and re
enactment.
"4. The promoters may, with the assent and approval ofthe Governor Power to
assign.
" in Council, grant the right to construct and maintain any one or more
"of the tramways hereby authorized to be made, and all or any of the
66
privileges hereby conferred , without receiving any valuable considera
" tion therefor, or for any consideration that the promoters may think fit
66
to accept, to such persons , or person , corporation , or company , and
“ with, under, and subject to such terms and conditions in all respects as
66
'the promoters shall think fit, and may, with the approval of the Governor
"in Council , upon failure of any of the terms and conditions contained in
"the original , or any subsequent grant, if thereunto authorized by the
" terms of such original , or subsequent grant, revoke the same , and regrant
66
all, or any such rights and privileges, and so much of any tramway as
66
may be constructed, upon such terms and conditions as to them shall
"seem fit ; and all and every the assignees or assignee for the time being
" from the promoters , whether a corporate body or not, are and is herein
" after included in the expression , and referred to as the company."
3. This Ordinance shall commence and take effect on the 1st day of Commence
ment of Ordi
January , 1884 . nance.
1762 ORDINANCE No. 1 OF 1884.
Opium.
No. 1 of 1884.
[See Ord. No. An Ordinance entitled The Opium Ordinance, 1884.
17 of 1886,
No. 22 of
1887. ] [ 26th March, 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE -:
Legislative Council thereof, as follows :
Interpreta 1. In the construction of this Ordinance the following terms and ex
tion.
pressions shall have the meanings hereinafter assigned to them , that is to
say :
Excise The term Excise Officer shall mean any person appointed by the
Officer
Governor under section 5 of this Ordinance .
Farm.
The term Farm shall mean any exclusive privilege granted
Farmer.
under this Ordinance, and the term Farmer any holder for
the time being of such exclusive privilege.
Dross Opium. Dross Opium shall mean opium prepared wholly or chiefly from
opium dross
Prepared Prepared Opium shall include dross opium wherever such a
Opium.
construction is not contrary to the context of this Ordi
nance.
Opium Opium Farmer shall mean the holder for the time being of the
Farmer.
exclusive privilege of boiling and selling prepared opium
either inclusive or exclusive of dross opium.
DrossFarmer.
Dross Farmer shall mean the holder for the time being of the
exclusive privilege of collecting and purchasing opium
dross and dealing in , and preparing dross opium .
Diran
Farmer. Divan Farmer shall mean the holder for the time being of the
exclusive privilege of opening or licensing any class of
opium smoking divans.
When there is no opium farmer, or no dross farmer , or no divan
farmer, this Ordinance shall be read as if the Governor in
Council , or any licensee of the Governor in Council ; or the
Colonial Secretary, or any licensee of the Colonial Secretary ;
as the case may be, were expressly named instead of such
farmer. And payment or delivery to the Colonial Trea
surer for the use of the revenue of the Colony, or to an
excise officer for the same purpose shall in all such cases
be taken to be payment or delivery to such farmer under
this Ordinance.
ORDINANCE No. 1 of 1884. 1703 ,
Opium.
Possession.
Any raw, boiled, or prepared opium , opium dross, or utensils ,
[ 1 of 79 s. 1.]
vessels , or implements used for preparing or sinoking the
same shall for the purposes of this Ordinance 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.
The provisions of this Ordinance as to the smoking of opium, Smoking
opium.
and to utensils or implements for the smoking of opium
shall apply solely to opium smoking divans , and not to the
smoking opium in other places.
2. No person shall bring into this Colony, or the waters thereof, or Import and
possession of
have in his possession or custody within the same, any boiled or prepared opium.
[ 2 of 58, 8. 8,
opium, not being dross opium without having a valid certificate under 7 of 79, s. 5. ]
section 16 of this Ordinance . No person shall bring into this Colony or
into the waters thereof or knowingly have in his possession within the
same any dross opium which has been prepared or purchased in this
Colony without the knowledge and consent of the dross farmer. No
person except a farmer or a duly licensed person as provided by this
Ordinance shall within this Colony or the waters thereof collect opium
dross or knowingly have in his possession or custody without the know
ledge and consent of the dross farmer any opium dross except such as
may be the result of his own smoking or of the smoking of opium on his
premises.
3. No person except a farmer or duly licensed person as provided Unlicensed
preparation.
by this Ordinance shall, within this Colony or the waters thereof, boil or &c. of opium.
[ 2 of 58, s. 5.]
in any way prepare opium or dross opium, or sell , or offer or expose for
sale any boiled or prepared opium or dross opium, or collect or purchase
opium dross ; provided that no medical practitioner, chemist or druggist ,
not being a Chinese, or being such and having a European or American
diploma, shall be prevented from preparing or selling opium bonâ fide for
medicinal purposes , the burthen of proof whereof shall be upon any person
alleging the same in his defence.
4. No person shall open or carry on any divan or other place for the Smoking
divans .
smoking of opium or dross opium without a licence under this Ordinance. [4 of 83, s. 4. ]
1764 ORDINANCE No. 1 OF 1884 .
Opium.
Excise officers.
Excise officers 5. The Governor may, for the purposes of this Ordinance, make an
[ 1 of 79, s. 11.
4 of 83, s. 2. ] appointment in form of schedule A. to such agents or servants of the
opium farmer as may be approved of by him to act as excise officers ,
and in case there is not such farmer then the Governor may in a similar
form appoint such persons as he may think fit : and no persons except
those so appointed shall be competent to act as excise officers under this
Ordinance. Such appointments 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.
Their names
and resi 6. The name and place of residence of every excise officer shall be
dences. posted in a conspicuous place at the Police Court.
[ 1 of 79, s. 12. ]
Their badges. 7. Every excise officer shall be supplied with a badge bearing such
[ 1 of 79, s. 13 ,
4 of 83 , s. 2. ] 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 provisions of this Ordinance, if not in uniform , shall in
like manner declare his office , and produce to the person against whom he is
about to act such badge 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.
Existing 8. Persons who are excise officers at the time of the commencement
officers. |
of this Ordinance shall be deemed to have been duly appointed under
this Ordinance.
Farms.
Opium farm. 9. The Governor in Council may grant to any person , for such
2 of 58, s. 2. ]
For form of considerations , and upon such conditions, and for such terms or periods ,
grant and
conditions and in such form as from time to time may be by the Governor in Council
thereof, see
Gazette 16th regulated and determined , and also previously notified to the public in
June, 1888. ]
the Gazette, the sole privilege of boiling and preparing opium either
inclusive or exclusive , of dross opium , and of selling and retailing within
the said Colony , or the waters thereof, opium so boiled or prepared : and
such privilege may from time to time be granted to the highest bidder ,
ORDINANCE No. 1 OF 1884 . 1765
Opium.
to be ascertained either by public auction or by tender, to be made in
pursuance of notice to be published in the Gazette to that effect ; but
every such bidder shall , before he is declared the purchaser of the
privilege, give bond with sureties in the sum of twenty thousand current
dollars at least, to the satisfaction of the Governor in Council , for the due
performance of the conditions of the privilege, and of his stipulations in
respect thereof.
10. The Governor in Council may farm out the privilege of keeping Farming of
opium divans
divans for the smoking of opium to one or more than one person, on such and dross.
[4 of 83, s. 4. ]
terms and conditions as may seem to the Governor in Council expedient,
and the grantee or grantees shall be empowered to grant licences to
separate keepers of such divans. The Governor in Council inay make
such regulations as to the division of such opium divans into classes as
may seem to him expedient, and in the event of there being no farmer
for any class the Colonial Secretary may grant licences and to revoke
the same on such terms and conditions as he may think fit.
11. The Governor in Council may in like manner farm out the Dross opium .
privilege of collecting, dealing in, and preparing dross opium and in the
event of there being no farmer the Colonial Secretary may grant licensees
to prepare and to deal in dross opium and may revoke the same on such
terms and conditions as he may think fit.
12. The Governor in Council may make and when made revoke, Fines under
farm system .
add to, or alter a scale of fines to be levied for breaches of the regulations [2 of 58 , s. 12.1
under which any farm is created under this Ordinance. Every fine
provided by such scale of fines shall be levied in the same manner as the
fines imposed by this Ordinance.
13. All the provisions of this Ordinance as to searches, arrests , Protection of
divan and
possession, the seizure and " disposal of opium, utensils , vessels , or dross farmers.
implements used for preparing or smoking the same, and the disposal
thereof, penalties and their division , rewards to informers, and penalties
for false charges or irregular proceedings under this Ordinance, shall
apply, so far as circumstances will permit, in relation to all cases of any
infraction of this Ordinance or of any regulation made thereunder with
respect to opium smoking divans, or to the preparation of or dealing in
dross opium .
1766 ORDINANCE No. 1 OF 1884 .
Opium.
Default in 14. If the consideration money for any farm created under this
payment for
farm , resale. Ordinance, or any instalment thereof, be not paid within one month next
[ 2 of 58 , s. 4. ]
after the day appointed for the payment thereof, the said farm shall
become and be absolutely null and void ; and , over and above all other
such liabilities as are hereinbefore or hereinafter created , the farmer shall
thereupon become and be liable to make good to the Government all losses
or expenses incurred by , or by reason of such default in payment or any
resale or regrant of such privilege which the Governor in Council may
thereupon make, and to make which he is hereby authorised ..
Sub-licences. 15. The opium farmer, if any, or in default of any such farmer , the
[ 2 of 58, 6. 3. ]
Governor in Council may at his discretion grant licences to proper
persons, authorising them to boil and prepare opium , and to sell and
retail opium so boiled and prepared ; but subject to such conditions as
shall from time to time be by the Governor in Council regulated and
previously notified in the Gazette. And the provisions of section 12 of
this Ordinance as to a scale of fines for breaches of regulations made
under this Ordinance shall apply equally to all breaches of regulations
made and notified as aforesaid with regard to such licences for the boiling
and preparation of opium .
Sales. 16. It shall be the duty of every person selling or retailing prepared
opium, not being dross opium, under this Ordinance , to deliver therewith
Certificate . a certificate in English and Chinese, stamped with the stamp used by him
[2 of 58, s. 7,
7 of 79, s. 3, in carrying on his business, specifying the amount so sold ; which certi
4 of 83, s. 1. ]
ficate shall be evidence of the facts therein stated , and shall not be trans
ferable, and shall be in one of the forms provided in schedules B or C to
this Ordinance , according as there is or is not, at the time of issuing such
certificate, an opium farmer under this Ordinance . Such certificates shall
be issued from books provided with counterfoils , and both the certificates
and the counterfoils shall bear corresponding and consecutive printed
numbers .
Expiry of 17. No certificate so granted by the opium farmer or by any licensee
certificate.
[ 7 of 79, s. 4, under him shall be valid after noon of the third day from the date of the
4 of 83, s. 3. ] expiration of such opium farmer's privilege.
Notice of 18. Every opium farmer shall, one month before his farm expires,
expiration of
farm . give public notice, in the form provided by the schedule D hereto, that
[ 1 of 79. s. 3. ]
the said farm is to expire on the day to be named , and that no boiled or
´prepared opium purchased from such farmer, or from any licensee of such
ORDINANCE No. 1 oF 1884 . 1767
Opium.
farmer, can be used after such time without the consent of the new farmer.
Such notice shall be printed in English and Chinese, and the farmer shall
supply copies thereof to all persons licensed by him under this Ordinance :
and every person so licensed 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.
19. All licensees of the Governor in Council under section 15 of Restriction
on licensees.
this Ordinance when there is no opium farmer shall during the last three
months of the period of their licences ( if the Governor in Council shall
have granted the opium farm to any farmer) be subject to such restric
tions as to the quantities of prepared opium they shall boil , prepare, or
sell, as the Governor in Council may from time to time determine. Pro
vided that such restrictions shall not apply to any licence granted before
the passing of this Ordinance.
20. Neither the opium farmer nor his licensees shall during the three Close of farm
stocks.
months preceding the end of his term , manufacture more than the usual [ 1 of 79, s. 5,
7 of 79, s. 7,
quantity of boiled or prepared opium, or during the said three months 4 of 83, s. 3. ]
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 such farmer or licensees shall not sell , export ,
or otherwise make away with , or dispose of any of their stock of boiled
or prepared opium, but shall make over to the new farmer the full and
complete stock of raw or boiled and prepared opium then in their posses
sion, at the marketable value thereof : and in the event of any difference
arising as to the quantities of boiled and prepared opium manufactured
or sold during the last three months of the term , and the price of the
same, or as to the nature and quantity of the raw or boiled or prepared
opium so 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 farmer, one by the person whose farm 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 out
going farmer 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 .
1768 ORDINANCE No. 1 CF 1884.
Opium.
Usual quan
tities . 21. It shall be lawful for the majority of the arbitrators to determine ,
{ 7 of 79, s. 7.] and they are hereby empowered to decide in each particular case, what
are usual quantities within the meaning of this Ordinance.
If farmer 22. In case the outgoing or the incoming opium farmer fails to
appoints no
arbitrator. appoint an arbitrator within ten days from his receiving notice from the
[ 7 of 79, s. 7,
4 of 83 , s. 3. ] Governor so to do , it shall be lawful for the other two arbitrators 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.
Period for 23. The Governor in fixing the time for holding the arbitration
award.
7 of 79, s. 7. ] shall also fix the period within which the award is to be completed, and
the same shall be specified in the appointment.
Powers of 24. The arbitrators shall have the same powers as if the appoint
arbitrators.
[ 7 of 79, s. 7. ] ment and reference to arbitration had been made by an order of the
Supreme Court under the provisions of the Hongkong Code of Civil Pro
cedure, and their award in each case shall be final .
Taking over
stocks. 25. The opium farmer and his licensees shall, on the expiration of
[ 1 of 79, s. 4, his terin , hand over to the incoming farmer, and the incoming farmer
4 of 83, s. 3. ]
shall take over from the outgoing farmer, all his stock of raw, boiled, and
prepared opium , at such prices as may be settled , subject to the provisoes
hereinbefore contained for arbitration in case of difference.
Arrests, searches , and forfeitures.
Arrest 26. It shall be lawful for any Police or Excise officer to arrest ,
without
warrant. without warrant, any person within the Colony whom he reasonably
[7 of 79, s. 9. ]
suspects to be conveying or to have concealed on his person boiled or
prepared opium which has not paid duty to the opium farmer, and to
convey such person to the nearest Police Station, there to be dealt with
according to law.
Searching 27. It shall be lawful for any inspector of Police , having reasonable
ships.
[7 of 79, s. 8. ] ground for believing that there is boiled or prepared opium in any ship
[Note: This
power to within the waters of the Colony contrary to the provisions of this Ordi
search ships
is extended to nance (such ship not being a ship of war or vessel having the status of a
Excise
by officers
Ordinan ce ship of war ) to proceed without warrant on board such ship and search
No. 17 of
1886 which for boiled or prepared opium, and seize any boiled or prepared opium so
also defines
found , and it shall be lawful for such inspector to take the opium so
"Ship"]
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.
ORDINANCE No. 1 OF 1884 . 1769
Opium.
Search
28. Upon lawful evidence being first given to the reasonable warrants.
satisfaction of any Magistrate, that any person within this Colony or the [2 of 58, s. 9.
Ï of 79, 8. 10.]
waters thereof has in his possession or custody any opium otherwise than [Note: The
power to
issue search
as provided by section 16 of this Ordinance, or any opium prepared , sold , warrants may
or retailed contrary to this Ordinance, it shall be lawful for the said Ma also be exer
cised by any
gistrate to issue a search warrant in that behalf, and such search warrant Justice of the
Peace. See
may be executed by any Police or Excise officer, and the officer executing Ordinance
No. 17 of
such warrant may enter any tenement, place, or vessel within this Colony 1886.1
or the waters thereof, and search for, and , if found , seize and hold , subject
to the order of the Court hereinafter mentioned , any raw or prepared opium
within such tenement , place , or vessel whereof no satisfactory explanation
shall be given by the person aforesaid , and also any utensils, implements , or
vessels which have been used or which are manifestly intended to be used
in boiling, preparing, or smoking opium in such tenement , place, or vessel ,
and may also seize and hold as aforesaid any raw or prepared opium , or
any such utensils , implements , or vessels , found in possession of the
person aforesaid in any place whatever.
29. All boiled or prepared opium offered or exposed for sale by any Confiscation
of prepared
unauthorised person , and all boiled or prepared opium found in the opium and
utensils.
possession or custody or control of any unauthorised person or in any [ 1 of 79, s. 7,
4 of 83 , s. 1.7
unauthorised place, and any utensils or vessels which have been used , or
which are manifestly intended to be used in boiling or preparing or smoking
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 farmer, and any unauthorised
person in whose possession any such boiled or prepared opium or utensils
or vessels are found may be apprehended and taken before a Magistrate
by any Police or Excise officer.
30. Whenever boiled or prepared opium is so seized as last aforesaid , Seizure of
raw opium.
and any such utensils or vessels are also seized as aforesaid , the Police [ 1 of 79, s. 8. ]
or Excise officer seizing the same may also seize any raw opium that
may be found in the custody or control of 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 .
31. Whenever from any other cause there is reasonable ground to Seizure of
raw opium
believe that boiled or prepared opium is manufactured by any unauthorised under other
1770 ORDINANCE No. 1 of 1884.
Opium.
circums person, or in any unauthorised place within this Colony, it shall be
tances.
[ 1 of 79, s. 9. ] lawful for a Police or Excise officer to seize any raw opium found in
possession of such unauthorised person, or in such unauthorised place.
Procedure.
Procedure.
[2 of 58, s. 12, 32. All offences against this Ordinance may be tried and all penal
Ï of 79, s. 14. ] ties under this Ordinance may be recovered in a summary way before a
Magistrate.
Penalties.
Penalties. 33. For every offence against the provisions of this Ordinance ( or
[ 2 of 58, s. 13 ,
7 of 79, s. 6. ] against any regulation made thereunder) not otherwise specially provided
for, the offender shall be liable to the following penalties :
:
( 1. ) For every first offence a fine not exceeding five hundred
dollars , or imprisonment for a term not exceeding three
months, with or without hard labour.
( 2. ) For every subsequent offence, a fine not exceeding one
thousand dollars , or imprisonment for a term not exceed
ing six months, with or without hard labour .
Disposal of 34. The pecuniary penalty imposed upon the offender shall , after
fines.
the adjudication of a portion of the same not exceeding one half to the
4 of 83, s. 4. ]
informer at the discretion of the Magistrate be paid to the farmer , and all
the boiled or prepared opium to which the same relates may be forfeited ,
and by the Magistrate in his discretion adjudged and delivered to the
farmer.
