The Ordinances of the Legislative Council of the Colony of Hongkong 1890 - Volume 4

THE ORDINANCES OF THE LEGISLATIVE COUNCIL OF THE COLONY OF HONGKONG , COMMENCING WITH THE YEAR 1844 . VOL. IV . CONTAINING ORDINANCES No. 1 or 1885 To No. 24 OF 1887, TOGETHER WITH REGULATIONS, RULES AND ORDERS IN FORCE ON THE 31ST MARCH, 1891.

 

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. DIE DROITI By Authority . HONGKONG : PRINTED BY NORONHA & Co., GOVERNMENT PRINTERS. 1891 .  R H 2 3 1 7 8 8 Rec. Sept. 30 , 1905.  ADDENDUM ET CORRIGENDUM IN VOL . I. At page 477, note that Ordinance No. 13 of 1860 is repealed by Ordinance No. 29 of 1890 as from the 1st January, 1891 . In Vol. I p . 341 schedule, for " 15 and 16 V. c . 36 " read “ 15 and 16 V. c. 86.3 A0 6 ADDENDA ET CORRIGENDA IN VOL . II . At page XIV, Ordinance No. 2 of 1873 is stated to be repealed by Ordinance No. 15 of 1890, t should be No. 10 of 1890. . G N At page 960, note at foot of page that Ordinance No. 11 of 1890 came into force on the 6th April, 1891 : Proclamation of the 1st April, Gazette, 4th April, 1891. Sections 30 to 33 of Ordinance No. 10 of 1867 are therefore repealed . At page 1157, in the foot note for No. 15 of 1890 read " No. 10 of 1890 " and note that it has not been H. M.'s pleasure to disallow the same. ADDENDUM IN VOL . III. At page 1744, note the following : --- Additional Regulation made under s . 42 of Ordinance No. 6 of 1883 on the 16th and gazetted the 28th March , 1891 . Regulation No. 6 of the 16th day of December, 1889, is hereby annulled and in lieu thereof the - following regulations shall be substituted : 6. The carriages, trucks and waggons of the Company and the machinery therein Time of Inspee tion and Testing now in use shall hereafter be inspected and tested by the Surveyor General or any ofcarriages &c , of Machinery &c. officer or officers appointed for the purpose by the Governor in Council in the month of January in every year and the engines ropes and other machinery of the Tramway shall be also inspected and tested as aforesaid every year. ADDENDA IN VOL . IV . At page 1969, note that section 4 subsection 3 of Ordinance No. 6 of 1886 is repealed by Ordi nance No. 4 of 1891 and a new section substituted . At page 2005, under Article 32 " Receipt," note the following : Rules made by the Governor in Council, under Section 5 of Ordinance No. 16 of1886 (The Stamp Ordinance ), on the 14th and gazetted the 21st March, 1891 . 1. Postage Stamps of the value of two cents may be used in lieu of Revenue Stamps of the same value. 2. On and after the 1st day of July, 1891 , the value of the stamp required for receipts, & c. , under item No. 32 of the schedule to Ordinance No. 16 of 1886, shall be two cents instead of three cents as at present . At page 2085, note the following revised Rates of Postage, gazetted 4th April, 1891 , infra.  RATES OF POSTAGE IN HONGKONG, AND AT BRITISH POST OFFICES IN CHINA. The Post Office declines all responsibility for unregistered covers containing bank notes, coin, or NEWSPAPERS jewellery; and, where Registration has been neglected, WILL MAKE NO ENQUIRIES into alleged PATTERNS REGISTRATION REGISTERED CURRENT losses of such covers. LETTERS BOOKS PRICES RECEIPT RETURN AND AND .CARDS ARTICLES ,EACH POST , ER FOR , OZ , .P EACH , . . PER .207 (a.) cents. cents. cents. cents. cents. cents. Between Hongkong, Canton and Į (b.) 2 1 2 2 5 5 Macao, and for local delivery, S } To China, (or from China to Hongkong), (b. ) 23 Cochin-China,....... 