Forfeiture of 35. Where any boiled or prepared opium, or utensils or vessels used
raw opium.
for preparing or smoking the same, are found in the possession of any
4 of 83, s. 2. ]
unauthorized person , or in any unauthorized 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 or smoking 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 farmer.
Unclaimed 36. In case any boiled or prepared opium, or utensils or vessels
utensils.
[1 of 79, s. 15, used for preparing or smoking the same, are found without being
of 83, s. 2. ]
apparently in the possession of any one, it shall be lawful for the Magis
ORDINANCE No. 1 OF 1884. 1771
Opium.
trate to cause a notice to be affixed at the place where any such article
may be found, calling upon the owner thereof to claim the same ; and in
case no person shall come forward to make a claim within one week from
the date of such notice, the samne, 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 farmer.
37. In dismissing any charge or complaint under this Ordinance False charges,
&c.
on the ground of the same being false, or frivolous and vexatious , it [ 2 of58, s. 15. ]
shall be the duty of the Court to impose upon the person bringing the
same any penalty not exceeding the penalty which the defendant, if
convicted upon such charge or complaint , would have incurred , such
penalty shall be over and above any other penalties or liabilities which
the said person may have likewise incurred in respect of his said charge
or complaint, or of his evidence in support thereof.
38. Over and above all other liabilities or penalties to which, by Irregular
proceedings.
this Ordinance or any other law, any person shall become or be subject [ 2 of 58 , s. 16. ]
in respect of his suing out, obtaining , issuing, or executing improperly ,
and without sufficient cause, any search warrant under this Ordinance,
the said person shall be further liable to the penalties specified in section
33, to be enforced and levied as hereinbefore provided .
39. Persons employed in any department of the Public Service, Public
servants
and persons in the employment of them , or of any of them , are disquali disqualified .
[ 2 of 58, s. 6. ]
fied from becoming or being in any way possessed of, or directly or
indirectly interested in any privilege or licence under this Ordinance , or
the profits thereof, whether at law or in equity, and whether in their
own right respectively , or in the right of another ; and from suing for
or in respect of, or in any way enforcing the same.
40. The following Ordinances are hereby repealed, Repeals.
Ordinance No. 2 of 1858 ,
Ordinance No. 1 of 1879,
Ordinance No. 7 of 1879 ,
Ordinance No. 4 of 1883 ,
Ordinance No. 8 of 1883 ,
but such repeal shall not affect anything lawfully done or commenced to Regulations,
&c. to
be done thereunder, and every regulation , bond, or licence made or continue.
issued under the above repealed Ordinances shall continue in full effect
as if made or issued under this Ordinance, until such regulation, bond,
or licence shall be duly cancelled , amended , withdrawn , or shall expire.
1772 ORDINANCE No. 1 OF 1884.
Opium.
Commence
41. This Ordinance shall commence and take effect on a day to be
ment of
Ordinance. proclaimed by the Governor.
SCHEDULES .
A. ·
APPOINTMENT OF EXCISE OFFICER.
The Excise Ordinance, 188 .
A.B. of in is hereby appointed to be an Excise
officer under the above Ordinance, and is duly vested with all the rights , powers, and
immunities of such officer under the provisions of the said Ordinance, until
18 or until this licence is revoked by the Governor of this Colony for
the time being.
Colonial Secretary.
Hongkong, 18 •
B.
No. Opium Certificate .
Not transferable. To be returned after the opium is used .
Sold this day to of No. Street,
Taels mace candareens of prepared opium for his own use.
Hongkong, 18 .
NOTICE. The monopoly of the Hongkong Opium Farm, at present held by the
undersigned, expires on The boiled or prepared
opium now purchased and sold cannot be legally used or retained in your possession
after noon of the third day from the above date, without the consent of the new holder
of the monopoly, or of the Governor.
(Signed)
人 別 給 交 得不 照此
此 期 第三 日 午後 例 不得
囘 繳 照此 將 卽 片 鴉 完 用 巳 如
即日賣與
留存 或 吸食 須得新
按照 香港 之 例
啟者本 公司 現 所 承 充
在 本港 煮 賣熟 鴉片之
督 憲 批准 乃 可
充 人 允准 或禀懇
利權 於
買賣之 熟鴉片 倘屆 該
卽 按
錢
日期 滿所有 各家
年
分係自己所用
熟鴉片
乃 或 月
年
謹啟
日 所
承
兩
月
發 用 兩 街 號
ORDINANCE No. 1 or 1884 . 1773
Opium .
C.
The same, if there is no Opium Farm.
No.
Not transferable. To be returned after the opium is used.
Sold this day to of No. Street ,
Taels mace candareens of prepared opium for his own use.
Hongkong , 18 .
NOTICE . The Governor in Council has granted the exclusive privilege of boiling,
preparing, and selling prepared opium within the Colony to
from The opium now purchased and sold
cannot legally be used or retained in your possession after noon of the third day from
the above date, without the consent of
(Signed )
人 別
別 給 交 得不 照 此
將 片 之 利權 由
囘 照此 將 卽 片 鴉 完 用 如
充 在 本港 內 煮賣熟鴉
督憲會同
現蒙
按照 香港 之 例
定例 局批准
屈 該期 第三 日 午後例
不得留存 或 吸食須得
各家 買賣 之熟鴉片倘
不屈 即 按
錢
得 該 日照
年
月
熟 鴉片
分 係 自己 所用
允准 方可
月
月 1
日 起 所有
日 所
啟 得 有年
年 鴉 承 發 用 兩 街 號
D.
Public Notice of Expiry of Farm.
The exclusive privilege of boiling and preparing opium and selling and retailing
opium so boiled or prepared will cease on 18. No
boiled or prepared opium purchased from us or our licensees can be used after
18 , at noon, without the consent of the new holder of such
exclusive privilege as aforesaid.
(Signed)
人 須 後年 鴉 所 公 或 有
允 得 日
准 新 月 於 年
乃 承
可 充 食 日 月 於
[In force from the 27th March, 1884, under proclamation of same date.]
1774 ORDINANCE No. 1 OF 1884.
Opium.
Additional condition made by the Governor in Council under the provisions of the
Opium Ordinance 1884 on the 26th and gazetted 28th June, 1884.
From the 24th June 1884, the fees on the preparation of opium for export, in
quantities of not less than 500 taels, are reduced to the rate of forty-five dollars for
every 1,000 taels of prepared opium exported .
Form of grant of opium privilege, as regulated and determined in pursuance of
Ordinance No. 1 of 1884, section 9, on the 7th March 1885,
TO ALL TO WHOM these presents shall come, I, Sir GEORGE FERGUSON BOWEN,
G.C.M.G. , Governor and Commander- in-Chief of the Colony of Hongkong, and
its Dependencies, and Vice-Admiral of the same, in Executive Council assembled,
Send Greeting :
WHEREAS (here insert recitals according to the facts of each case) . KNOW YE
THEREFORE, that in consideration of the premises, and of the payment by the said
of the sum of payable in
instalments of each on the first day of each month, in advance
during the term hereby granted , and in pursuance of the said Ordinance, and such con
ditions as are regulated and determined, or may be regulated and determined as pro
vided by the said Ordinance, I, the said Governor, by and with the advice of the said
Executive Council, have given and granted, and by these presents under the seal of •
the said Colony for myself, and my successors in the Government of the same, Do give
and grant unto the said his executors, administrators, and
assigns, the sole privilege of boiling and preparing opium (inclusive or exclusive of
dross opium, as the case may be) and of selling and retailing within the said Colony,
and the waters thereof, opium so boiled or prepared for and during the term herein
after expressed, in conformity with and subject to the said Ordinance in that behalf
provided, and to the said conditions, and to these presents , and so as that he the said
his executors, administrators, and assigns, shall and
lawfully may have and enjoy the whole profit, benefit, commodity and advantage, from
time to time, during the said term coming, growing, accruing, and arising, by reason
of the said privilege . To have, hold, use, exercise and enjoy the premises hereby
granted, with the power to grant licences, and all other powers incident to the said
privilege, and all benefit and advantage of the said Ordinance and conditions, or any of
them unto the said for and during and unto the full end
and term of whole year commencing with the day of
one thousand eight hundred and " and ending with
the day of one thousand eight hundred and
PROVIDED ALWAYS, and these presents are upon this express condition , that if at any
time during the said term hereby granted the said his executors ,
ORDINANCE No. 1 oF 1884 . 1775
Opium .
administrators or assigns, shall not upon his or their part or behalf, pay the said
monthly instalments, or any of them , or observe, perform , and keep any of the provi
sions of these presents, or of the said Ordinance, or the said conditions, or any of
them, or shall of his or their own proper authority, add to , or alter the said provisions
and conditions respectively, or any of the same respectively, or attempt to make any
such addition or alteration in that behalf, or if these presents are now, or at any time
during the said term shall become or be contrary to law, then and in any or either of
the said cases, these presents shall forthwith cease, determine, and be utterly void,
anything hereinbefore contained to the contrary thereof in anywise notwithstanding .
IN WITNESS whereof, I, the said Governor, have set my hand and the seal of the said
Colony to these presents, on the day of one thousand,
eight hundred and
Regulations approved by the Governor in Council under section 15 of Ordinance 1
of 1884, the 17th and gazetted the 18th September, 1886 .
CONDITIONS OF SUB- LICENCES TO BE GRANTED
BY THE OPIUM FARMERS .
1. The sub-licensee is hereby licensed to sell and retail at No. Street,
opium boiled or prepared at the establishments of the Opium Farmers for the term of
six calendar months commencing from .the day of
one thousand eight hundred and eighty and ending the day of
one thousand eight hundred and eighty an d the sub- lic ensee
agrees to accept such licence for the said term .
2. The fees paid by the sub-licensee to the Opium Farmers shall be
dollars (weighed at 7.2 ) per month payable in advance upon the first day of each and
every month, the first of such monthly instalments to be made on the
day of one thousand eight hundred and eighty
3. Upon signature of these presents the sub-licensee shall pay to the Opium
Farmers in addition to the first month's licence fee a further sum equal to one month's
licence fee which shall be held by the Opium Farmers, and shall go in payment of the
last month's licence fee of the said term unless forfeited as hereinafter provided .
·
4. The Opium Farmers shall always have on hand a stock of prepared opium for
sale, and the sub-licensee shall purchase from the Opium Farmers all prepared opium
which he may require for sale or retail.
5. The sub-licensee shall make a daily report to the Opium Farmers of the
quantity of prepared opium sold by him, and shall enter in a book to be kept by him
.
the name and address of every purchaser of prepared opium , and the quantity of opium
sold to each purchaser ; such book to be posted daily, and to be open at all reasonable
times to inspection by the Opium Farmers, their agents, or authorized officers.
1776 ORDINANCE No. 1 OF 1884.
Opium.
6. The sub-licensee shall not sell or have in his possession or under his control
any opium other than opium prepared by the Opium Farmers, and shall not construct
furnaces for the preparation of opium, nor prepare or permit to be prepared opium
upon the said premises or in any other place in the said Colony, and shall not buy , sell,
or deal in contraband opium , that is to say, opium not prepared by the Opium Farmers,
and shall not mix or cause to be mixed with opium purchased from the Opium Farmers
any such contraband opium, or any liquid or other substance whatsoever, nor sell any
opium purchased from the Opium Farmers adulterated or mixed with such contraband
opium or liquid or other substance.
7. The sub- licensee shall have the privilege of carrying on upon the said premises
the business of an opium smoking divan if such business be upon his own account, but
shall not permit such business to be carried on by or on account of any other person
or persons.
8. The licence hereby granted is confined to the premises above specified, and
shall not extend to any other premises unless with the sanction of the Opium Farmers
duly noted by endorsement upon these presents.
9. The sub-licensee hereby expressly undertakes to be responsible within the
meaning of the following section for any infringements of the provisions of the said
Opium Ordinance if committed by any person whomsoever in the premises occupied by
the sub-licensee, whether such premises be the premises hereby licensed or the private
sidence or other premises occupied by the sub-licensee.
10. In case any one monthly licence fee payable under these presents shall be in
arrear for five days, or in the event of the breach or infraction of any of the provisions
of this agreement, or of the said Opium Ordinance on the part of the sub - licensee or
any person for whom he is hereby made responsible, it shall be competent for the
Opium Farmers forthwith to cancel this agreement by notice to that effect, and there
upon all opium found on the premises of the sub- licensee shall be forfeited and handed
over to the Opium Farmers, who shall be entitled at once to recover from the sub
licensee or the said surety the monthly fees for the remainder of the said term , and all
sums held by the Opium Farmers on account of the sub-licensee shall be forfeited.
Terms and conditions under the provisions ofthe Opium Ordinances 1884 and
1887, of licences for the sale of opium intended for export in
quantities less than one chest made on the 31st May,
and gazetted 4th June, 1887.
1. The licensee shall on obtaining this licence pay to the Treasurer the sum of
one dollar.
ORDINANCE No. 1 of 1884. 1777
Opium.
2. All opium to be sold by the licensee under the provisions of this licence shall
be obtained by him from the importer in chests registered under the provisions of The
Opium Ordinances 1884 and 1887, and no opium (other than samples not exceeding two
taels covered by a certificate of the importer) shall be received by the licensee, nor be
under his custody or control, except what shall have been so obtained by him in regis
tered chests as aforesaid.
3. The licensee shall not part with any opium sold under the provisions of this
licence until he shall have received a removal permit for the same from the Superin
tendent of Imports and Exports, and a receipt for the same from the master of the junk
or other vessel by which the same is to be exported . The receipt shall be endorsed on
the removal permit , and shall be retained by the licensee until required by the Superin
tendent.
4. The licensee shall endorse on every parcel of opium sold by him as aforesaid
the quantity and kind of opium so sold, and his own name and the name of the pur
chaser, and he shall also attach to every such parcel a certificate of sale in the form
provided by section 5 of the said Ordinance ( 1837) , stating that the said certificate
shall only be valid for three days from the date of issue thereof, including the day of
issue .
5. The licensee shall produce all removal permits which he shall receive for opium
sold under the provisions of this licence to the Superintendent of Imports and Exports
or to an excise officer, whenever required .
6. No opium sold under the provisions of this licence shall be exported by a
foreign vessel to any treaty port except Canton, and then only by the regular river
steamers.
7. The licensee shall allow the Superintendent or his deputy at any time during
the continuance of this licence, whether by day or night, to enter and search for defi
ciencies any dwelling house, shop , or other building or place used by him.
8. In the event of any deficiency being found upon search as aforesaid, or of the
breach of any of these conditions, the Governor shall be at liberty to cancel this licence
without any previous notice to the licensee.
9. The licensee shall enter into a bond with two valid sureties, conditioned in the
penal sum of five thousand dollars, for the due performance of each of these conditions.
10. This licence shall not be transferable except with the permission of the Treas
urer first obtained.
11. The licensee shall not remove his business from one shop or house to another
shop or house without the permission of the Treasurer.
NOTE . For superseded regulations under section 15 of the 20th March, 1886, see Gazette
of same date.
1778 ORDINANCES Nos. 2 AND 3 OF 1884.
Naturalization. Exportation of Military Stores.
No. 2 of 1884.
An Ordinance for the naturalization of WILLIAM DOBERCK.
[ 26th March, 1884. ]
HEREAS WILLIAM DOBERCK has petitioned to be naturalized as a
W
British subject within the limits of this Colony , and whereas it
is expedient that he should be so , naturalized ; Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
――――――――――
as follows :
Naturaliza WILLIAM DOBERCK, shall be, and he is hereby naturalized a British
tion of
WILLIAM subject within this Colony, and shall enjoy within this Colony, but not
DOBERCK.
elsewhere, all the rights , advantages and privileges of a British subject, on
his taking the oath of allegiance under the provisions of the Promissory
Oaths Ordinance, 1869.
No. 3 of 1884 .
An Ordinance to amend Ordinance 3 of 1862.
[ 26th March, 1884. ]
Preamble. E it enacted by the Governor of Hongkong with the advice of the
BE
Legislative Council thereof, as follows :
Ordinance 3 of 1862 is hereby amended, as follows :
Amendment In section 1 , by adding at the end of the section , the words following :
of section 1 .
" The Governor may, in his discretion , at any time whilst any
proclamation made under this Ordinance is in force, permit
to be exported or to be carried coastwise, or to be water
borne to be so exported or carried , any particular articles
or class of articles , the export of which is prohibited by
such proclamation , to such persons and on such terms and
subject to such conditions and regulations , if any, as to the
Governor may seem fit, and may in his discretion at any
time revoke or vary the terms of any such permission .
Whilst any such permission is in force, it shall be lawful
to export the articles so permitted to be exported subject
and according to the terms , conditions and regulations of
such permission .
ORDINANCE No. 4 OF 1884 . 1779
Piers and Wharves.
No. 4 of 1884 .
An Ordinance to authorise CATCHICK PAUL CHATER Esq. to construct
piers and wharves in the harbour of Victoria, and to confer upon
the said CATCHICK PAUL CHATER certain other powers and privileges .
[ 26th March, 1884. ]
HEREAS CATCHICK PAUL CHATER Esq ., of Victoria, Hongkong, Bill and Preamble.
W Bullion Broker, is desirous of constructing, with the consent of the Crown ,
piers, wharves, and tramways in the harbour of Victoria, for purposes in relation to
the loading, discharging, and storing of cargo ; And whereas the said CATCHICK PAUL
CHATER has applied to the Government of the Colony, to confer upon him the necessary
powers for carrying out the construction of such piers, wharves, and tramways by
means of a Public Ordinance, and it is expedient that such an Ordinance should be
granted to the said CATCHICK PAUL CHATER, under and subject to the conditions,
restrictions and provisions hereinafter contained : Be it therefore enacted by the Gov
ernor of Hongkong, with the advice of the Legislative Council thereof, as follows : ---
1. It shall be lawful for the said CATCHICK PAUL CHATER his executors, adminis Power to
construct
trators or assigns, to construct and maintain, for his and their exclusive use, wharves wharves and
piers.
between high and low-water mark, and piers extending into the harbour of Victoria,
at and from any part or parts of that portion of land which lies directly opposite to
the pieces or parcels of ground registered in the Land Office of the Colony as Kaulung
Marine Lots Nos . 9, 11 , 20 and 21 respectively.
2. The said wharves and piers shall be constructed in accordance with plans and Plans and
specifications.
specifications to be deposited in the office of the Surveyor General and approved of by
the Governor in Council, before the said works are commenced .
3. The said CATCHICK PAUL CHATER his executors, administrators or assigns Alterations and
additions.
may, from time to time, make any alterations in, or additions to, the said wharves and
piers, provided the same be in accordance with plans and specifications to be approved
by the Governor in Council .