99 Corea, ...... Japan, " " " " " " 10 10 10 North Borneo, 2 5 5 2 Philippine Islands,... (c.) Siam, Straits Settlements, Tonquin, .... To Australia,...... VIA TORRES STRAITS, 10 New Zealand, CANNOT 2 (b .) BE SENT. 2. 10 NOT ISSUED. 29 Tasmania....... Fiji, S VIA CEYLON,.. 15 10 10 CANNOT 5 10 NOT ISSUED. To Natal and Cape Colony,... (b. ) 20 BE SENT. To all other places ,. 10 3 2 2 10 5 (d.) (d.) 2 To United Kingdom,. 7 3 (a.) Not to exceed 4 oz . in weight, (Prices Current, 2 oz . ) otherwise the rate is per 4 oz . for newspapers, and per 2 oz . for other printed matter. (b.) Prepayment is compulsory. (C ) REGISTRATION IN CHINA extends to Hoihow, Canton, Swatow, Amoy, Foochow, Ningpo, Shanghai and Hankow only. (d.) Cannot be sent to countries not in the Postal Union. FOR PARCEL RATES ; see separate Table, or the Postal Guide. GENERAL POST OFFICE, HONGKONG, 4th April, 1891 .  PREFACE TO VOL. IV . This volume and the three preceding volumes complete the Edition of the Ordinances, which terminates with the year 1887 , under orders from the Government . At the end of this volume a table has been added which is intended to serve as an Index to all Proclamations, Rules and Orders, & c. , & c ., printed in the preceding volumes . ANDREW J. LEACH. 13th April, 1891 .  CHRONOLOGICAL TABLE OF THE ORDINANCES IN Volume IV ( pp . 1835 to 2221 ) showing how the Ordinances have been dealt with . PAGE NUMBER OF AND TITLE . HOW DEALT WITH . COM YEAR. MENCE MENT . No. 1 of 1885, An Ordinance to apply a sum not exceeding Nine hundred and Forty-nine thousand, and Sixty-one Dollars to the Public Ser Rep. by Ord. No. 4 of 1887 , .. 1835 vice of the year 1885 , .... No. 2 of 1885, An Ordinance to amend The Stamp Ordi- Rep. by Ord . No. 16 of 1886, 1836 nance, 1884, No. 3 of 1885, An Ordinance entitled The Bankers' Books Rep. by Ord . No. 2 of 1889, 1837 Evidence Ordinance, 1885 , ..... .. .. No. 4 of 1885 , An Ordinance to amend Ordinance 8 of 1882 ,. 1839 No. 5 of 1885 , An Ordinance to amend Ordinance 7 of 1873 , .. 1839 Ordinance, No. 14 of 1870 . No. 6 of 1885 , | An Ordinance to amend Ordinance 14 of 1870, .. is repealed by Ord. No. 1840 13 of 1888 , No. 7 of 1885, An Ordinance entitled The Unclaimed Balan- } 1840 ces Ordinance, 1885 , .... ... No. 8 of 1885 , An Ordinance entitled The Weights and 1844 Measures Ordinance, 1885, .... No. 9 of 1885 , An Ordinance entitled The Bills of Exchange 1848 Ordinance, ... No. 10 of 1885 , An Ordinance for the Incorporation of the Vicar Apostolic of the Roman Catholic 1889 Church in Hongkong, No. 11 of 1885 , | An Ordinance entitled The Post Office Ordi nance, 1884, Amendment Ordinance, Rep. by Ord. No. 1 of 1887 , .. 1890 1885 , No. 12 of 1885, An Ordinance entitled The Married Women's ) 1891 Disposition of Property Ordinance, 1885, f No. 13 of 1885, An Ordinance entitled An Ordinance to Rep. by Ord . No. 8 of 1886, 1894 amend Ordinance 16 of 1873 , No. 14 of 1885, An Ordinance entitled The French Mail Steamers Ordinance continuation Ordi Rep. by Ord . No. 4 of 1887 , 1895 nance, 1885, No. 15 of 1885, An Ordinance entitled The Preservation of \ 1895 Wild Birds and Game Ordinance, .... No. 16 of 1885 , | An Ordinance to authorize the Appropriation ) of a Supplementary Sum of Two hundred and Forty-two thousand and Seventy- nine Rep. by Ord. No. 4 of 1887, 1896 Dollars and Twenty Cents to defray the Charges of the Year 1884 , ..... VI CHRONOLOGICAL TABLE OF THE ORDINANCES. PAGE NUMBER OF AND TITLE. HOW DEALT WITH . Сом YEAR. MENCE MENT. No. 17 of 1885 , | An Ordinance to apply a sum not exceeding One million Two thousand Nine hundred Rep. by Ord. No. 4 of 1887,.. 