4. It shall be lawful for the said CATCHICK PAUL CHATER his executors, adminis Power to lay
down tramways.
trators or assigns , subject to the plans and specifications being approved by the Governor
in Council, from time to time to lay down, maintain and renew, sunken and overhead
tramways, or either of such tramways, from the piers and wharves across the Praya
connecting the piers and wharves with the premises of the said CATCHICK PAUL CHATER
his executors, administrators or assigns, situated on the Kaulung Lots aforesaid or
adjoining the same ; and also a double line of tramways, 650 yards in length, com
mencing at a point opposite the north west corner of the aforesaid Kaulung Marine Lot
No. 21, thence passing along the centre of the Praya to a point opposite the south
west corner of the aforesaid Kaulung Marine Lot No. 9. The said tramways to be
provided with all proper stations, crossings, bridges, passing places, sidings, junctions ,
rails and conveniences connected therewith, or for the purposes thereof, and the said
1780 ORDINANCE No. 4 OF 1884 .
Piers and Wharves.
CATCHICK PAUL CHATER his executors , administrators or assigns may work and use
the same. Provided always that before the commencement of the construction of the
said sunken and overhead tramways or either of such tramways, the said CATCHICK
PAUL CHATER his executors , administrators or assigns shall deposit in the office of the
said Surveyor General plans and specifications shewing in detail the mode of construction
of the said sunken and overhead tramways, which said plans and specifications shall
be approved of by the Governor in Council.
Power to alter 5. Subject to the approval of the Governor in Council being first obtained, it
tramways.
shall be lawful for the said CATCHICK PAUL CHATER his executors, administrators or
assigns, from time to time to alter the existing, and construct, maintain and renew
subject to the provisions of this Ordinance and in accordance with plans to be previously
deposited by the said CATCHICK PAUL CHATER his executors, administrators or assigns
in the office of the Surveyor General, all such stations, crossings, bridges, passing
places, sidings , junctions, rails and other works, in addition to those particularly
specified in and authorized by this Ordinance, and may work and use the same.
Gauge of 6. The sunken tramways referred to in this Ordinance shall be constructed on a
tramways.
gauge not exceeding 2 feet in width, and with two steel grooved rails, which said rails
shall before being laid down be approved of by the Surveyor General, and shall be
laid and maintained in such manner, that the uppermost surface thereof shall be on a
level with the surface of the road. Provided that the Governor in Council may from
time to time require the said CATCHICK PAUL CHATER his executors, administrators
or assigns to adopt and apply such improvements in the said sunken or overhead
tramways including their rails , sleepers , bridges and substructure as experience may
suggest, having regard to the greater security of the public and advantage to the
ordinary traffic, and the said CATCHICK PAUL CHATER his executors, administrators
or assigns shall with all reasonable despatch, comply with any order made by the
Governor in Council for the purpose of carrying out any such improvements.
Power to break 7. The said CATCHICK PAUL CHATER his executors administrators or assigns
up roads.
may from time to time for the purpose of making, forming, laying down, maintaining,
renewing, altering, adding to or removing any tramway under this Ordinance, or any
part or parts thereof respectively, open and break up any road subject to the following
regulations :
1. They shall give to the Surveyor General notice of their intention, speci
fying the time at which they will begin to do so, and the portion of
road proposed to be opened or broken up, such notice to be given seven
days at least before the commencement of the work.
2. They shall not open or break up or alter the level of any road except with
the authority, under the superintendence, and to the satisfaction of the
Surveyor General .
ORDINANCE No. 4 OF 1884 . 1781
Piers and Wharves.
8. When the said CATCHICK PAUL CHATER his executors, administrators or Completion of
work and
reinstatement of
assigns shall have opened or broken up any portion of any road, they shall be under road.
the following further obligations , namely :
1. They shall with all convenient speed , complete the work on account of
which they opened or broke up the same, and (subject to the formation,
maintaining, renewal, or alteration of addition to or removal of the tram
way) fill in the ground and make good the surface, and to the satisfaction
of the Surveyor General, restore the road to as good condition as that in
which it was before it was opened or broken up .
2. They shall in the meantime cause the place where the road is opened or
broken up to be fenced and watched and to be properly lighted at night.
If the said CATCHICK PAUL CHATER his executors, administrators or assigns fail
to comply with this section , they shall, for every offence (without prejudice to the
enforcement of the specific performance of the requirements of this Ordinance, or to
any other remedy against them) be liable to a penalty not exceeding one hundred
dollars, and to a further penalty not exceeding 25 dollars for each day during which
any such failure continues after the first day on which such penalty is incurred .
9. The said CATCHICK PAUL CHATER his executors, administrators and assigns Penalty for not
maintaining
shall maintain in good condition and repair, and at their proper level so as not to be a rails at their
proper level and
in good condi
danger or annoyance to the ordinary traffic, the rails of which any of the tramways for tion.
the time being consist, and the substructure upon which the same rest ; and if the
Surveyor General, shall from time to time, or at any time hereafter, alter the level of
any road along or across which any of the said tramways shall be laid, then and in
such event, and so often as the same shall happen, the said CATCHICK PAUL CHATER
his executors, administrators or assigns, shall at his or their own expense, alter the
rails so that the uppermost surface thereof shall be on a level with the surface of the
road as altered, and , if the said CATCHICK PAUL CHATER his executors, administrators
or assigns make default in complying with this section, they shall, for every offence,
be subject on conviction to a penalty not exceeding twenty- five dollars , and , in case of
continuing offence, to a further penalty not exceeding ten dollars for every day after
the first on which such default continues.
10. The said CATCHICK PAUL CHATER his executors, administrators or assigns Lights.
shall cause to be affixed on the said wharves and piers, and to be exhibited from sunset
to sunrise, such lights as the Harbour Master may from time to time direct.
11. The said CATCHICK PAUL CHATER his executors, administrators or assigus Prevention of
silting, &c.
shall take such measures as may be necessary to prevent silting or the accumulation of
mud, sand , or other matter around the wharves and piers, and shall conform to such
regulations as the Governor in Council may deem it expedient to make for the purpose
of preventing obstruction to the traffic of the Praya.
1782 ORDINANCE No. 4 OF 1884 .
Piers and Wharves.
Proceedings on 12. In the event of the said CATCHICK PAUL CHATER his executors, administrators
non-prevention
of silting, &c. or assigns making default in complying with the provisions in the last preceding section
relating to the prevention of silting, or the accumulation of mud , sand, or other matter
around the wharves or piers, the Governor in Council, if satisfied after due enquiry
made that the said CATCHICK PAUL CHATER his executors , administrators or assigns,
has or have been guilty of the alleged default , shall make an order to be served on the
said CATCHICK PAUL CHATER his executors , administrators or assigns, limiting a time
for the performance of his or their duty in that behalf, and if such duty is not per
formed by the time limited by the order, the Governor in Council shall appoint some
person or persons to perform the same, and shall by order direct, that the expenses of
performing the same, together with a reasonable remuneration to the person or persons
appointed for superintending such performance, and amounting to a sum to be specified
in the order, together with the costs of proceedings ( if any) , shall be paid by the said
CATCHICK PAUL CHATER his executors, administrators or assigns, and any order made
for the payment of such expenses and costs may be removed into the Supreme Court,
and may be enforced in the same manner as if the same were an order of such Court.
Priority ofuse 13. All vessels belonging to, or engaged in the service of Her Majesty's Govern
to Queen's ships.
ment shall have priority of use of the wharves and piers at the ordinary current rates
for mercantile vessels, without prejudice to the rights of other vessels actually using
the wharves or piers.
Powers to make 14. It shall be lawful for the said CATCHICK PAUL CHATER his executors, admin
rules and
regulations, istrators or assigns, from time to time to make such rules and regulations, as may
be necessary for the general management of his and their business . Provided always
that no such rules and regulations, nor any repeal or variation thereof, shall come into
force until the same shall have been approved by the Governor in Council, and shall
have been published in the Gazette.
Penalty for 15. Save as otherwise is enacted herein every person who shall commit a breach of
breach of rules
and regulations. any of the rules and regulations made in pursuance of this Ordinance, shall, on sum
mary conviction thereof before a Magistrate, be liable to a fine not exceeding fifty dollars.
Proof of rules 16. In all proceedings before any Court, the rules and regulations in force for
and regulations.
the time being under this Ordinance, shall be sufficiently proved by the production of
a copy of the Gazette in which the same shall be published and contained .
Governor in'
Council may 17. If the said CATCHICK PAUL CHATER his executors , administrators or assigns
make rules and
regulations in shall fail to make or vary such rules and regulations, as in the opinion of the Governor
certain event.
in Council are requisite for the protection of the rights of the inhabitants of the
Colony, and for the prevention of injury to navigation, the Governor in Council shall
make an order to be served upon the said CATCHICK PAUL CHATER his executors,
administrators or assigns, limiting a time for the making or varying of such rules and
regulations, and if such rules and regulations are not made or varied by the time
prescribed in such order, the Governor in Council may make or vary such rules and
regulations, which when made or varied, and published in the Gazette, shall have the
same force and effect as if they were specially enacted herein.
ORDINANCE No. 4 OF 1884 . 1783
Piers and Wharves.
18. The said CATCHICK PAUL CHATER his executors, administrators or assigns Rules and
regulations to
shall, from time to time, cause to be painted on boards, or to be printed and attached be painted and
exhibited.
in large and legible characters in English and Chinese, a statement of the rules and
regulations in force, and shall cause such boards containing such statement to be fixed
on some conspicuous part of the wharves or piers.
19. If at any time before the completion of the works, the said CATCHICK PAUL Power to
Governor in
Council to abate
CHATER his executors, administrators or assigns shall fail to proceed therewith for a and remove
works in certain
period of six months, or after the completion thereof shall disuse the same or any events.
part thereof for six months, without affording to the Governor in Council some satis
factory reason for the discontinuance or disuse of the said works, (as the case may be) ,
it shall be lawful for the Governor in Council to abate and remove the same, and
restore the site thereof to its former condition at the costs of the said CATCHICK
PAUL CHATER his executors, administrators or assigns, and the amount of such costs
shall be a debt due to the Government, and recoverable against the said CATCHICK
PAUL CHATER his executors , administrators or assigns accordingly.
20. Subject to the approval of the Governor in Council being first obtained (but Power to sell.
not otherwise ) , the said CATCHICK PAUL CHATER his executors, administrators or
assigns, may at any time, and from time to time sell , assign or absolutely dispose of
the undertaking, or any part or parts thereof to person, corporation, or company, by
public auction, or such private contract, or partly by public auction and partly by
private contract, and with, under and subject to such terms and conditions in all
respects as the said CATCHICK PAUL CHATER his executors, administrators or assigns
shall think fit , with power at any such sale to fix a reserve price for, or buy in the
same, and when any such sale, assignment, or absolute disposal has been made, all
the rights , powers, authorities , obligations and liabilities of the said CATCHICK PAUL
CHATER his executors , administrators or assigns in respect to the undertaking or part
or parts thereof sold , assigned or absolutely disposed of, shall be transferred to , vested
in, and may be exercised by, and shall attach to the person or persons , corporation ,
or company to whom the same has been sold, assigned or absolutely disposed of, in
like manner as if the undertaking, or part or parts thereof sold, assigned or absolutely
disposed of, was or were constructed by such person or persons, corporation or
company under the powers conferred upon him or them by this Ordinance, and in
reference to the same he or they shall be deemed to be the said CATCHICK PAUL
CHATER his executors, administrators or assigns.
21. Subject to the approval of the Governor in Council being first obtained (but Power to demise.
not otherwise) , the said CATCHICK PAUL CHATER his executors, administrators or
assigns may, at any time, and from time to time demise their undertakings or any part
or parts thereof, to such person, corporation or company, for such term or terms of
years, or from year to year, or for any less period, and for such rent or rents, and upon
such terms and conditions in all respects, as the said CATCHICK PAUL CHATER his
executors, administrators or assigns shall think fit to adopt, to take effect either in
1784 ORDINANCES Nos. 4 AND 5 OF 1884.
Piers and Wharves. Naturalization .
possession or reversion , and either with or without a premium or premiums, as a
consideration or considerations for such demise or demises.
Power to mort 22. It shall be lawful for the said CATCHICK PAUL CHATER his executors , admin
gage.
istrators or assigus, from time to time and at any time to borrow money on mortgage
of all or any part of his undertaking, and for that purpose to assign or demise by way
of mortgage, all or any portion of the said wharves and piers, to any person or persons,
corporation or company, and to enter into all such covenants, provisoes , declarations
and agreements as the said CATCHICK PAUL CHATER his executors , administrators or
assigns shall think fit and proper.
Saving of rights. 23. Nothing in this Ordinance, otherwise than as specially enacted herein , shall
be construed, to interfere in any way with any existing rights in the land on which the
said wharves , piers or tramways are to be constructed , or the lands or foreshore
adjoining the same, and the power and privileges given by this Ordinance are so given,
saving and reserving always the rights of Her Majesty, and of all bodies politic and
corporate, and of all other persons and those claiming by, from , and under them
except as herein otherwise provided .
Duration of Or 24. This Ordinance shall continue in force for 20 years to be computed from the
dinance.
31st day of March, 1884. Provided always that the Governor in Council may, from
time to time, so often as the Governor in Council shall think it expedient, by order, to
be published in the Gazette, declare that the duration of this Ordinance shall be
extended for any further term or terms not exceeding ten years at a time, and there
upon this Ordinance shall continue in force for such extended period.
Commencement 25. This Ordinance shall come into force on a day to be proclaimed by the
f Ordinance.
Governor.
[In force from 31st March, 1884, by proclamation of the 29th March, 1884.
Repealed by Ordinance No. 4 of 1887.]
No. 5 of 1884.
An Ordinance for the naturalization of TSEUNG Sz-Kái.
[ 2nd April, 1884. ]
WHEREAS TSEUNG SZ -KAI has petitioned to be naturalized as a
British subject within the limits of this Colony, and whereas it
is expedient that he should be so naturalized ; Be it enacted by the Gov
ernor of Hongkong, with the advice of the Legislative Council thereof, as
follows :
Naturaliza TSÉUNG SZ -KÁI , shall be , and he is hereby naturalized a British subject
tion of
TSEUNG within this Colony, and shall enjoy within this Colony, but not elsewhere,
SZ-KÁI.
all the rights , advantages and privileges of a British subject , on his taking
the oath of allegiance under the provisions of the Promissory Oaths
Ordinance, 1869.
ORDINANCE No. 6 OF 1884 . 1785
Medical Registration.
No. 6 of 1884.
An Ordinance entitled The Medical Registration Ordinance, 1884.
[ 2nd April , 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the
B ―――――――
Legislative Council thereof, as follows :
1. This Ordinance shall commence and come into operation on the Commence
ment of
5th day of April , 1884 . Ordinance.
2. This Ordinance shall not operate to limit the right of Chinese Ordinance
not applicable
practitioners to practice medicine or surgery or to receive demand or to Chinese
practitioners.
recover reasonable charges in respect of such practice .
3. The Colonial Secretary shall keep a register of medical and Colonial
Secretary to
surgical practitioners qualified to practise medicine and surgery in this keep register.
Colony.
The register shall be, as nearly as may be, according to form A in
the schedule to this Ordinance.
4. A copy of the register shall be published by the Colonial Copy of
register to be
Secretary in the Gazette of the 3rd day of May, 1884 ; and thereafter a published in
the Gazette .
copy of the register, as it stands at any such time, shall be published by
the Colonial Secretary in the first Gazette issued after every succeeding
3rd day of May.
Any copy of the Gazette containing the most recent copy of the
register shall be primâ facie evidence in all legal proceedings that the
persons therein specified are registered under this Ordinance ; and the
absence of the name of any person from such copy shall be primâ facie
evidence that such person is not registered under this Ordinance .
5. The Colonial Secretary shall keep the register correct in accord Alterations
may be made
ance with the provisions of this Ordinance, and make from time to time in the re
gister.
the necessary alterations in the addresses or qualifications of the persons
registered under this Ordinance, and cancel in the register the names of
all persons registered under this Ordinance who have died or ceased to
be qualified.
The Colonial Secretary may write a letter to any registered person
addressed to him according to his address in the register to inquire
whether he has changed his residence, and if he does not receive an
answer to such letter within six months after the sending thereof, he may
cancel in the register the name of such person.
1786 ORDINANCE No. 6 or 1884.
Medical Registration.
Registered 6. Every person registered under this Ordinance or entitled to the
persons
entitled to benefit of section 20 of this Ordinance, shall be entitled to practise medi
practise and
to demand cine and surgery in this Colony, and to demand and recover reasonable
charges.
charges for medical or surgical aid rendered by such person , and the
costs of medicines or surgical appliances supplied by him.
Unregistered 7. No person shall be entitled to recover in any action any charge
persons
cannot for any practice of medicine or surgery after the 3rd day of May, 1884 ,
recover
charges. by any person not either registered under this Ordinance or entitled to
the benefit of section 20 of this Ordinance.
Interpreta 8. The words " legally qualified medical practitioner, " or " duly
tion of terms .
qualified medical practitioner," or any words importing a person recog
nised at law as a practitioner in medicine or surgery, or as any kind of
a member of the medical profession, where used in any Ordinance , shall
be construed to mean a practitioner registered under this Ordinance .
Certificate of
9. No certificate signed after the 3rd day of May, 1884 , which
unregistered
person void. certificate is, by any Act or Ordinance , required to be signed by a phy
sician , a surgeon , an apothecary, or any other medical or surgical practi
tioner, shall be valid unless the person signing it be registered under
this Ordinance.
The Medical 10. A board to be styled the Medical Board shall be established
Board.
under this Ordinance and shall consist of the Senior Military and Naval
Medical Officers for the time being in the Colony, and any two registered
medical practitioners and any three other fit persons willing to accept the
appointment who may be from time to time thereto appointed by the
Governor. Members appointed by the Governor shall hold office for 3
years and no longer unless re- appointed by the Governor and may be
removed by the Governor at pleasure. Three members of the board shall
form a quorum.
The board shall consider and report upon all matters laid before it
under sections 13 or 14 of this Ordinance as therein provided.
Production of 11. Any person claiming to be entitled under the Acts of the United
certain
papers Kingdom 21 and 22 Victoria , chapter 90 , and 31 and 32 Victoria , chapter
necessary
before regis 29, to be registered in Hongkong under this Ordinance, shall be so regis
tration.
tered upon producing to the Colonial Secretary , in proof of his title thereto ,
a declaration, according to the form B in the schedule to this Ordinance ,
made by him before any Justice of the Peace, and impressed with a stamp
ORDINANCE No. 6 OF 1884. 1787
Medical Registration.
for duty, by way of registration fee , of $ 5 : Provided that the name of
such person appears in " The Medical Register " then most recently
published under the Act of the United Kingdom, 21 and 22 Victoria,
chapter 90 , or he produces to the Colonial Secretary a certified copy of
the entry of his name in the general register or in any branch register
of the United Kingdom , signed by the Registrar of the General Medical
Council or of any Branch Council of the United Kingdom .
12. Any medical or surgical practitioner who , pursuant to law, is Persons
registered in
registered as such and entitled accordingly to certain privileges in prac Colonies
entitled to
tising medicine or surgery , according to his qualifications in any one or be registered
here.
more of the provinces of the Dominion of Canada , or in any other British
Colony other than Hongkong , shall , upon proof thereof, be entitled to be
registered accordingly under this Ordinance. Documentary evidence of
his being thus lawfully registered in such other Colony may be submitted
to the Colonial Secretary by any such practitioner who wishes to be
registered in Hongkong. If the Colonial Secretary is satisfied that such
evidence establishes sufficient proof of the registration in such other
Colony and of the identity of the applicant, he shall give to the practi
tioner a certificate to that effect, according to the form C in the schedule
to this Ordinance and , upon the applicant returning the same to him duly
impressed with a stamp of $5 for duty by way of registration fee , shall
register him accordingly under this Ordinance. Ifthe Colonial Secretary
is not satisfied, he shall submit the case to the Governor in Council for
decision as to whether he shall or shall not give such certificate, and such
decision shall be final.
13. Any medical or surgical practitioner holding a diploma , a Persous hold
ing diplomas,
licence, or a certificate of any kind concerning his professional qualifica &c. entitled to
be registered.
tions granted to him by any University or by any College or Faculty of
Physicians or Surgeons, after and in consequence of his having passed
through a course of study and examination as thorough and sufficient as
is the mininum course in any like case approved by Her Majesty's Most
Honourable Privy Council , under section 21 of the Act of the United
Kingdom , 21 and 22 Victoria , chapter 90 , shall, upon proof that such
diploma, licence, or certificate was so granted , be entitled to be registered
accordingly under this Ordinance. Documentary or other evidence of his
identity, and' of the fact that such diploma, licence, or certificate was so
granted may, together with his diploma, licence , or certificate, be submitted
to the medical board by any practitioner who wishes to be so registered
17SS ORDINANCE No. 6 OF 1884.
Medical Registration .
and such evidence shall, without delay, be taken fully and fairly into
consideration by the board . If the board are satisfied that the evidence
establishes sufficient proof that the practitioner has passed through a
course of study and examinations as aforesaid , they shall give to such
practitioner a certificate to that effect , according to the form D in the
schedule to this Ordinance, and such certificate when impressed with a
stamp for duty by way of registration fee of $ 25 shall be to the Colonial
Secretary authority for registering the practitioner accordingly. If the
board are not satisfied , they shall submit the case, with a full report of
their opinions about it, and of the grounds on which those opinions are
based , to the Governor in Council , for decision as to whether they shall
or shall not give the certificate as aforesaid ; such decision shall be final ,
and, if in the applicant's favour, shall entitle him to have given to him
such a certificate as aforesaid .
Striking off 14. If any practitioner registered under this Ordinance is convicted
the register.
of any felony or misdemeanour, or, after due inquiry , is considered by
the medical board to have been guilty of infamous conduct in any pro
fessional respect, the medical board may, if they think fit, inform the
Colonial Secretary thereof stating the particulars of the case in full , and
the Colonial Secretary may thereupon if he thinks fit, strike the name of
such practitioner off the register.
Appeal to 15. All questions respecting the right of any person to be registered ,
Governor in
Council. or the mode of registration , or the liability of any person to be struck off
the register, and all questions respecting any alteration of the register,
shall , in case of dispute , be decided , subject to an appeal to the Governor
in Council. It there is no such appeal, the order, direction , or decision
shall be final . If there is such an appeal, the decision of the Governor in
Council shall be final, and he may give all such directions to the Colonial
Secretary as may be necessary for enforcing such decision .
Makinga false 16. Any person who wilfully makes before any Justice of the Peace
declaration.
any false declaration , purporting to be a declaration under this Ordinance ,
shall be guilty of perjury.
Fraudulent 17. If any person fraudulently procures or attempts to procure
registration.
himself or any other person to be registered under this Ordinance by
making or producing , or causing to be made or produced, any false or
fraudulent representation or declaration , either orally or in writing, he
and every person aiding and assisting him therein shall be guilty of a
ORDINANCE No. 6 OF 1884. 1789
Medical Registration.
misdemeanour , and shall, on conviction thereof, be liable to be imprisoned ,
with or without hard labour, for any term not exceeding two years .
18. Any person who after the 3rd day of May, 1884 , wilfully or Penalty on
unregistered
falsely takes or uses in this Colony any name or title or addition , imply persons.
ing a qualification to practise medicine or surgery, or who not being
either registered under this Ordinance or entitled to the benefit of section
20 of this Ordinance practises for gain or professes to practise or publishes
his name as practising medicine or surgery or receives any payment as
practising medicine or surgery , shall be liable for each offence , on summary
conviction before a Police Magistrate, to a penalty not exceeding one
hundred dollars .
19. All civil medical officers and all medical officers of Her Ma Civil, Army
andNavyMed
jesty's Army and Navy, respectively serving in Hongkong on full pay, ical Officers,
deemed
shall be deemed to be registered under this Ordinance. registered .
Persons actu
20. Any person actually practising medicine or surgery in the
ally practis
Colony at the date of the commencement of this Ordinance and objecting ing and ob
jecting to be
to be registered under its provisions who before the 3rd day of May, 1884 , registered.
satisfies the Colonial Secretary that he was so practising shall be deemed
to be a person entitled to the benefit of this section .
The Colonial Secretary shall publish a list of the names of all such
persons in the Gazette of the 3rd day of May , 1884 , and a copy of the
said Gazette shall be primâ facie evidence in all legal proceedings that
the persons therein specified are persons entitled to the benefit of this
section and the absence of the name of any person from such copy shall
be primâ facie evidence to the contrary.
Form A.
Persons qualified to practise medicine and surgery.
Nature of Date of
Name. Address.
qualification. qualification.
1790 ORDINANCE No. 6 OF 1884.
Medical Registration.
Form B.
I, A.B., residing at
do hereby
declare, that I am a member (or as the case may be) of (here state the college, faculty ,
or society) and was authorised by such (here state the college, faculty, or society which
gave the authority) on the day of 18 , to practise
medicine and surgery, and that I am by the name of A. B. , duly registered in the
United Kingdom under the provisions of the Act 21 and 22 Victoria, chapter 99, as
qualified to practise medicine and surgery.
Signed A. B.
Declared before me this day of 18
C.D. , Justice of the Peace ,
Form C.
I , A.B. , Colonial Secretary, do hereby certify that C.D. has satisfied me that he is
a medical practitioner, registered as such, and entitled to practise medicine and surgery
in (name of Colony) , and I give this certificate accordingly under section 12 of the
Medical Ordinance , 1884.
Dated this day of 18
A. B.,
Colonial Secretary.
Form D.
We, the medical board, do hereby certify that A.B. has satisfied us that he is a
medical practitioner, holding a diploma (or as the case may be) (granted to him by as
the case may be) in consequence of his having passed through a course of study and
examinations as thorough and sufficient as is the minimum course in such a case
approved by Her Majesty's Most Honourable Privy Council under section 21 ofthe
Act of Parliament 21 and 22 Victoria, chapter 90, and we give this certificate accord
ingly under section 13 of the Medical Ordinance , 1884.
Dated this day of 18
(To be signed by a majority of the Board) .
ORDINANCES Nos. 7 AND 8 OF 1884. 1791
Dangerous Goods. Criminal Procedure.
No. 7 of 1884 .
An Ordinance entitled The Dangerous Goods Ordinance, Amend
ment Ordinance, 1884.
[ 9th April, 1884. ]
BE it enacted by the Governor of Hongkong with the advice of the
Legislative Council thereof as follows :
Section 11 of Ordinance 8 of 1873 is hereby amended by striking out Ordinance 8
of 1873
from the words, " This section shall not apply," down to the words , amended.
" Fifteen Pounds ," both inclusive, and inserting in lieu thereof the words :
" This section shall not apply to kerosine kept for private use
when the amount does not exceed ten gallons , and the same
is kept in closed vessels each of which contains not more
than 3 gallons ."
No. 8 of 1884.
An Ordinance entitled The Criminal Procedure Amendment
Ordinance, 1884.
[ 10th April, 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the
BE
Legislative Council thereof, as follows :
1. Section 12 of Ordinance 3 of 1865 is hereby amended by striking Amendment
of section 12
out the words " and five days at least before the day therein specified for of Ordinance
3 of 1865.
trial."
2. Section 1 of Ordinance 23 of 1882 is hereby amended by striking Amendment
of section 1 of
out the first clause, and also by striking out from the third clause the Ordinance 23
of 1882.
words " six days at least before the day specified in the said notice of trial
to one of the bailiffs of the Court."
1792 ORDINANCES Nos. 9 AND 10 OF 1884.
Penal Ordinances. Savings Banks.
No. 9 of 1884.
An Ordinance to amend Ordinance 3 of 1881 .
[ 10th April, 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
Ordinance 3 1. Ordinance 3 of 1881 is hereby amended as follows , viz . : --
of 1881
amended.
In section 3 , by adding at the end of the section the words " and
shall specify the number of strokes or lashes and shall
further provide :
(a. ) Except in the case of a person under the age of 14
years summarily convicted that the same shall
be inflicted in some prison , and
(b. ) In the case of a person under the age of 14 years
summarily convicted that the same shall be
inflicted privately ."
No. 10 of 1884.
An Ordinance to facilitate the business of Savings Banks .
[ 10th April , 1884. ]
B it enacted by the Governor of Hongkong, with the advice of the Legislative
B Council thereof, as follows :
Rules to be 1. The managers of any savings bank established in the Colony may submit the
approved by
Governor in rules for the constitution and for the conduct of the business of such bank to the
Council.
Governor in Council for approval and the Governor in Council may, by order, approve
of such rules with or without modification or may disapprove of the same.
ORDINANCES Nos. 10 AND 11 OF 1884. 1793
Savings Banks. French Mail Steamers.
2. When the Governor in Council approves of such rules, the rules together with Rules to be
published.
a notification of such approval shall be published in the Gazette and thereupon the
-
following provisions shall apply in relation to such savings bank, that is to say :
(a.) All covers containing pass-books , registered letters containing stamps or Correspondence.
&c., exempted
other remittances, and all correspondences as to the business of the from postage .
bank shall if marked as on business of the said bank, be forwarded
free of postage or registration fee by the Post Office of Hongkong ;
(b.) No power warrant or letter of attorney given by any depositor in such Certain papers
exempted from
back to any other person authorising him to make any deposit in the stamp duty.
bank on behalf of the said depositor or to sign any instrument or docu
ment whatsoever required in the course of the business of any depositor
with the bank shall be subject to any stamp duty ;
Provided that it shall be in the discretion of the Governor in Council at any time by
order, to withdraw his approval of any such rules, and that upon such withdrawal being
notified in the Gazette, the foregoing provisions shall cease to apply in relation to such
bank.
[ Disallowance notified in Gazette 2nd May, 1885. ]
NOTE. For rules of the Hongkong Savings Bank approved the 16th April, 1885, see
Gazette the 19th of the same month.
No. 11 of 1884 .
An Ordinance entitled The French Mail Steamers Ordinance continuation
Ordinance , 1884 .
[ 10th April , 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
―
BR Council thereof, as follows :
1. Ordinance 6 of 1880, entitled An Ordinance to make temporary provision for
securing the status of French Mail Steamers within the Ports of the Colony ofHongkong, shall
continue in force until the first of September, 1885 , inclusive .
[ Repealed by Ordinance No. 4 of 1887.]
1794 ORDINANCE No. 12 OF 1884.
Post Office.
No. 12 of 1884.
Title. An Ordinance entitled The Post Office Ordinance , 1884 .
[ 23rd April, 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative
-
BR Council thereof, as follows :
Interpretation. 1. 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.
Correspondence shall mean any letter, newspaper, book, pamphlet, document, 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 transmission ;
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 authorized to receive or deliver letter bags or corres
pondence 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 Postmaster,
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.
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 cor
respondence under contract.
Master of a Vessel shall mean any person in charge of a vessel, whether commander,
mate, or other person .
Vessel shall mean any ship or other vessel not being a contract packet.
ORDINANCE No. 12 OF 1884. 1795
Post Office.
2. There shall be one General Post Office of the Colony where correspondence General Post
Office.
may be received from all places, and whence correspondence may be despatched to all
places, and the Post Office at the time of the passing of this Ordinance shall be such
General Post Office until the site thereof is changed by the Governor.
The Governor may establish such District Post Offices in the Colony as he
thinks fit.
Management.
3. The Postmaster General, and all other officers of the Post Office at the time Postmaster
General and
officers con
of the passing of this Ordinance shall be continued in their offices, and shall have all tinued in their
offices.
the powers and privileges hereby conferred upon the holders of their respective offices.
4. The Governor may from time to time appoint a Postmaster General of the Appointinent
of officers in
future.
Colony, and all necessary Assistant Postmasters General, Postmasters, agents , clerks ,
or servants for conducting the business of the Post Office, and may remove any officers
so appointed.
5. No person appointed after the passing of this Ordinance shall be capable of Declarations.
holding the office of Postmaster General, or Assistant Postmaster General , or Post
master, or Agent, unless he shall have first made and subscribed before a Justice of
the Peace, or one of Her Britannic Majesty's Consuls, the declaration contained in
the schedule A hereto annexed, and no person appointed after the passing of this
Ordinance 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.
6. 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 authorized to
receive and de
liver all corre
sole power, within the Colony, of receiving from all persons authorized to deliver the spondence.
same all letter bags and correspondence arriving in the Colony ; and with sole power,
within the Colony, of collecting, receiving, and delivering to all persons authorized 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 , unless exempt by law, shall be delivered in, or transmitted
from the Colony otherwise than by or through the General Post Office.
7. All correspondence which, by any Act of the Imperial Parliament, is excepted Letters excepted
under Acts of
from the exclusive privilege of the Imperial Post Office , shall within this Colony be Imperial Parlia
ment.
excepted from the exclusive privilege of the Postmaster General of the Colony.
8. The Postmaster General shall receive all postage payable in the Colony and Receipt of
postage, and
shall keep accounts of all correspondence received and despatched by him, with the accounts.
particulars of the postage thereof, in such manner and form as the Governor may, from
1796 ORDINANCE No. 12 OF 1884.
Post Office.
time to time, direct ; Provided 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 transmit such monies in such manner as
the said Imperial Postmaster General may, from time to time, direct.
Governor in 9. The Governor in Council may, from time to time by order determine the rates
Council may
fix rates of
postage. of postage to be charged upon all correspondence sent by post from the General Post
Office of the Colony, or received therein from places outside the Colony, and may
revoke, alter, or add to any such order, provided that no such order be inconsistent
[with any postal Treaty applicable to this Colony. Repealed by Ordinance No. 11 of 1885,
and new words substituted . ]
Orders to be 10. 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
in this Ordinance . All such Orders in Council in force at the time of passing of this
Ordinance are hereby continued in force until duly revoked or altered by the Governor
in Council.
The Postmaster 11. The Postmaster General may, subject to such Treaty [amended by Ordinance No.
General may
make regula 11 of 1885, ] as aforesaid, from time to time, make, alter, and repeal, in relation to
tions.
correspondence sent by post, such regulations as he thinks fit for regulating times and
modes of posting and delivery, prepayment, 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 Postmaster General from time to time thinks [ amended by Ordinance No. 11 of 1885]
necessary for the better execution of this Ordinance.
All such regulations as affect the public shall be [ approved by the Governor in Council
and repealed by Ordinance No. 11 of 1885, ] published in the Gazette, or in the Postal
Guide published by the Postmaster General, and shall have no effect until so published.
Decision as to
newspapers, 12. If a question arises whether any article or 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 , provided that the Governor may, if he thinks fit, on
the application of any person interested, reverse or modify such decision , and order
accordingly.
Paid correspond 13. All correspondence which arrives in this Colony fully paid according to the
ence to be
delivered or
transmitted rates in force for the time being shall be delivered or transmitted from the Post Office
without further
charge. without further charge.
Seamen's and 14. All letters received or sent by sailors or soldiers of Her Majesty's sea or land
soldiers ' letters.
forces shall be charged with such reduction in the rates of postage as is allowed to
them by any Act of the Imperial Parliament.
ORDINANCE No. 12 oF 1884. 1797
Post Office.
15. 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
rates of postage payable under this Ordinance, or any regulation thereunder.
16. The Postmaster General may if necessary open and if possible return to the Opening letters.
sender:
( 1.) Any correspondence upon which the prepayment of postage is compulsory, Unpaid letters.
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.
17. 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 if sent
that such packet has been delivered to the Post Office by mistake, the Postmaster in mistake.
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.
18. 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
correspondence.
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 British 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
correspondence.
Despatch and receipt of mails.
19. Every master of a vessel , shall, immediately on arrival, and before reporting Delivery of mails.
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.
20. The Postmaster General shall pay to every master of a vessel, not being at Gratuities to
mastersofvessels
contract packet, a gratuity of two cents for every letter, and one cent for every other inwards.
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 ;
1798 ORDINANCE No. 12 OF 1884.
Post Office.
(3.) On correspondence the gratuity on which is certified by the despatching
office to have been paid.
(4. ) The gratuity payable on such letters transmitted between Hongkong,
Canton, and Macao, in either direction, shall be one cent only.
Gratuities to 21. The Postmaster General may pay like gratuities to any master of a vessel
inasters ofvessels
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 been duly received
from him.
Rates of 22. The powers of the Governor in Council as defined and regulated by sections 9
gratuity.
and 10 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 under this section shall not
be less on the average than the sums otherwise required by this Ordinance to be paid.
Damages for 23. Every master of a vessel who receives such gratuities or to whom such
non-delivery of
mail. gratuities have been credited in the accounts of the Postmaster General shall be held
to have 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 respect 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 pro
posing to 24. Every person or firm proposing to despatch a vessel to any port or place out
despatch vessels
to give notice to of this Colony, excepting vessels plying daily or on fixed days to Macao or to places on
the Postmaster
General. the Canton River, shall , so soon as he has arranged the time for the departure of such
vessel, give the first intimation of such proposed departure to the Postmaster General,
and shall, in like manner, intimate to the Postinaster General any alteration in the day
or hour of departure of the said vessel, and the Postmaster General shall, on receiving
such intimation, 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
default, be liable on conviction thereof to a penalty not exceeding one hundred dollars.