1897 and Eighty-two Dollars to the Public Service of the Year 1886 , In force from 1st February, No. 18 of 1885, An Ordinance entitled "The Prison Ordinance 1899 1886 : Procl . 30th Jan., 1885 , .. 1886 , No. 19 of 1885, | An Ordinance entitled The Cattle Disease 1942 .. Rep . by Ord . No. 17 of 1887 , Ordinance, 1885, .... No. 20 of 1885, An Ordinance to amend Ordinance 8 of 1860, .. 1943 In force from 6th January, No. 21 of 1885, An Ordinance entitled The Municipal Rates 1886 : Procl. of same date. 1945 Ordinance, 1885 , ..... Rep. by Ord . No. 15 of 1888, No. 1 of 1886, An Ordinance to empower the Colonial Trea surer to pay otherwise than to Executors ( Confirmation proclaimed } or Administrators small Sums due on ac 1954 5th June , 1886, count of Pay or Allowance, to Persons deceased,..... No. 2 of 1886, An Ordinance for the better Apportionment ) 1954 of Rents and other Periodical Payments, ) No. 3 of 1886, An Ordinance to amend the Law relating to 1956 Larceny and Embezzlement, .... .. No. 4 of 1886, An Ordinance to amend the Law relating to 1957 the Custody of Infants,..... ... No. 5 of 1886, An Ordinance to amend the Law relating to 1957 Sales of Reversions , ... No. 6 of 1886, An Ordinance to regulate the printing of In force from 12th July, Newspapers and Books and the keeping 1886 : Procl . 10th July 1958 of Printing Presses within the Colony, .. 1886, No. 7 of 1886, An Ordinance to repeal the Usury Laws and ) 1966 to fix a legal rate of interest,. . . . . .. No. 8 of 1886, An Ordinance entitled The Trade Marks 1967 Ordinance, Amendment Ordinance, 1886, J No. 9 of 1886, An Ordinance entitled The Religious Cere- Rep. by Ord . No. 13 of 1888 , 1967 monies and Festivals Ordinance , 1886 , .. No. 10 of 1886, An Ordinance entitled an Ordinance for the Relief of Widows and Children of Intes 1969 tates where the personal estate is of small value, No. 11 of 1886, An Ordinance to authorise the raising of a Loan not exceeding Two Hundred Thou 1970 sand Pounds, No. 12 of 1886, | An Ordinance to consolidate and amend the In force from 12th July, Law for preventing Frauds upon Credit 1886 Procl. 10th July 1972 ors by Secret Bills of Sale of Personal 1886, Chattels,  CHRONOLOGICAL TABLE OF THE ORDINANCES . VII PAGE NUMBER OF AND TITLE. HOW DEALT WITH . Сом YEAR. MENCE MENT. No. 13 of 1886, An Ordinance entitled An Ordinance to In force from 12th July, amend the Law as to Sales of Land by 1886 : Procl. 10th July, 1984 Public Auction, .... ... 1886, .... No. 14 of 1886 , | An Ordinance entitled An Ordinance for the Incorporation of the Procurator, in Hong 1985 kong, for the Dominican Missions in the Far East, Parts II and III in force from 26th April to the No. 15 of 1886, An Ordinance entitled The Peace Preserva- Į 2nd June , 1886 : Procl. 1987 tion Ordinance, 1886, 26th April, 1886 : Gov ernment Notification 2nd June, 1881 , ..... In force from 1st June, 1886 : Procl. 22nd May, No. 16 of 1886, An Ordinance entitled The Stamp Ordinance, 1886. 1993 1886, ... Schedule Art. 32 rep. by Ord. No. 14 of 1890 and new Art. substituted , .. . No. 17 of 1886 , An Ordinance entitled The Opium Ordi- } 2008 nance, 1886, ..... No. 18 of 1886 , | An Ordinance entitled An Ordinance to pre vent the sale or conveyance on board Ship of any Spirituous or Fermented Liquor, and to prohibit the hovering near or about 2008 Ships of any persons in boats for the purpose of selling or taking on board Ship of such liquor, ... ...... No. 19 of 1886, An Ordinance entitled The Reformatory Amended by Ord. No. 10 2009 Schools Ordinance, 1886, .... of 1889, 10 } No. 20 of 1886 , An Ordinance entitled The Harbour Regula- Į 2018 tions Ordinance , 1886 , In force from 1st July, No. 21 of 1886, An Ordinance entitled The Spirit Licences ) 1886 : Procl . 