Making up mails 25. The Postmaster General, or any officer of the Post Office authorised by him,
on board.
may attend on board any vessel , after the time for closing the mail by such vessel , and
may receive all fully prepaid correspondence which is brought on board up to the time
of departure to be transmitted by such vessel.
ORDINANCE No. 12 or 1884. 1799
Post Office.
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.
26. Every master of a vessel which is not a contract packet, who commits any of Penalties on
masters of
vessels.
the following offences, shall, on conviction thereof, be liable to a penalty not exceeding
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 Office
on his arrival in the Colony.
Refusal or wilful neglect to make, or making any untrue statement in the declara
tion hereby required of his having delivered his letters to the Post Office.
Refusal or wilful neglect, if in quarantine, to deliver all correspondence in his
possession to the person appointed to receive it.
27. 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. stampsand 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.
1800 ORDINANCE No. 12 of 1884.
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 corre 28. Every person employed by or under the Post Office, who, without lawful
spondence and
other misde
ineanors, 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 suffers to be
detained or delayed any correspondence ; or who wilfully delivers any correspondence
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 correspondence,
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 29. The sections of the Larceny Ordinance (No. 7 of 1865) relating to receiving
stolen corre
spondence. 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 30. In any proceedings against any person for any offence committed against this
be used in
proceedings 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
employment.
Penalties may 31. All pecuniary penalties for offences against this Ordinance may be recovered
be recovered in
a summary way in a summary way before a Magistrate, but proceedings for the recovery of such penal
within one year.
ties shall be commenced within one year after the offence was committed.
Repeal. 32. Ordinance No. 10 of 1876 is hereby repealed, but such repeal shall not affect
anything lawfully done or commenced to be done thereunder.
Suspending 33. This Ordinance shall take effect on a day to be proclaimed by the Governor.
clause.
ORDINANCE No. 12 OF 1884. 1801
Post Office.
SCHEDULE A.
I, do solemnly and sincerely declare that I will not willingly or knowingly open ,
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 here
after to be in force in the Colony of Hongkong relating to the Post Office of the said Colony,
Declared before me this day of 188 .
"
Justice of the Peace,
or H. B. M. Consul.
SCHEDULE B.
I, do solemnly and sincerely declare that I will not willingly or knowingly open
detain, return, delay, or misdeliver, or cause or suffer to be opened, detained , returned, delayed, or mis
delivered, 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 188 •
Justice ofthe Peace,
or H. B. M. Consul. J
SCHEDULE C.
I do solemnly declare, that I have, to the best of my knowledge and belief, delivered or caused to
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 188 •
[In force from the 5th May, 1884, under proclamation of same date. Repealed
by Ordinance No. 1 of 1887.]
NOTE.-The following Regulations, Orders in Council, &c., were made under the
Ordinance.
Regulations as to Money Orders 7th January, 1885, see Gazette 10th
ofthe same month. 1
Amended Regulations as to Postal Notes 30th January, 1885, see Gazette
31st of the same month.
Order of the 11th March, 1885, as to Adhesive and Impressed Stamps &c.
see Gazette 14th of the sume month.
Regulations as to Money Orders of the 25th March, 1885, see Gazette
28th ofthe same month.
Order as to Rates of Postage 24th September, 1885, see Gazette 26th of
the same month.
1802 ORDINANCES Nos. 13 AND 14 OF 1884.
Barristers, Attornies, and Public Notaries. Merchant Shipping.
No. 13 of 1884 .
An Ordinance to amend Ordinance 3 of 1871.
[ 23rd April, 1884. ]
E it enacted by the Governor of Hongkong with the advice of the
ВЕ -
Legislative Council thereof, as follows :
Ordinance 3 of 1871 , is hereby amended as follows :
Amendment In section 7 , by striking out from the words " before becom
of section 7.
ing bound under articles to any attorney practising within
the Colony " inclusive down to the end of the section .
Provided that such amendment shall not affect the rights of any person ,
who, at the time of the passing of this Ordinance, is a bona fide clerk to
an attorney practising within the Colony , and is bonâ fide engaged in the
transaction and performance under the direction and superintendence of
such attorney, of such matters of business as are usually transacted and
performed by attornies.
No. 14 of 1884.
An Ordinance entitled The Merchant Shipping Ordinance, 1879,
Amendment Ordinance, 1884.
[ 23rd April, 1884. ]
E it enacted by the Governor of Hongkong with the advice of the
BE -----
Legislative Council thereof, as follows :
Ordinance 8 of 1879 , is hereby amended as follows :
Amendment In section 15 , by striking out of sub - section 8 the words " Mem
of section 15,
bers of the Board " and inserting in place thereof the words
" Governor upon the recommendation of the Board," and
by striking out sub- section 9.
ORDINANCE No. 15 OF 1884 . 1803
Stamp.
No. 15 of 1884.
An Ordinance entitled The Stamp Ordinance, 1884.
[ 16th May, 1884. ]
E it enacted by the Governor of Hongkong, with the advice of the Legislative Preamble.
BT Council thereof, as follows :
1. In the construction of this Ordinance the term Collector shall include the person Definitions.
for the time being appointed by the Governor to have the control and management of
the stamp office .
Document shall mean any deed, instrument, or writing whatever. Document.
Material shall mean paper or parchment. Materia?.
Executed and Execution, with reference to documents not under seal, shall mean Execution.
signed and signature respectively.
2. The present Collector and all other officers of the stamp office are hereby Officers
continued.
continued in their offices. There shall be one general stamp office for the Colony, Office.
and such subsidiary stamp offices as the Governor may from time to time in his Subsidiary offices.
discretion appoint.
3. The Governor may from time to time appoint aud remove a chief officer who Staff.
[12 of 1866,
shall have the control and management of the stamp office, and such other officers as s. 3 and 4J
may from time to time be required to carry on the business of the Stamp Office.
4. For every document executed after the coming into force of this Ordinance of Duty payable
under schedule.
any of the kinds specified by the schedule as requiring stamps, there shall be payable [5 of 1868, s. 6.]
to Government a stamp duty of the amount indicated in the said schedule to be proper
for such document.
Every provision contained in the said schedule shall be of the same force as if it
were contained in the body of this Ordinance.
5. The Governor in Council may from time to time make and when made, revoke, Governor in
Council may
add to or alter rules, fixing lower rates of duty than those specified in the schedule, or lower or abolish
duties.
exempting from duty any of the documents mentioned in the schedule , and prescribing [12 of 1866, s. 25.]
the form, size, and material of the stamps to be used , and the mode and place of May make rules.
[See 12 of 1866,
impressing, affixing, or denoting thereupon the value of the same under the provisions s. 8 and 9.]
of this Ordinance, and the manner of writing upon or filling up such stamps, and
authorising or prohibiting the use of adhesive stamps for any documents required to
bear stamps, and generally for the execution of this Ordinance.
Penalties
6. Every person who commits any of the following offences shall, on summary Penalties for non
stamping, &c.
conviction thereof before a Magistrate, be liable to a penalty not exceeding one hundred [12 of 1866, s. 7,
12 and 10.]
dollars , that is to say :
1804 ORDINANCE No. 15 CF 1884.
Stamp.
1. Drawing, accepting, isssuing, endorsing, negociating, paying, or receiving
payment of any bill of exchange, promissory note, or other similar
instrument, or making, executing, or signing (except as hereinafter
provided) any document enumerated in the schedule on unstamped or
insufficiently stamped material.
2. Delivery out of his hands, custody, or power of any document upon which
an adhesive stamp has been affixed under this Ordinance without cancel
ling the said stamp so that it cannot be used again.
3. Any breach of this Ordinance not specially provided for.
Penalties for 7. Every person who commits any of the following offences shall, on summary
frauds.
[12 of 1866, s. 14 conviction thereof before a Magistrate, be liable to a penalty not exceeding five hundred
and 27.1
dollars, that is to say :—
1. Drawing any bill of exchange purporting to be drawn in a set of two or
more without drawing on duly stamped material the whole number of
bills constituting such set.
2. Knowingly and wilfully executing any document charged under the schedule.
with ad valorem duty, in which the consideration money or amount
involved is not truly expressed and set forth, with intent to avoid full
payment of stamp duty, or knowingly and wilfully inserting or setting
forth or procuring to be inserted or set forth in such document a less
amount than the full and true consideration money or amount involved.
Execution out of the Colony.
Execution out of 8. All documents whatever executed out of the Colony shall, when brought into
Colony.
[See 12 of 1866, force or registered within the Colony , be liable to the same rates of stamp duty as if
s. 11.]
they had been executed within the Colony.
Reception in evidence .
Unstamped 9. Except as otherwise provided by this Ordinance, no document liable to stamp
documents not
received in
evidence. duty under this Ordinance shall be received as creating, transferring, or extinguishing
[12 of 1866, s. 15.] any right or obligation , or as evidence in any civil proceeding in any Court of Justice
in the Colony, or shall be acted upon, registered, or authenticated in any such Court or
Public or other office or by any public officer unless such document be stamped accord
ing to this Ordinance or in accordance with the law in force in the Colony at the time
Court may order it was executed. Provided that whatever powers are vested by this Ordinance in the
to be stamped
within certain
limits. Collector as to stamping after execution may be exercised within the limits of such
[ See 12 of 1866,
s. 18.1 powers by any Civil Court, which may direct the Collector to stamp and receive the duty
and penalty, if any, upon any document which might otherwise have been stamped by
him in the exercise of such powers. Such duty and penalty shall be paid into Court,
and shall be remitted to the Collector with the document to be stamped after the docu
ment has been admitted in evidence. [ Repealed by Ordinance No. 2 of 1885 and new
section substituted. ]
ORDINANCE No. 15 OF 1884. 1805
Stamp .
Stamping after execution.
10. The Collector of stamp duty may stamp documents after execution in cases Stamping after
execution.
where he [or the Court ordering such stamping : repealed by Ordinance No. 2 of 1885] shall
be satisfied that the omission or neglect to stamp or to stamp sufficiently did not arise
from any intention to evade payment of stamp duty or otherwise to defraud , subject to
the following rules :
1. Agreements by letter may be stamped at any time within one month after [12 of 1866, s. 19. ]
execution.
2. Bills of exchange and promissory notes executed in the Colony shall not be [12 of 1866, s. 22
and 19,]
stamped after execution.
3. Documents executed out of the Colony shall be stamped when they are received
in the Colony if they have not been previously stamped according to this
Ordinance.
4. In all other cases of stamping after execution there shall be charged as a penalty, [12 of 1866, s. 16 .
if within one month of execution double, if within two months ten times, if
after two months twenty times the deficient duty.
5. If the Collector be satisfied that the omission or neglect to stamp arose solely [Ibid. clause 6,
and 5 of 1868,
from urgent necessity or unavoidable accident, he shall remit the penalty s. 1.]
prescribed by this section. He may require sworn or other evidence as to the
circumstances at his discretion.
Adjudication.
11. Whenever any person is in doubt respecting the proper amount of stamp duty Adjudication [12
of 1866, s. 20.1
payable upon any document, he may apply to the Collector for an adjudication on such
document, at the same time depositing a fee of one dollar, whereon the Collector shall
determine the amount of duty to which such document is liable, and on payment thereof
shall impress the document with stamps to that amount, also with an additional stamp
denoting that the adjudication fee has been paid. And any document bearing the
said adjudication fee stamp shall be received in evidence in any Court or registered by
any public officer as properly stamped , and shall be regarded as properly stamped for
any purpose whatever .
Spoiled Stamps.
12. Whenever material bearing an impressed stamp has become damaged, spoiled , Spoiled stamps
may be allowed.
or unfit for use, the Collector, on its delivery to him, may supply the owner of such [12 of 1866, s. 26.]
spoiled material with stamps of equal value to those originally impressed, subject to
---
the following rules :
1. In the case of unexecuted documents spoiled by error in the writing, defaced by
accident, or rendered useless by unforeseen circumstances before completion,
such allowance may be made within six months of spoiling.
1806 ORDINANCE No. 15 OF 1884.
Stamp .
2. In the case of executed documents found unfitted for the purpose originally
intended by errors therein, or the execution of which cannot be completely
carried out by reason of the death or refusal to sign of any person or other
unforeseen circumstance, or in the case of bills of exchange or promissory
notes no part of which has been delivered to the payee, such allowance may
be made within six months of signature .
Miscellaneous.
Cost of stamps. 13. The expense of the stamp for any bill of exchange or promissory note shall be
[12 of 1866, s. 22.]
borne by the person drawing or making or negociating the same. The expense of any
receipt stamp shall be borne by the person receiving payment.
Collector's acts 14. All decisions , orders, or acts of the Collector may be reversed or modified by
revised by
Governor, the Governor. And whenever any person shall suppose any decision of the Collector
[12 of 1866, s. 28.]
with reference to any document tendered by such person to be stamped , to be erroneous,
it shall be lawful for such person to make application to the Supreme Court in its
Summary Jurisdiction , and such Court, having heard such person and the Collector or
Appeal from his deputy, may order the payment of the duty in dispute, or may make such other
Collector.
order as may be necessary under the circumstances.
Refund of 15. The Governor may order a refund by Treasury warrant of the whole or any
probate duty.
portion of any probate duty which may have been paid to the Collector, for the refund
of which any equitable claim shall be proved to his satisfaction, on the ground of pay
ment of probate duty on the same estate elsewhere, assignment or diminution of value
of the estate, discharge of debts , or other reasonable cause.
Government not 16. The Government shall not be responsible for the loss of or for damage to any
responsible for
loss of or damage document tendered for stamping, whilst in the custody of the Collector, nor shall any
to document.
[12 of1866, s. 21.] officer of the stamp office be responsible for such loss or damage, unless he shall have
caused it wilfully, fraudulently, or by gross negligence.
Offences.
Forging stamps, 17. Every person who forges, alters, or imitates , or assists in forging, altering
&c.
or imitating any stamp used for the purposes of this Ordinauce shall be guilty of
felony. Any stamp impressed in the stamp office by any person without the authority
of the collector, and not accounted for to him shall be held to be forged within the
meaning of this section .
Uttering, and 18. Every person who uses, utters, disposes of, puts off, or without lawful excuse
possession.
is in possession of any forged, altered , or imitated stamp as aforesaid , knowing the
same to be forged , altered , or imitated , shall be guilty of felony, and such stamp or
stamps shall be forfeited to the Crown.
Removing marks 19. Every person who fraudulently removes an adhesive stamp from any docu
and possession.
ment, or wilfully removes or attempts to remove from any adhesive stamp any mark
that has been made thereon by way of cancellation, or knowingly uses, puts off, or is
in possession of any adhesive stamp from which any such mark has been wholly or
partially removed, shall be guilty of a misdemeanor.
ORDINANCE No. 15 OF 1884 . 1807
Stamp.
20. Every person who is convicted of any felony under this Ordinance shall be Penalties.
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. And every person who is con
victed of any misdemeanor under this Ordinance shall be liable, at the discretion of
the Court, to be imprisoned for any term not exceeding two years with or without
hard labour.
Procedure.
21. It shall be lawful for all Courts and Magistrates, and for the Collector, and Impounding
unstamped docu
for all persons employed for the sale and distribution of stamps, and they are hereby ments.
[5 of 1868, s. 2.]
required to take possession of any document as to which any breach of the laws
relating to stamp duties may appear to have been committed, and to deliver the same
to the Collector to be used in prosecuting the offender .
22. No person shall be proceeded against under section 6 or 7 of this Ordinance Limit of prosecu
tions.
except within two years from the date of the offence nor without the consent of the
Attorney General.
23. Ordinances No. 12 of 1866 and No. 5 of 1868 and all orders in Council made Repeal.
thereunder are hereby repealed, but such repeal shall not affect anything lawfully done
or suffered thereunder or any prosecution or any other proceeding for any thing done
contrary to the provisions of the same, while the same were in force.
24. This Ordinance shall come into force on a day to be fixed by proclamation Suspending
clause.
by the Governor.
SCHEDULE
of the proper stamps for such documents as require to be
stamped under this Ordinance.
NOTE. -A document containing or relating to several distinct matters is to be separately and distinctly
charged with duty in respect of each of such matters. Any document liable to stamp duty
under more than one article of this schedule shall be charged under that article which
imposes the highest duty.
1. Adjudication as to the amount of stamp $1.
duty to be levied on any document,.……………….. J
2. Agreement, or any minute or memo
randum of an agreement, not being under seal, or
of the nature of an obligation for the payment of
money, and not specially charged with duty 50 cents
under this schedule, whether the same be only evi
dence of a contract, or obligatory on the parties ;
or in the case of letters offered in evidence to
prove an agreement, any one of such letters, ......
NOTE.-Agreements as to letting or tenancy are in all cases chargeable
as leases. See articles 22 and 24.
1808 ORDINANCE No. 15 OF 1884.
Stamp.
Agreement or contract accompanied with)
the deposit of title deeds to any immovable pro See Mortgage, 26.
perty or for securing the payment or repayment
of any money or stock,
Exemptions. -Label, slip, or memorandum containing the heads of any Insurance to be
effected by means of a duly stamped policy or risk note.
Memorandum, letter, or agreement made for or relating to the sale of any goods, wares, or
merchandise, or to the sale of any shares in any public company, not being a broker's note
or document given by a broker.
Seaman's advance note, or memorandum, or agreement made between the master and
mariners of any shipfor wages.
Emigration contract.
Passage ticket.
3. Arbitration Award, $1.
4. Articles of Clerkship, or contract
whereby any person shall first become bound to
serve as a clerk in order to his admission as an $50.
…………….
Attorney or Solicitor,......... ……………………………….
Assignment, by way of security , or of any See Mortgage, 26.
security,....
Upon a sale, ........ See Conveyance , 14.
5. Attested Copy of any document charge $1.
able with stamp duty under this Schedule,
Average Statement, …………………. See Bond, 10.
6. Bank Cheque payable on demand tol 2 cents.
any person, to bearer, or order, ........ Š
า Two-thirds per cent per annum on the average
value of such notes in circulation. To be col
7. Bank Notes, or other obligations for the lected monthly on a statement thereof to be
payment of money issued by any Banker or Bank furnished by each Banker or Banking Com
ing Company in the Colony for local circulation pany to the Collector of Stamp Revenue at the
and payable to bearer on demand ,……………… end of each month, and to be signed by the
Banker, or Manager, or Agent, and Accountant
of such Banker or Banking Company.
8. Bill ofExchange payable on demand,. 2 cents.
Over $10,........ 2 cents.
99 $50, .... ……………....... 5 29
99 $250, .......10 99
Bill of Exchange, Promissory Note , or 99 .20 99
other obligation for the payment of money, not $500,
99 $ 1,000, .50 19
otherwise specially charged with duty under this 99 $2,000, ****** .$1.00.
schedule, or if bearing no date of making or 99 $3,000 , $1.50.
payment, ........ $5,0009, .***..... .$2.00.
99
$10,000 , .......... $3.00 .
Every additional $5,000 or part thereof,...$0.50.
[ Repealed by Ordinance No. 2 of 1885 and new
column substituted . ]
Note. -When Bills of Exchange or other such documents are drawn in sets of two or more, half the
above duties to be charged on each part of a set. If the duty be ents the first part of
the set shall be charged 3 cents, and the other parts 2 cents each.
Exemption. - Bili or Promissory Note for $ 10 and under. Bill on the owners of any
vessel for wages due to any seaman ofsuch vessel.
9. Bill of Lading, or ship's receipt where
bills of lading are not used, for each part of 10 cents.
every set, ……………. ......... ... }|
Exemption.- Bill of Lading for goods shipped by any Government Officer on account of
Government.
ORDINANCE No. 15 OF 1884. 1809
Stamp.
10. Bond, or other obligation concerning
Respondentia and Bottomry, and Average 10 cents for every $100 or part thereof.
Statement, or Bond where no statement is drawn
up, ……………...
Bond for securing the payment or repayment
of money not otherwise provided for, or for the
transfer or re-transfer of stock, or accompanying See Mortgage, 26.
the deposit of Title Deeds to any immovable
property,
Bond, See also Articles 4, 20 , 21 , 33.
11. Broker's Note, or any document hav
ing reference to the sale or purchase of any mer 50 cents.
chandise, given by any Broker, .....
12. Charter Party, or any Agreement or
Contract for the charter or hiring of any sea
going ship or vessel, to be charged on the esti 10 cents for every $ 100 or part thereof.
mated freight,..
13. Copy Charter.
Vessel under 200 tons, each copy, $ 1.
29 over 200 29 19 $2.
Collateral Security, ... See Mortgage, 26.
Contract,. See Agreement, 2.
14. Conveyance or assignment on sale, to
be levied on the amount or value of the considera
tion money, such consideration money to include
any sum payable by the purchaser in respect of > 30 cents for every $ 100 or part thereof.
any mortgage or other debt remaining upon the
property purchased , or released by such purchaser
to the vendor. (See also article 17) ,...
Exemption. -Transfer by mere endorsement of a duly stamped Bill of Exchange, Promis
sory Note or other negotiable Instrument, or of a Bill of Lading. Bill of Salefor Chinese
Junk.
15. Copartnership, Deed or other instru
ment of, } | $2.
16. Declaration of Trust , .......... $10.
17. Deed or other instrument of Gift or of
exchange where no money consideration, or a $25.
merely nominal money consideration passes , ......
Deposit of Title Deeds, See mortgage, 26.
18. Duplicate or counterpart of any docu
ment chargeable with duty under this schedule,
to be affixed on the production of the original
document bearing its proper stamp, and not
otherwise. If the original duty is
Under $ 1 , ...... ........... Same duty .
From $ 1 to $ 10, ………………………………………….. $1.
19 $ 10 99 $20, ........ $2.
Over $ 20, ……………….. $3.
Note.-An entry that the document is a duplicate or counterpart is to be made beneath the stamp
and signed by the Collector.
19. Emigration Fees, under the Emigra
tion Consolidation Ordinance, 1874.
Application for a certificate, ......... *****..... $1.
Certificate,...... $1.
1810 ORDINANCE No. 15 OF 1884.
Stamp.
Equitable charge, ……………………. ………... See mortgage, 26.
20. Foreign Attachment Bond, in the
Supreme Court , either Jurisdiction.
For every $ 100 or part thereof up to $1,000, $1.
Exceeding $ 1,000, $10.
Guarantee, .... See agreement, 2.
21. Every Instrument in writing under 】
seal, not otherwise specially charged with duty $10.
under this schedule, .............
Note. The impressions of Chinese names,
shop names, or trading names, commonly called
chops shall not be taken to be seals within the
meaning of this article.
22. Lease or agreement for a lease, made
for a term of years, or for a period determinable
with one or more life or lives or otherwise con
tingent, in consideration of a sum of money paid 30 cents for every $ 100 or part thereof.
in the way of premium, fine, or the like, if with
out rent,..... ………………. ………...
23. Lease , executed in pursuance of a duly
stamped agreement for the same, on production $1.
of such agreement, ....
Note.-An entry to the above effect is to be made beneath the stamp, and signed by the Collector.
24. Lease or agreement for a lease of any
land, house, building or tenement, at a rent,
without payment of any sum of money by way of
fine or premium, to be levied on the annual rent,
for a term not exceeding
One year, 10 cents.
Three years, 25 99
For every $ 100 or part thereof.
Thirty years , ....... 50 99
Exceeding thirty years, 75 29
Note. When both rent is paid and there is a fine or premium, the duty is to be the total of that
due under both articles 22 & 24.
Exemption.— All rentals under $50 per annum.
25. Letter or other instrument of Hypo
thecation accompanying deposit of documents Referring to particular property, $ 1 .
of title to any moveable property, or bond, or Duplicate, 10 cents.
other instrument of guarantee in respect of such General, $2.
property or documents of title,
Letter of Guarantee, ……….. See agreement, 2.
26. Mortgage, or agreement for a mortgage,
bond, debenture, covenant, warrant of attorney
to confess and enter up judgment, and foreign
security of any kind not specially charged with
duty under this schedule, to be levied on the
amount or value of the principal sum secured.
(i.) Being the only, or principal, or primary
security, and also where any further money is 10 cents for every $ 100 or part thereof.
added to the money already secured, …………………………
ORDINANCE No. 15 OF 1884 . 1811
Stamp.
(ii.) Being a collateral or auxiliary or addi
tional or substituted security, other than a mort
gage executed pursuant to a duly stamped agree
ment for the same, or by way of further assurance
for the above-mentioned purpose where the prin
cipal or primary security is duly stamped, and for
every extension of the time of an original mort
gage endorsed on such mortgage, ……………………. 5 cents for every $100 or part thereof.
(iii.) Transfer, assignment, disposition or
assignation of any mortgage, bond, debenture,
covenant, or foreign security, or of any money or
stock secured by any such instrument, or by any
warrant of attorney to enter up judgment, or by
any judgment ; to be levied on the amount
transferred,
(iv.) Reassignment, release, discharge, sur
render, resurrender, warrant to vacate, or renun
1 cent for every $100 or part thereof.
ciation of any such security as aforesaid , or of the
benefit thereof, or of the money thereby secured ,...
(v.) Mortgage executed in pursuance of a
duly stamped agreement for the same, on pro $1.
duction of such agreement ,………….
Note. An entry to the above effect is to be made beneath the stamp and signed by the Collector.
27. Any Notarial Act, whatsoever not $1.
otherwise charged in this schedule, ......
28. Note of Protest by any Commander
or Master of a vessel, or with regard to any Pro 25 cents.
missory Note or Bill of Exchange, ...... …………….
29. Policy or Risk Note of Marine, Fire,
Life or other Insurance, for each copy, and every 10 cents.
renewal, ………........ ………………....
30. Power of Attorney,*******
31. Probate, or Letters of Administration ,
with or without the will annexed , to be calculated
upon the value of the estate and effects for or in
respect of which such probate or letters of ad $1 for every $ 100 or part thereof.
ministration shall be granted, exclusive of what
the deceased shall have been possessed of, or
entitled to as a trustee for any other person or
persons and not beneficially. ……………..
Exemption.- Administration bond. Estate under $250.
Promissory Note, See Bill of Exchange, 8,
Reassignment, ***** See Mortgage, 26.
32. Receipt or discharge given for the pay
ment of money, or in acquittal of a debt paid in 3 cents.
sum received, dis
charged or acquitted exceeds $10,……………………..
Exemptions.- Letter acknowledging the arrival of a currency or promissory note, bill of
exchange, or any security for money, receipt or debit note for the premium on a duly
stamped policy of insurance. [Exemption added by Ordinance No. 2 of1885.]
1812 ORDINANCE No. 15 OF 1884.
Stamp.
33. Servant's Security Bond. Any
instrument in writing under seal by which any
domestic or other servant or clerk or compradore
shall give security for the due discharge of his
duties, or of the duties of other persons to be em
ployed by him, or for the safe custody of money
or property to be entrusted to him, or for the 10 cents for every $ 100 or part thereof up to
$10,000.
proper carrying on of business to be conducted by Exceeding $ 10,000 , $ 10.
him, or for the discharge of his responsibilities
arising from such business, whether such security
shall be given by the binding of other persons, or
by the deposit of money or valuable property or
by deposit of the title deeds to any property orby
any assignment.
31. Settlement. Any instrument, whether]
voluntary or upon any good or valuable considera
tion, other than a bona fide pecuniary considera
tion, whereby any definite and certain principal
sum of money (whether charged or chargeable on 30 cents for every $ 100 or part thereof of the
lands or other hereditaments or heritable subjects amount or value of the property settled or
or not, or to be laid out in the purchase of lands agreed to be settled.
or other hereditaments or heritable subjects or
uot) or any definite and certain amount of stock,
or any security , is settled or agreed to be settled
in any manner whatsoever.
Exemption.- Instrument of appointment relating to any property in favour ofpersons
especially named or described as the objects of a power ofappointment created by a previous
settlement stamped with ad valorem duty in respect ofthe same property, or by will, where
probate duty has been paid in respect ofthe same property as personal estate of the testator.
35. Transfer of Shares or stock in any 10 cents for every $ 100 or part thereof.
Public Company, .......
Exemption.- Serip Certificate.
GENERAL EXEMPTIONS
Any document made or executed by or on behalf of Her Majesty or ofany Department of Her
Majesty's Service, or whereby any property or interest is transferred to, or any contract of any kind
whatsoever is made with Her Majesty or any person for or on behalf of Her Majesty or any such
Department as aforesaid.
But this exemption does not extend to any document executed by the Registrar of the Supreme
Court as Official Administrator or by a receiver appointed by any Court, or to any document rendered
necessary by any Ordinance or by the order of any Court ; neither does it extend to a sale made for
the recovery of an arrear of revenue or rent, or in satisfaction of a decree or Order of Court, in any of
which cases the purchaser shall be required to pay the amount of the requisite stamp in addition to the
purchase money.
[In force from 1st April, 1885, under proclamation of the 5th March, 1885 :
Repealed by Ordinance No. 16 of 1886. ]
ORDINANCES Nos. 16 AND 17 OF 1884 . 1813
Birds Preservation. Sheriff's duties.
No. 16 of 1884.
An Ordinance entitled The Preservation of Birds Ordinance 1870 , Amend
ment Ordinance 1884 .
[ 16th May, 1884. ]
E it enacted by the Governor of Hongkong with the advice of the Legislative
BR Council thereof, as follows :
Ordinance 1 of 1870 is hereby amended as follows : Ordinaned 1 of
1870 amended.
In section 1. Strike out from the words " except the following " down to the
words " such other description of bird " both inclusive and insert in
place thereof the words " except such descriptions of birds " and
In section 2. Insert after the words " or taking the same " and before the
words " shall be guilty " the words " or shall between the months of
April and September both inclusive , offer for sale in this Colony any
pheasant or partridge " and
In section 5. Strike out the words " not hereinbefore excepted ."
[ Repealed by Ordinance No. 15 of 1885.]
No. 17 of 1884 .
An Ordinance to make provision for certain duties formerly
attaching to the Office of Sheriff.
[ 10th June, 1884. ]
HEREAS on account of the abolition of the office of sheriff it is
WH necessary to make provision for the performance of certain duties
in connexion with the execution of criminal sentences formerly attaching
to the said office . Be it enacted by the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
1. All such duties , in relation to the execution of any sentence or Superintend
ent of the
judgment imposed or awarded by any Court or Judge exercising criminal. gaol entrust
ed with the
jurisdiction in this Colony, as attached to the office of sheriff at the time duties of
sheriff.
of the passing of Ordinance 22 of 1882 , and in respect of which no other
provision has been made at the time of the passing of this Ordinance,
shall from and after the passing of this Ordinance be attached to the office
of Superintendent of Victoria Gaol , and shall be discharged by the person
for the time being acting in that office or his lawful deputy.
1814 ORDINANCE No. 18 OF 1884 .
Piers and Wharves (Johnson's).
No. 18 of 1884.
An Ordinance to authorise FRANCIS BULKELEY JOHNSON to
construct piers and wharves in the harbour of Victoria, and
to confer upon the said FRANCIS BULKELEY JOHNSON
certain other powers and privileges.
[ 12th June, 1884. ]
Preamble.
HEREAS FRANCIS BULKELEY JOHNSON , of Victoria , Hongkong,
WE
merchant, is desirous of constructing, with the consent of the
Crown , piers and wharves in the harbour of Victoria , for purposes in
relation to the loading, discharging, and storing of cargo ; And whereas
the said FRANCIS BULKELEY JOHNSON has applied to the Government of
the Colony, to confer upon him the necessary powers for carrying out
the construction of such piers and wharves, by means of a Public Ordi
nance, and it is expedient that such an Ordinance should be granted to
the said FRANCIS BULKELEY JOHNSON , under and subject to the conditions ,
restrictions and provisions hereinafter contained : Be it therefore enacted
by the Governor of Hongkong, with the advice of the Legislative Council
_______
thereof, as follows :
Power to 1. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his
construct
wharves and executors , administrators or assigns, to construct and maintain for his
piers.
and their exclusive use, wharves between high and low- water mark, and
piers extending into the harbour of Victoria at and from any part or parts
of that portion of the public Praya which lies directly opposite to the
pieces or parcels of ground registered in the Land Office of the Colony,
as Marine Lots 95, 96 , 97 and 98 respectively, which wharves and piers
and the works in connection there with authorised by this Ordinance are
hereinafter referred to as the undertaking.
Plans and 2. The said wharves and piers shall be constructed in accordance
specifications.
with plans and specifications to be approved by the Governor in Council
and shall be so constructed as to secure that the free passage of vessels
along the harbour is not unduly interfered with.
Alterations 3. The said FRANCIS BULKELEY JOHNSON his executors, administra
and additions.
tors or assigns may, from time to time, make any alterations in , or addi
tions to , the said wharves and piers, provided the same be in accordance
with plans and specifications to be approved by the Governor in Council.
ORDINANCE No. 18 of 1884. 1815
Piers and Wharves (Johnson's).
4. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his Power to
lay down
executors , administrators or assigns , from time to time to lay down , tramways.
maintain , and renew sunken and overhead tramways , or either of such
tramways from the piers and wharves, across the Public Praya connect
ing the wharves and piers with the premises of the said FRANCIS BULKE
LEY JOHNSON his executors , administrators or assigns , situated on the
Marine Lots aforesaid or adjoining the same. Provided that all such
tramways shall be laid in accordance with a specification to be approved
by the Governor in Council, and that the laying and maintaining thereof
and the necessary works in connection therewith shall be conducted in
such manner, and subject to such conditions as the Surveyor General for
the time being may require.
5. The said FRANCIS BULKELEY JOHNSON his executors, administrators Lights.
or assigns shall cause to be affixed on the said wharves and piers , and to be
exhibited from sunset to sunrise, such lights as the Harbour Master may
from time to time direct.
6. The said FRANCIS BULKELEY JOHNSON his executors, administra Prevention
of silting, &c.
tors or assigns shall take such measures as the Governor in Council may
require to prevent silting or the accumulation of mud , sand , or other
matter around the wharves and piers, and shall conform to such regula
tions as the Governor in Council may deem it expedient to make from
time to time for the purpose of preventing obstruction to the traffic of
the Praya.
7. In the event of the said FRANCIS BULKELEY JOHNSON his executors , Proceeding
on
administrators or assigns making default in complying with the provi- vention of
silting, &c .
sions in the last preceding section relating to the prevention of silting, or
accumulation of mud , sand , or other matter around the wharves or piers ,
the Governor in Council , if satisfied after due enquiry made that the said
FRANCIS BULKELEY JOHNSON his executors , administrators or assigns ,
has or have been guilty of the alleged default , shall make an order to be
served on the said FRANCIS BULKELEY JOHNSON his executors , administra
tors or assigns , limiting a time for the performance of his or their duty
in that behalf, and if such duty is not performed by the time limited by
the order, the Governor in Council shall appoint some person or persons
to perform the same, and shall by order direct that the expenses of per
forming the same, together with a reasonable remuneration to the person
or persons appointed for superintending such performance, and amount
1816 ORDINANCE No. 18 OF 1884.
Fiers and Wharves (Johnson's).
ing to a sum to be specified in the order, together with the costs of pro
ceedings (if any ) shall be paid by the said FRANCIS BULKELEY JOHNSON
his executors , administrators or assigns , and any order made for the pay
ment of such expenses and costs may be removed into the Supreme
Court, and may be enforced in the same manner as if the same were an
order of such Court.
Priority of 8. All vessels belonging to , or engaged in the service of Her Ma
useto Queen's
ships. jesty's Government shall have priority of use of the wharves and piers at
the ordinary current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the wharves or piers , and all
other vessels shall have the right of using the wharves and piers at the
current rates in order of priority of application subject nevertheless to
any rules and regulations which may be made under the provisions of
section 9 of this Ordinance.
Powers to 9. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his
make rules
and regula executors, administrators or assigns , from time to time to make such
tions.
rules and regulations as may be necessary for the use and due mainten
ance of the wharves and piers and tramways in connection therewith .
Provided always that no such rules and regulations, nor any repeal or
variation thereof, shall come into force until the same shall have been ap
proved by the Governor in Council , and shall have been published in the
Gazette.
Penalty for 10. Every person who shall commit a breach of any of the rules.
breach of
rules and and regulations made in pursuance of this Ordinance, shall, on summary
regulations.
conviction thereof before a Magistrate, be liable to a fine not exceeding
fifty dollars.
Proof of rules 11. In all proceedings before any Court , the rules and regulations
and regula
tions. in force for the time being under this Ordinance , shall be sufficiently
proved by the production of a copy of the Gazette in which the same shall
be published and contained.
Governor in 12. Ifthe said FRANCIS BULKELEY JOHNSON his executors , administra
Council may
make rules tors or assigns shall fail to make or vary such rules and regulations , as in
and regula
tions in the opinion of the Governor in Council are requisite for the protection of
certain event.
the rights of the inhabitants of the Colony, and for the prevention of
injury to navigation , the Governor in Council shall make an order to be
served upon the said FRANCIS BULKELEY JOHNSON his executors, admin
ORDINANCE No. 18 OF 1884. 1817
Piers and Wharves (Johnson's).
nistrators or assigns , limiting a time for the making or varying of such
rules and regulations, and if such rules and regulations are not made or
varied by the time prescribed in such order, the Governor in Council may
make or vary such rules and regulations, which when made, or varied ,
and published in the Gazette , shall have the same force and effect as if
they were specially enacted herein .