12th June, 2021 Ordinance, 1886, 1886, No. 22 of 1886, An Ordinance entitled The French Mait Steamers Ordinance continuation Ordi Expired, 2038 nance, 1886 , No. 23 of 1886, An Ordinance entitled An Ordinance to make temporary provision for securing the status of German Mail Steamers Expired, 2038 within the Ports of the Colony of Hong kong, No. 24 of 1886 , An Ordinance to authorize the Appropriation of a Supplementary Sum of One hundred and Twenty-three thousand Seven Rep. by Ord. No. 4 of 1887 , .. 2039 hundred and Ninety-eight Dollars and Eleven Cents to defray the Charges of the Year 1885, VIII CHRONOLOGICAL TABLE OF THE ORDINANCES . PAGE NUMBER OF AND TITLE . HOW DEALT WITH. COM YEAR . MENCE MENT. No. 25 of 1886, An Ordinance to apply a sum not exceeding One million Ninety-four thousand Nine 2040 hundred and Fourteen Dollars to the Public Service of the Year 1887 , .... No. 26 of 1886 , An Ordinance entitled An Ordinance for ) enabling the Legislative Council and any Committee thereof to compel the 2041 attendance of and to administer Oaths to Witnesses, No. 27 of 1886 , An Ordinance entitled An Ordinance to enable the Governor of Hongkong to appoint Commissions under the seal of the Colony 2043 and to confer certain powers on Com missioners so appointed necessary for conducting Inquiries, .. No. 28 of 1886 , An Ordinance entitled An Ordinance to 2046 amend the Law relating to Wills, . . . . No. 29 of 1886, An Ordinance entitled An Ordinance relating 2047 to Bills of Lading, .. No. 30 of 1886, An Ordinance entitled An Ordinance to amend the Companies Ordinances 1865 2049 1886, ..... No. 31 of 1886 , An Ordinance entitled An Ordinance for Sec. 2 amended by Ords. preserving an authentic record of the 2073 No. 6 of 1889 and No. Ordinances of the Colony and for other 17 of 1889, .. purposes, ... In force from 9th May, 1887 : Procl. 7th May, 1887. No. 1 of 1887 , An Ordinance entitled The Post Office Or Sec. 28 the words " not 2074 dinance, 1887 , .... being a postage stamp issued under this Ord inance," rep. by Ord. No. 22 of 1889 , No. 2 of 1887, An Ordinance entitled An Ordinance to amend 2089 the Promissory Oaths Ordinance, 1869, No. 3 of 1887, An Ordinance entitled An Ordinance to amend 2090 Ordinance No. 8 of 1879, ... No. 4 of 1887 , An Ordinance entitled An Ordinance for pro moting the Revision of the Statute Law by repealing certain enactments which 2090 have ceased to be in force or have become unnecessary , ... No. 5 of 1887, An Ordinance entitled An Ordinance to amend the Law respecting Defamatory Words 2094 and Libel, Secs. 2 , 3 , and 4 rep. by No. 6 of 1887, An Ordinance to regulate the carrying and Ord. No. 4 of 1889. 2099 possession of arms, All rep. by Ord. No. 14 of 1889,  CHRONOLOGICAL TABLE OF THE ORDINANCES . IX PAGE NUMBER OF AND TITLE. HOW DEALT WITH . COM YEAR, MENCE MENT. No. 7 of 1887 , An Ordinance to remove doubts as to the application of Ordinance No. 2 of 1875, Rep. by Ord. No. 19 of1889, .. 2102 S No. 8 of 1887, An Ordinance for the Suppression of the Triad and other unlawful Societies and 2102 for the Punishment of the Members thereof, . .. No. 9 of 1887, An Ordinance for the better protection of Rep . by Ord . No. 19 of 1889, .. 