13. The said FRANCIS BULKELEY JOHNSON his executors , adminis Rules and
regulations to
trators or assigns shall , from time to time, cause to be painted on boards , be painted
and exhib
or to be printed and attached in large and legible characters in English ited .
and Chinese, a statement of the rules and regulations in force and a list
of the several rates for the time being payable and shall cause such boards.
containing such statement and list to be fixed on some conspicuous part
of the wharves or piers and no rate shall be payable during such time as
such list is not so affixed nor shall any rate not specified in such list be
payable. Provided that if any such statement or list be destroyed , in
jured or obliterated the rates shall continue payable during such time as
may be reasonably required for the restoration or reparation of such list
in the same manner as if such statement and list had continued affixed
and in the state required by this Ordinance .
14. If at any time before the completion of the works, the said Power to
Governor in
FRANCIS BULKELEY JOHNSON his executors , administrators or assigns shall Council to
abate and
fail to proceed therewith for a period of six months, or after the comple remove works
in certain
tion thereof shall disuse the same, or any part thereof for six months , events.
without affording to the Governor in Council some satisfactory reason
for the discontinuance or disuse of the said works, (as the case may be ) ,
it shall be lawful for the Governor in Council to abate and remove the
same, and restore the site thereof to its former condition at the cost of
the said FRANCIS BULKELEY JOHNSON his executors, administrators or
assigns, and the amount of such cost shall be a debt due to the Govern
ment, and recoverable against the said FRANCIS BULKELEY JOHNSON his
executors , administrators or assigns accordingly .
15. Subject to the approval of the Governor in Council being first Power to sell.
obtained (but not otherwise), the said FRANCIS BULKELEY JOHNSON his
executors , administrators or assigns, may at any time, and from time to
time sell , assign or absolutely dispose of the undertaking or any part or
parts thereof, to such person, corporation , or company, by public auction,
or private contract or partly by public auction and partly by private con
1818 ORDINANCE No. 18 OF 1884.
Piers and Wharves (Johnson's).
tract, and with , under and subject to such terms and conditions in all
respects as the said FRANCIS BULKELEY JOHNSON his executors , adminis
trators or assigns shall think fit, with power at any such sale to fix a
reserve price for, or buy in the same, and when any such sale, assignment,
or absolute disposal has been made, all the rights, powers, authorities
obligations and liabilities of the said FRANCIS BULKELEY JOHNSON his
executors , administrators or assigns in respect to the undertaking or part
or parts thereof sold , assigned or absolutely disposed of, shall be transferred
to, vested in, and may be exercised by, and shall attach to the person
or persons, corporation , or company to whom the same has been sold ,
assigned or absolutely disposed of, in like manner as if the undertaking
or part or parts thereof, sold , assigned or absolutely disposed of, was or
were constructed by such person or persons, corporation , or company
under the powers conferred upon him or them by this Ordinance, and in
reference to the same he or they shall be deemed to be the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns.
Power to 16. Subject to the approval of the Governor in Council being first
demise.
obtained ( but not otherwise ) , the said FRANCIS BULKELEY JOHNSON his
executors, administrators or assigns may , at any time and from time to
time demise their undertakings or any part or parts thereof, to such person ,
corporation, or company, for such term or terms of years, or from year
to year, or for any less period , and for such rent or rents , and upon such
terms and conditions in all respects, as the said FRANCIS BUlkeley
JOHNSON his executors , administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion, and either with or without
a premium, or premiums, as a consideration or considerations for such
demise or demises.
Power to 17. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his
mortgage.
executors, administrators or assigns, from time to time, and at any time
to borrow money on mortgage of all or any part of his undertaking, and
for that purpose to assign or demise by way of mortgage, all or any
portion of the said wharves and piers to any person or persons, corpora
tion , or company, and to enter into all such covenants, provisoes , declara
tions and agreements as the said FRANCIS BULKELEY JOHNSON his
executors, administrators or assigns shall think fit and proper.
Duration of 18. The rights, powers, and privileges granted by this Ordinance to
Ordinance.
the said FRANCIS BULKELEY JOHNSON, his executors , administrators and
ORDINANCE No. 18 OF 1884. 1819
Piers and Wharves (Johnson's).
assigns, shall continue in force for twenty years to be computed from the
date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
the duration of such rights , powers , and privileges shall be extended for
any further term or terms not exceeding ten years at a time, and there
upon such rights, powers, and privileges shall continue in force for such
extended period .
19. Upon the cessation of the rights, powers, and privileges granted Cessation of
powers.
by this Ordinance, it shall be at the option of the Governor in Council
to purchase the wharves and piers and works by this Ordinance authorised
from the said FRANCIS BULKELEY JOHNSON, his executors , administrators ,
or assigns for a price which shall be exclusive of any allowance for past
or future profits of the undertaking, or any compensation for compulsory
sale, to be determined in case of difference by two arbitrators to be
nominated one by the Governor in Council, and the other by the said
FRANCIS BULKELEY JOHNSON, his executors , administrators, or assigns ;
and in case the said arbitrators cannot agree, by an umpire to be agreed
upon between them . If the Governor in Council does not exercise the
option to buy within one month of such cessation as aforesaid, the said
FRANCIS BULKELEY JOHNSON, his executors , administrators, and assigns
shall, at their own expense, remove the said wharves and piers and works,
and restore the site thereof to its former condition, and in the event of
their failure to do so within one year of the date of such cessation , it shall
be lawful for the Governor in Council to abate and remove the same,
and restore the site thereof to its former condition at the cost of the said
FRANCIS BULKELEY JOHNSON, his executors , administrators , or assigns ,
and the amount of such cost shall be a debt due to the Government, and
recoverable against the said FRANCIS BULKELEY JOHNSON, his executors,
administrators , or assigns accordingly.
20. Nothing in this Ordinance, otherwise than as specially enacted Saving of
rights.
herein , shall be construed to interfere in any way with any existing rights
in the land on which the said wharves or piers are to be constructed , or
the lands or foreshore adjoining the same, and the powers and privileges
given by this Ordinance are so given, saving and reserving always the
rights of Her Majesty , and of all bodies politic and corporate, and of all
other persons and those claiming by, from, and under them except as
herein otherwise provided .
1820 ORDINANCE No. 18 OF 1884 .
Piers and Wharves (Johnson's).
Commence 21. This Ordinance shall come into force on a day to be proclaimed
ment of
Ordinance. by the Governor .
[NOTE. - Confirmation proclaimed 23rd September, 1884, but no proclamation as to the
day for the coming into operation ofthe Ordinance has been gazetted. ]
*
· Rules and regulations made by Messrs. Jardine, Matheson & Co. , the Assignees of
Francis Bulkeley Johnson, Esquire, pursuant to sections 9 and 10 of Ordinance 18
of 1884, and approved by the Governor in Council the 24th September, 1885.
[Gazette 26th of the same month. ]
JARDINE, MATHESON & Co.'s PIER .
1. Vessels will be allotted berths at the pier in the order in which application
therefor may have been made at the office of the General Agents.
2. The proprietors undertake no responsibility for any damage that may be
sustained by a vessel while coming alongside the pier or leaving it ; but they will
provide every assistance in their power to the master, and have men in attendance to
run out and let go lines , shove off, &c . , and a boat will always be available for running
lines to the buoys.
3. Every vessel that shall come into collision with the pier, or otherwise injure
it, whether in consequence of the incompetence or carelessness of the pilot, master,
or officers, or from any other cause, shall be responsible for the repair of the damage.
4. Masters or commanding officers shall rig in the jib and spanker booms of
their vessels, while alongside the pier, on being required to do so by the wharfinger.
5. No sails may be left loose at night on board any vessel, while she is alongside
the pier, and, if any should be loose during daylight, the master or commanding
officer shall store them on being required to do so by the wharfinger.
6. The master or commanding officer of any vessel alongside the pier, shall shift
his berth immediately on being required to do so by the wharfinger.
7. The discharge of every vessel shall commence immediately on her arrival at
the pier, and be continued, with all possible despatch, daily from sun rise to sun set,
until it shall have been completed. Any delay that may arise in proceeding with the
discharge, from want of ballast , labour, or from any other cause, for which the master,
owners, or agents may be responsible, shall subject the vessel to an additional charge,
over and above the tariff rate for wharfage, of dollars twenty-five ( $25.) for the first
day, and dollars twenty-five ($25 . ) per day for each subsequent day she may be detained .
8. On the completion of the discharge of cargo, the master or commanding
officer of every vessel must remove her from the pier immediately. If there should
be any delay, an additional rate will be levied, over and above the tariff rate, of dollars
twenty-five ($25 . ) for the first day, and dollars twenty-five ( $25 . ) per day for each
subsequent day she may be permitted to remain.
9. No ashes, dirt or other refuse shall be thrown overboard from any vessel while
she may be alongside the pier.
ORDINANCES Nos. 18 AND 19 OF 1884 . 1821
Piers and Wharves ( Johnson's). Piers and Wharves ( Chater's).
10. No persons not in the employment of the proprietors, nor belonging to
vessels alongside the pier, shall be allowed to walk or be on the pier, without the
licence of the wharfinger.
11. No waggons , carriages, carts, trucks or other conveyances shall be taken on
to the pier without the licence of the wharfinger.
12. No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the crews and
workmen employed on board their respective vessels and for any infringement by
them of the foregoing rules and regulations.
14. Every person who shall commit a breach of any of the foregoing rules and
regulations shall, on summary conviction before a Magistrate, be liable to a fine of
not exceeding dollars fifty ( $50 .) .
No. 19 of 1884.
An Ordinance to authorise CATCHICK PAUL CHATER, to con
struct piers and wharves in the harbour of Victoria, and to
confer upon the said CATCHICK PAUL CHATER certain
other powers and privileges.
[ 12th June, 1884. ]
HEREAS CATCHICK PAUL CHATER, of Victoria , Hongkong, is Preamble.
WHI
desirous of constructing, with the consent of the Crown , piers ,
and wharves, in the harbour of Victoria, and certain tramways in connex
ion therewith, for the purpose of removing and storing, loading, and
discharging cargo ; And whereas the said CATCHICK PAUL CHATER has
applied to the Government of the Colony , to confer upon him the neces
sary powers for carrying out the construction of such piers, wharves, and
tramways by means of a Public Ordinance, and it is expedient that such
an Ordinance should be granted to the said CATCHICK PAUL CHAter,
under and subject to the conditions, restrictions and provisions hereinafter
contained : 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 said CATCHICK PAUL CHATER his execu Power to
construct
tors, administrators or assigns , to construct and maintain , for his and wharves and
their exclusive use, wharves between high and low-water mark, and piers piers.
extending into the harbour of Victoria, at and from any part or parts of
1822 ORDINANCE No. 19 OF 1884 .
Piers and Wharves ( Chater's.)
that portion of land which lies directly opposite to the pieces or parcels
of ground registered in the Land Office of the Colony as Kaulung Marine
Lots Nos . 9, 11 , 20 and 21 respectively, which wharves and piers and
the works in connection therewith authorised by this Ordinance are here
inafter referred to as the undertaking .
Plans and 2. The said wharves and piers shall be constructed in accordance
specifications.
with plans and specifications to be deposited in the office of the Surveyor
General and approved of by the Governor in Council, and shall be so
constructed as to secure that the free passage of vessels along the harbour
is not unduly interfered with .
Alterations 3. The said CATCHICK PAUL CHATER his executors, administrators
and additions.
or assigns may, from time to time, make any alterations in , or additions
to, the said wharves and piers , provided the same be in accordance with
plans and specifications to be approved by the Governor in Council.
Power to 4. It shall be lawful for the said CATCHICK PAUL CHATER his execu
lay down
tramways. tors, administrators or assigns , subject to the plans and specifications
being approved by the Governor in Council, from time to time to lay
down, maintain and renew, sunken and overhead tramways, or either of
such tramways, from the piers and wharves across the Praya connecting
the piers and wharves with the premises of the said CATCHICK PAUL
CHATER his executors , administrators or assigns, situated on the Kaulung
Lots aforesaid or adjoining the same ; and also a double line of sunken
tramways, 650 yards in length, commencing at a point opposite the
North West Corner of the aforesaid Kaulung Marine Lot No. 21 , thence
passing along the centre of the Praya to a point opposite the South West
Corner of the aforesaid Kaulung Marine Lot No. 9. The said tramways
to be provided with all proper stations , crossings , bridges , passing places,
sidings, junctions , rails and conveniences connected therewith , or for the
purposes thereof, and the said CATCHICK PAUL CHATER his executors ,
administrators or assigns may work and use the same. Provided always
that before the commencement of the construction of the said sunken and
overhead tramways or either of such tramways , the said CATCHICK PAUL
CHATER his executors , administrators or assigns shall deposit in the
office of the said Surveyor General plans and specifications shewing in
detail the mode of construction of the said sunken and overhead tram
ways , which said plans and specifications shall be approved of by the
Governor in Council.
ORDINANCE No. 19 OF 1884 . 1823
Piers and Wharves ( Chater's).
5. The sunken tramways referred to in this Ordinance shall be con Gauge of
tramways.
structed on a gauge not exceeding 2 feet in width , and with two steel
grooved rails , which said rails shall before being laid down be approved
of by the Surveyor General, and shall be laid and maintained in such
manner, that the uppermost surface thereof shall be on a level with the
surface of the road . Provided that the Governor in Council may from
time to time require the said CATCHICK PAUL CHATER his executors ,
administrators or assigns to adopt and apply such improvements in the
said sunken or overhead tramways including their rails , sleepers , bridges
and substructure as experience may suggest, having regard to the greater
security of the public and advantage to the ordinary traffic, and the said
CATCHICK PAUL CHATER his executors, administrators or assigns shall
with all reasonable despatch, comply with any order made by the Govern
or in Council for the purpose of carrying out any such improvements .
6. The said CATCHICK PAUL CHATER his executors, administrators Power to
break up
or assigns may from time to time for the purpose of making, forming , roads.
laying down, maintaining , renewing, altering, adding to or removing any
tramway under this Ordinance, or any part or parts thereof respectively,
-
open and break up any road subject to the following regulations :
1. They shall give to the Surveyor General notice of their
intention, specifying the time at which they will begin to
do so , and the portion of road proposed to be opened or
broken up, such notice to be given seven days at least
before the commencement of the work.
2. They shall not open or break up or alter the level of any
road except with the authority, under the superintendence ,
and to the satisfaction of the Surveyor General.
7. When the said CATCHICK PAUL CHATER his executors , adminis Completion
of work and
trators or assigns shall have opened or broken up any portion of any road, reinstatement
of road.
they shall be under the following further obligations, namely :
1. They shall with all convenient speed, complete the work
on account of which they opened or broke up the same,
and ( subject to the formation , maintaining, renewal, or
alteration of addition to or removal of the tramway) fill in
the ground and make good the surface, and to the satisfac
tion of the Surveyor General, restore the road to as good
1824 ORDINANCE No. 19 OF 1884.
Piers and Wharves ( Chater's).
condition as that in which it was before it was opened or
broken up .
2. They shall in the meantime cause the place where the road
is opened or broken up to be fenced and watched and to
be properly lighted at night.
If the said CATCHICK PAUL CHATER his executors , administrators
or assigns fail to comply with this section , they shall, for every offence
(without prejudice to the enforcement of the specific performance of the
requirements of this Ordinance, or to any other remedy against them ) be
liable to a penalty not exceeding one hundred dollars , and to a further
penalty not exceeding 25 dollars for each day during which any such
failure continues after the first day on which such penalty is incurred .
Penalty for 8. The said CATCHICK PAUL CHATER his executors , administrators
not maintain
ing rails at and assigns shall maintain in good condition and repair, and at their
their proper
level and in proper level so as not to be a danger or annoyance to the ordinary traffic,
good condi
tion. the rails of which any of the tramways for the time being consist, and
the substructure upon which the same rest ; and if the Surveyor General,
shall from time to time , or at any time hereafter, alter the level of any
road along or across which any of the said tramways shall be laid , then
and in such event, and so often as the same shall happen , the said
CATCHICK PAUL CHATER his executors, administrators or assigns, shall
at his or their own expense, alter the rails so that the uppermost surface
thereof shall be on a level with the surface of the road as altered, and, if
the said CATCHICK PAUL CHATER his executors, administrators or assigns
make default in complying with this section , they shall , for every offence,
be subject on conviction to a penalty not exceeding twenty-five dollars ,
and, in case of continuing offence, to a further penalty not exceeding ten
dollars for every day after the first on which such default continues.
Lights. 9. The said CATCHICK PAUL CHATER his executors, administrators
or assigns shall cause to be affixed on the said wharves and piers, and to
be exhibited from sunset to sunrise, such lights as the Harbour Master
may from time to time direct .
Prevention 10. The said CATCHICK PAUL CHATER his executors , administrators
of silting, &c.
or assigns shall take such measures as the Governor in Council may
require to prevent silting or the accumulation of mud, sand , or other
matter around the wharves and piers , and shall conform to such regula
ORDINANCE No. 19 OF 1884. 1825
Piers and Wharves ( Chater's).
tions as the Governor in Council may deem it expedient to make from
time to time for the purpose of preventing obstruction to the traffic of
the Praya .
11. In the event of the said CATCHICK PAUL CHATER his executors, Proceedings
on non-pre
administrators or assigns making default in complying with the provisions vention of
silting, &c.
in the last preceding section relating to the prevention of silting, or the
accumulation of mud, sand , or other matter around the wharves or piers,
the Governor in Council, if satisfied after due enquiry made that the said
CATCHICK PAUL CHATER his executors, administrators or assigns, has or
have been guilty of the alleged default, shall make an order to be served
on the said CATCHICK PAUL CHATER his executors , administrators or
assigns, limiting a time for the performance of his or their duty in that
behalf, and if such duty is not performed by the time limited by the order,
the Governor in Council shall appoint some person or persons to perform
the same, and shall by order direct , that the expenses of performing the
same, together with a reasonable remuneration to the person or persons
appointed for superintending such performance , and amounting to a sum
to be specified in the order, together with the costs of proceedings ( if any ) ,
shall be paid by the said CATCHICK PAUL CHATER his executors , adminis
trators or assigns , and any order made for the payment of such expenses
and costs may be removed into the Supreme Court, and may be enforced
in the same manner as if the same were an order of such Court.
· 12. All vessels belonging to, or engaged in the service of Her Priority of
use to Queen's
Majesty's Government shall have priority of use of the wharves and piers ships.
at the ordinary current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the wharves or piers and all
other vessels shall have the right of using the wharves and piers at the
current rates in order of priority of application subject nevertheless to
any rules and regulations which may be made under the provisions of
section 13 of this Ordinance.
13. It shall be lawful for the said CATCHICK PAUL CHATER his Powers to
make rules
executors , administrators or assigns , from time to time to make such rules and regula
tions.
and regulations, as may be necessary for the use and due maintenance of
the wharves and piers and tramways in connection therewith . Provided
always that no such rules and regulations, nor any repeal or variation
thereof, shall come into force until the same shall have been approved by
the Governor in Council, and shall have been published in the Gazette.
1826 ORDINANCE No. 19 OF 1884.
Piers and Wharves (Chater's).
Penalty for 14. Every person who shall commit a breach of any of the rules and
breach of
rules and
regulations made in pursuance of this Ordinance, shall , on summary
regulations .
conviction thereof before a Magistrate, be liable to a fine not exceeding
fifty dollars.
Proof of rules
15. In all proceedings before any Court, the rules and regulations in
and regula
tions. force for the time being under this Ordinance , shall be sufficiently proved
by the production of a copy of the Gazette in which the same shall be
published and contained.
Governor in 16. Ifthe said CATCHICK PAUL CHATER his executors , administrators
Council may
make rules or assigns shall fail to make or vary such rules and regulations , as in the
and regula
tions in cer opinion of the Governor in Council are requisite for the protection of the
tain event.
rights of the inhabitants of the Colony, and for the prevention of injury
to navigation , the Governor in Council shall make an order to be served
upon the said CATCHICK PAUL CHATER his executors , administrators or
assigns, limiting a time for the making or varying of such rules and
regulations , and if such rules and regulations are not made or varied by
the time prescribed in such order, the Governor in Council may make or
vary such rules and regulations, which when made or varied , and published
in the Gazette, shall have the same force and effect as if they were specially
enacted herein .
Rules and 17. The said CATCHICK PAUL CHATER his executors , administrators
regulations
to be painted or assigns shall, from time to time, cause to be painted on boards , or to
and exhibit
ed. be printed and attached in large and legible characters in English and
Chinese, a statement of the rules and regulations in force , and a list of
the several rates for the time being payable and shall cause such boards
containing such statement and list to be fixed on some conspicuous part
of the wharves or piers and no rate shall be payable during such time as
such list is not so affixed , nor shall any rate not specified in such list be
payable. Provided that , if any such statement or list be destroyed ,
injured or obliterated, the rates shall continue payable during such time
as may be reasonably required for the restoration or reparation of such
list in the same manner as if such statement and list had continued affixed
and in the state required by this Ordinance.
Power to 18. If at any time before the completion of the works, the said
Governor in
Council to CATCHICK PAUL CHATER his executors, administrators or assigns shall
abate and
remove works fail to proceed therewith for a period of six months , or after the completion.
in certain
events. thereof shall disuse the same or any part thereof for six months , without
ORDINANCE No. 19 OF 1884. 1827
Piers and Wharves ( Chater's).
affording to the Governor in Council some satisfactory reason for the
discontinuance or disuse of the said works , ( as the case may be ) , it shall
be lawful for the Governor in Council to abate and remove the same, and
restore the site thereof to its former condition at the costs of the said
CATCHICK PAUL CHATER his executors , administrators or assigns, and
the amount of such costs shall be a debt due to the Government, and
recoverable against the said CATCHICK PAUL CHATER his executors ,
administrators or assigns accordingly.
19. Subject to the approval of the Governor in Council being first Power to sell.
obtained (but not otherwise ) , the said CATCHICK PAUL CHATER his
executors, administrators or assigns , may at any time, and from time to
time sell, assign or absolutely dispose of the undertaking, or any part or
parts thereof to such person, corporation , or company, by public auction ,
or private contract, or partly by public auction and partly by private
contract, and with, under and subject to such terms and conditions in all
respects as the said CATCHICK PAUL CHATER his èxecutors , administrators
or assigns shall think fit, with power at any such sale to fix a reserve
price for , or buy in the same, and when any such sale , assignment , or
absolute disposal has been made, all the rights , powers, authorities ,
obligations and liabilities of the said CATCHICK PAUL CHATER his
executors , administrators or assigns in respect to the undertaking or part
or parts thereof sold , assigned or absolutely disposed of, shall be transferred
to , vested in, and may be exercised by, and shall attach to the person or
persons , corporation, or company to whom the same has been sold , assigned
or absolutely disposed of, in like manner as if the undertaking, or part or
parts thereof sold, assigned or absolutely disposed of, was or were
constructed by such person or persons , corporation or company under
the powers conferred upon him or them by this Ordinance, and in reference
.
to the same he or they shall be deemed to be the said CATCHICK PAUL
CHATER his executors , administrators or assigns.
20. Subject to the approval of the Governor in Council being first Power to
demise.
obtained ( but not otherwise ), the said CATCHICK PAUL CHATER his
executors, administrators or assigns may, at any time , and from time to
time demise their undertakings or any part or parts thereof, to such
person, corporation or company, for such term or terms ofyears, or from
year to year, or for any less period , and for such rent or rents , and upon
such terms and conditions in all respects, as the said CATCHICK PAUL
1828 ORDINANCE No. 19 OF 1884 .
Piers and Wharves ( Chater's).
CHATER his executors , administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion , and either with or without
a premium or premiums, as a consideration or considerations for such
demise or demises .
Power to 21. It shall be lawful for the said CATCHICK PAUL CHATER his
mortgage.
executors, administrators or assigns , from time to time and at any time
to borrow money on mortgage of all or any part of his undertaking, and
for that purpose to assign or demise by way of mortgage, all or any
portion of the said wharves and piers , to any person or persons, corpora
tion or company , and to enter into all such covenants , provisoes , declara
tions and agreements as the said CATCHICK PAUL CHATER his executors ,
administrators or assigns shall think fit and proper.
Duration of
Ordinance.. 22. The rights, powers , and privileges granted by this Ordinance
to the said CATCHICK PAUL CHATER, his executors , administrators , and
assigns, shall continue in force for twenty years to be computed from the
date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
the duration of such rights , powers, and privileges shall be extended for
any further term or terms not exceeding ten years at a time, and there
upon such rights, powers, and privileges shall continue in force for such
extended period .
Cessation of
23. Upon the cessation of the rights , powers , and privileges granted
powers.
by this Ordinance, it shall be at the option of the Governor in Council to
purchase the wharves and piers and works by this Ordinance authorised
from the said CATCHICK PAUL CHATER, his executors , administrators , or
assigns for a price which shall be exclusive of any allowance for past or
future profits of the undertaking, or any compensation for compulsory
sale, to be determined in case of difference by two arbitrators to be nomi
nated one by the Governor in Council , and the other by the said CATCHICK
PAUL CHATER, his executors , administrators , or assigns ; and in case the
said arbitrators cannot agree, by an umpire to be agreed upon between
them. If the Governor in Council does not exercise the option to buy
within one month of such cessation as aforesaid, the said CATCHICK PAUL
CHATER, his executors, administrators , and assigns shall, at their own
expense, remove the said wharves and piers and works, and restore the
site thereof to its former condition , and in the event of their failure to do
ORDINANCES Nos. 19 AND 20 OF 1884. 1829
Piers and Wharves ( Chater's). Revenue.
so within one year of the date of such cessation , it shall be lawful for the
Governor in Council to abate and remove the same, and restore the site
thereof to its former condition at the cost of the said CATCHICK PAUL
CHATER, his executors , administrators , or assigns , and the amount of such
cost shall be a debt due to the Government, and recoverable against the
said CATCHICK PAUL CHATER, his executors, administrators, or assigns
accordingly.
24. Nothing in this Ordinance, otherwise than as specially enacted Saving of
rights.
herein, shall be construed, to interfere in any way with any existing
rights in the land on which the said wharves, piers or tramways are to be
constructed , or the lands or foreshore adjoining the same, and the power
and privileges given by this Ordinance are so given, saving and reserving
always the rights of Her Majesty, and of all bodies politic and corporate,
and of all other persons and those claiming by, from, and under them
except as herein otherwise provided .
25. This Ordinance shall come into force on a day to be proclaimed Commence
ment of
by the Governor. Ordinance.
[ Confirmation proclaimed 23rd September, 1884, ( Gazette 27th of same month),
but no time fixed thereby or by subsequent proclamation for the coming into force of
the Ordinance.]
No. 20 of 1884.
An Ordinance to authorize the Appropriation of a Supplementary Sum
of Two hundred and Thirty-five thousand Three hundred and Forty
five Dollars and Twenty - six Cents to defray the Charges ofthe Year
1883.
[ 27th June, 1884. ] ·
HEREAS it has become necessary to make further provision for the public Supplementary
Estimate, 1883.
WH service of the Colony for the year 1883, in addition to the charge upon the
revenue for the service of the said year already provided for. Be it enacted by the
Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : --
1. A sum of two hundred and thirty-five thousand three hundred and forty-five
dollars and twenty-six cents is hereby charged upon the revenue of this Colony for the
service of the year 1883, the said sum so charged being expended as hereinafter specified ;
that is to say :
1830 ORDINANCE No. 20 OF 1884.
Revenue.
ESTABLISHMENTS :
Governor, ……………
. $ 870.32
Colonial Secretary , ... 1,857.84
Auditor General, 7,472.73
Colonial Treasurer, 6,550.76
Clerk of Councils, 2.03
Surveyor General, …….....
.. 2,880.64
Government Gardens and Plantations, 437.95
Harbour Master, ..... 1,722.04
Government Marine Surveyor, .... 1,317.32
Observatory, ... 2,739.50
Medical, ......... 3,841.90
Fire Brigade......... 384.10
$30,077.13
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Secretary , ....... $ 360.00
Surveyor General, .. 35.32
Educational, 7,192.00
Medical,..... 949.47
Police, .. 1,557.29
Gaols, 29.51
Fire Brigade , .. 6,081.95
Works and Buildings, ...... 34,961.76
Do., (Extraordinary)……….. 74,580.91
Roads, Streets and Bridges, 19,856.32
Gardens and Plantations 75.75
Miscellaneous Services,. 18,692.76
Land and Houses Purchased, 38,000.00
Military Expenditure, ..... 2,895.09
$205,268.13
TOTAL,... $235,345.26
[ Repealed by Ordinance No. 4 of 1887.]
ORDINANCE No. 21 OF 1884. 1831
Revenue.
No. 21 of 1884 .
An Ordinance to apply a sum not exceeding One million and Six thousand ,
Eight hundred and Eighty -one Dollars to the Public Service of the
Year 1885 .
[ 27th June, 1884. ]
THEREAS the expenditure required for the service of this Colony for the year
WHE1885 has been estimated at the sum of one million and six thousand, eight
hundred and eighty-one dollars : Be it enacted by the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :
1. A sum not exceeding one million and six thousand, eight hundred and eighty-one
dollars shall be, and the same is hereby charged upon the revenue of this Colony for the
service of the year 1885, and the said sum so charged may be expended as hereinafter
specified ; that is to say :
ESTABLISHMENTS :
Governor, $ 8,758
Colonial Secretary, ...... 11,896
Audit Office,.…………….. 4,518
Colonial Treasurer, 4,930
Clerk of Councils , 200
Surveyor General, ..... 48,031
Postmaster General, 26,900
Registrar General, ……….. 16,192
Harbour Master, 38,678
Lighthouses, 7,508
Observatory, ...... 5,820
Collector of Stamp Revenue, ... 7,322
Government Gardens and Plantations, 6,986
Judicial, ....... 35,525
Ecclesiastical , ... 1,158
Educational, 25,599
Medical, 16,470
Police Magistrates, 7,579
Police, 152,084
Gaol, .... 26,784
Fire Brigade, …………… 9,666
$462,604
1832 ORDINANCES Nos. 21 AND 22 OF 1884.
Revenue. Peace Preservation .
Brought forward,........ $ 462,604
SERVICES EXCLUSIVE OF ESTABLISHMENTS :
Colonial Treasurer, $ 11,016
Surveyor General , 2,520
Postmaster General , ....... 68,000
Registrar General , ............ 25
Government Gardens and Plantations,...... 14,800
Judicial, ... 860
Ecclesiastical ,. 500
Educational, 21,628
Medical ………………… 14,528
Police Magistrates, 390
Police,......... 39,148
Gaol, …………….... 21,720
Fire Brigade, ... 5,800
Charitable Allowances , ………………… 4,000
Transport , 4,500
Works and Buildings,. 122,500
Roads, Streets, and Bridges, 40,500
Miscellaneous Services, 58,497
Military Contribution, ..... 113,345
$544,277
GRAND TOTAL , ………………… ..$ 1,006,881
[ Repealed by Ordinances No. 1 of 1885, and No. 4 of 1887. ]
No. 22 of 1884.
An Ordinance entitled The Peace Preservation Ordinance, 1884.
[ 9th October, 1884. ]
Preamble. HEREAS in view of the disturbed state of the Chinese population in this
W Colony, it is expedient to make certain special provisions for the preservation
of peace and order ; Be it enacted by the Governor of Hongkong, with the advice of
the Legislative Council thereof, as follows : —
Duration of 1. This Ordinance shall continue in force until the first day of April, 1885.
Ordinance.
Interpretation 2. In this Ordinance the expression arms includes any description of fire arms,
of the expres
sion Arms. also any sword , cutlass , spear, pike, bayonet, or other deadly weapon, also any part of
any arms as so defined .
ORDINANCE No. 22 OF 1884. 11833
Peace Preservation.
Provided that this section shall not prevent the owner of any trading or fishing Licensed junks
may carry arins.
junk who has given security to the Harbour Master under section 38 of Ordinance 8 of
·
1879 from having without licence on board• of his junk such arms as are reasonably
necessary for the protection of such junk on the high seas.
3. A Chinese person shall not have or carry any arms, save as authorised by the Chinese not to
carry arms.
Governor in Council.
The Governor in Council may from time to time at discretion grant to any Chinese
persons licences to have or carry arins subject to such conditions to be specified in the
licence as to the Governor in Council may seem fit, and may from time to time at
discretion revoke any such licence.
4. Any person having or carrying or reasonably suspected of having or carrying Police may
arrest without
any arms in contravention of this Ordinance may be arrested without warrant by any a warrant.
Police officer, and, as soon as reasonably can be, conveyed before a Magistrate in order
to his being dealt with according to law.
5. The Governor may by warrant authorise any person named in such warrant to Search warrant.
search in any houses, buildings, ships , vessels or places for any arms suspected to be
therein in contravention of this Ordinance.
The person named in such warrant with such constables and other persons as he
calls to his assistance may at any time enter into any house, building, ship, vessel or
place and there execute the warrant , and in case admittance is refused or is not obtained
within a reasonable time after it is first demanded such persons may enter by force in
order to execute such warrant. The person executing such warrant shall before
executing the same if so desired produce the said warrant .
Any arms, carried , had or found under circumstances which contravene this Ordi
nance, may be forthwith seized and shall be forfeited to Her Majesty .
6. Any arms in the possession of persons not entitled to have the same which after Registration,
&c., of Arms
the passing of this Ordinance are given up voluntarily or taken under such circum given up.
stances as prove to the satisfaction of the Governor in Council that they have not been
wilfully kept back in contravention of this Ordinance, shall be deemed to be in the
possession of Her Majesty and the Governor shall provide for the deposit , registration,
valuation and care of the same. Provided that such arms may in the discretion of the
Governor in Council be returned to the owners thereof to have and carry under licence
under this Ordinance or for immediate exportation subject to such conditions as to the
Governor in Council may seem fit, and provided also that at any time the Governor
may instead of keeping or returning such arms if he think fit pay to the owners of the
same the value thereof to be assessed by the Registrar General, or the owners thereof
may demand payment of such value and such payment may be made out of the general
revenue of the Colony.
1834 ORDINANCE No. 22 OF 1884 .
Peace Preservation.
Governor in 7. The Governor in Council may from time to time make and when made revoke
Council may
make regula alter or add to regulations, prohibiting or regulating the sale or importation of arms.
tions.
·
If any person sell or import or attempt to sell or import any arms in contravention
of any such regulations, such arms shall be liable to be forfeited to Her Majesty and
the person so acting wilfully shall be deemed to be acting in contravention of this
Ordinance.
Ordinance 11 8. At any time after the passing of this Ordinance the Governor in Council may
of1870 may be
extended to by order declare that the provisions of Ordinance 14 of 1870 and all regulations made
the whole
of the Colony.
thereunder shall apply in relation to the whole or any part of the Colony as fully to all
intents and purposes as the same applied in relation to the City of Victoria at the time
of the passing of this Ordinance, and such provisions shall thereupon apply.
The Governor in Council may from time to time revoke add to or alter such order.
Persons 9. In any case where an order is made by the Governor in Council under the
ordered to be
banished may
be detained provisions of section 3 of Ordinance 8 of 1882, it shall be in the discretion of the
unti! leaving
the Colony. Governor in Council to order that the person named in such order be detained in
custody of the Police until he leaves the Colony, and such person may thereupon be
arrested and shall be deemed to be under lawful arrest until he leaves the Colony or
until the final departure from the Colony of any vessel in which he leaves .
Such order of detention shall provide that the person named therein shall have
reasonable facilities for settling his affairs and arranging for his departure.
Notices in The Captain Superintendent of Police shall cause notices in the Chinese language,
Chinese with
names of containing the names of persons against whom orders have been made under section
persons to be
banished to be
posted. 13 of Ordinance 8 of 1882 to be from time to time posted up in public and conspicuous
places.
7
Chinese 10. No person shall post up or exhibit or cause to be posted up or exhibited
proclamations
not to be posted upon any wall or in any public place any public notice or proclamation in the Chinese
without permis
sion from the
Registrar language without the permission of the Registrar General being first obtained.
General.
The Registrar General may in his discretion refuse such permission in any case
in which he deems that the publication of such notice or proclamation may be preju
dicial to peace or good order.
Public notices No person shall tear down or deface or cause to be torn down or defaced any
or proclamations
not to be public notice or proclamation bearing the Official Seal of the Governor or of any
defaced or torn.
Government Department of the Colony.
Penalty. 11. Any person acting in contravention of this Ordinance shall be liable upon
summary conviction before a Magistrate to be imprisoned with hard labour for a term
not exceeding 3 months or at the discretion of the Magistrate to a penalty not exceed
ing $500. But if upon the hearing of the charge the Court shall be of opinion that
there are circumstances in the case which render it inexpedient to inflict any punish
ment it shall have power to dismiss the person charged without proceeding to conviction.
[ Repealed by Ordinance No. 4 of1887. ]
df 1.6.5
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