2105 young Girls, .... No. 10 of 1887, An Ordinance to abolish Transportation and Penal Servitude and to substitute other 2108 Punishment in lieu thereof, ………. No. 11 of 1887 , An Ordinance for the more effectual 2109 Prevention of Crime, No. 12 of 1887 , An Ordinance entitled The French Mail Steamers Ordinance continuation Ordi Expired , ...... 2114 nance, 1887, No. 13 of 1887 , An Ordinance entitled The German Mail Steamers Ordinance continuation Ordi Expired, ... 2115 nance, 1887, No. 14 of 1887 , An Ordinance to consolidate and amend the ( Secs. 2 , 7, 15 , 23 amended i 2115 Law for the Establishment and Regula 20 of1890, tion of the Police Force of the Colony,.. No. 15 of 1887, An Ordinance authorising the Hongkong and Shanghai Banking Corporation to con 2131 Confirmation proclaimed } tinue incorporated for the further term of 16th August, Twenty-one years, Sec. 2 amended by Ord. ] No. 23 of 1887. No. 16 of 1887 , An Ordinance empowering the Courts to So much as relates to the award Whipping as a further punishment power of a Magistrate to 2132 for certain Crimes, order whipping rep. by Ord. No. 10 of 1890 as from January 1st, 1891 , J ୮ In force from 7th May, 1 1888 : Procl . 5th May, 1888. Secs. 1 , 2, 7 , 8 amended by Ord. No. 21 of 1889 (repealed ) and by Ord. No. 17 of 1887 , An Ordinance entitled The Cattle Diseases, No. 23 of 1890. Slaughter-Houses, and Markets Ordi Sec. 3 sub-s. 4 rep. by 2133 nance, 1887, ... Ord. No. 12 of 1890. Sec. 24 rep. by Ord . No. 23 of 1890. Schedude (B), Bye-laws 1 , 2, 3 revoked by Bye laws of the 21st May, 1890, .... No. 18 of 1887 , An Ordinance to amend and consolidate the 2150 Law relating to Jurors, ....  CAL TABLE OF THE ORDINANCES . X CHRONOLOGI PAGE NUMBER OF AND TITLE. HOW DEALT WITH . COM YEAR. MENCE MENT. No. 19 of 1887 , An Ordinance to enable the Trustees of The Rhenish Missionary Society to sell and 2159 dispose of certain Leasehold property within the Colony of Hongkong, No. 20 of 1887 , | An Ordinance for the naturalization of Chan ) 2161 Kwok Ying, ད No. 21 of 1887 , | An Ordinance to consolidate the law relating 2162 to various Licences , In force from 1st June, No. 22 of 1887, An Ordinance for the better regulating of 1887 : Procl. 28th May, 2170 the trade in Opium, .... 1887, No. 23 of 1887, An Ordinance to amend Ordinance No. 16 ) 2178 of 1887 , ... In force from 31st May, 1888 : see Procl. 30th May, 1888 , and 9th June, 1888. Secs. 27, 28 rep. by Ord. No. 24 of 1887, An Ordinance for amending the Laws relat No. 4 of 1890. ing to Public Health in the Colony of Secs. 40 to 48 ( inclusive ) || 2178 Hongkong, rep. by Ord. No. 26 of 1890. Secs. 50, 73 amended by Ord. No. 26 of 1890. Sec. 67 (in part) rep. by Ord. No. 26 of 1890, .. No. 25 of 1887 , An Ordinance to authorise the Appropria tion of a Supplementary Sum of Three hundred and Ninety-two thousand Four 2219 hundred and Sixty-two Dollars and Thirty Cents to defray the Charges of the Year 1886 , .... No. 26 of 1887, An Ordinance to apply a sum not exceeding One million One hundred and Seventy six thousand Four hundred and Forty 2220 nine Dollars to the Public Service of the 1 Year 1898,  ALPHABETICAL TABLE OF ORDINANCES IN Volume IV (pp. 1835 to 2221) being an Index to the titles of the Ordinances . SUBJECT MATTER . NUMBER AND YEAR. PAGE. Abolition of Transportation, No. 10 of 1887, 2108 Act (Wills Amendment, ) No. 28 of 1886, 2046 Administration of Passengers Estates, .. No. 20 of 1885 , 1943 Allowances to deceased Civil Servants (Small Sums, ) ... No. 1 of 1886 , 1954 Appointment of Commissioners for Inquiries,. No. 27 of 1886, 2043 Apportionment , Rents & c ., No. 2 of 1886, 1954 Appropriation, No. 1 of 1885, 1835 99 No. 17 of 1885 , 1897 99 No. 25 of 1886 , 2040 99 No. 26 of 1887, 2220 99 (Supplementary,) No. 16 of 1885 , 1896 99 99 No. 24 of 1886 , 2039 99 99 No. 25 of 1887, 2219 Arms, Carriage and Possession of, No. 6 of 1887, 2099 Auction Sales of Land, . No. 13 of 1886 , 1984 Authentic Record of Ordinances,. .. No. 31 of 1886, 2073 Balances of Estates (Unclaimed , ) ... No. 7 of 1885 , 1840 Banishment and Conditional Pardons, . No. 4 of 1885, 1839 Bank (Hongkong & Shanghai, ) .... No. 15 of 1887, 2131 Bankers' Books Evidence, No. 3 of 1885, 1837 Bills of Exchange, ... No. 9 of 1885 , 1848 Bills of Lading, No. 29 of 1886, 2047 Bills of Sale, No. 12 of 1886, 1972 Birds Preservation , . ... No. 15 of 1885 , 1895 No. 18 of 1886, 2008 Board of Ship Liquor Sale, ... Books (Printers and Publishers, ) .... No. 6 of 1886 , 1958 XII ALPHABETICAL TABLE OF ORDINANCES . SUBJECT MATTER. NUMBER AND YEAR. PAGE. Carriage and Possession of Arms (See Arms.) Cattle Disease, No. 19 of 1885, 1942 99 29 No. 17 of 1887, 2133 Ceremonies (Religious ,) No. 9 of 1886, 1967 Children of Intestates Relief, ·· No. 10 of 1886 , 1969 Chinese Passes, .... No. 6 of 1885, 1840 Church (Roman Catholic) Incorporation, No. 10 of 1885, 1889 Civil Servants deceased , Pay and Allowances, No. 1 of 1886, 1954 Commissioners Powers,.. No. 27 of 1886, 2043 Companies (Amendment, ) ...... No. 30 of 1886, 2049 Compulsory Attendance of Witness before Council, .... No. 26 of 1886, 2041 Conditional Pardons (and Banishment,) No. 4 of 1885 , 1839 Crimes (Prevention ,) ... No. 11 of 1887, 2109 Crimes (Whipping for, ) ......... No. 16 of 1887, 2132 99 99 No. 23 of 1887 , 2178 Custody of Infants, .. No. 4 of 1886 , 1957 Defamation, No. 5 of 1887, 2094 Disposition of Property (Married Women ,) No. 12 of 1885, 1891 Dominican Mission Incorporation , No. 14 of 1886, 1985 Embezzlement , ... No. 3 of 1886 , 1956 Establishment of Police, · No. 14 of 1887, 2115 Estates of Passengers dying at sea, No. 20 of 1885, 1943 Evidence (Bankers' Books,) No. 3 of 1885, 1837 Exchange (See Bills of Exchange. ) Fermented Liquor, ' Sale on board Ship, No. 18 of 1886, 2008 Festivals ( Religious,) No. 9 of 1886, 1967 Frauds upon Creditors, Prevention, ( See Bills of Sale . ) French Mail Steamers (Status,) No. 14 of 1885, 1895 99 99 No. 22 of 1886 , 2038 99 99 No. 12 of 1887, 2114 Game Preservation, No. 15 of 1885, 1895 Gaol (See Prison .)  ALPHABETICAL TABLE OF ORDINANCES . XIII SUBJECT MATTER. NUMBER AND YEAR. PAGE. .... German Mail Steamers, (Status), .. No. 23 of 1886, 2038 29 "" 99 No. 13 of 1897, 2115 Girls- Protection of,. No. 9 of 1887, 2105 Governor's power to appoint Commissioners, No. 27 of 1886 , 2043 Harbour Regulations , .. No. 20 of 1886, 2018 Hongkong & Shanghai Bank (Extension of term ) , .... No. 15 of 1887, 2131 Incorporation of Vicar Apostolic, (Roman Catholic Church) , .... No. 10 of 1885, 1889 "" of Procurator of Dominican Missions, No. 14 of 1886, 1985 Infants Custody, .... No. 4 of 1886, 1957 Inquiries by Commission, No. 27 of 1886 , 2043 Intestates, Widows and Children Relief, ..... No. 10 of 1886, 1969 Jurors (Consolidation,) No. 18 of 1887, 2150 Lading, Bills of, .. No. 29 of 1886, 2047 Land, sale by Auction, No. 13 of 1886 , 1984 Larceny & Embezzlement, No. 3 of 1886 , 1956 Law relating to Infants' Custody, No. 4 of 1886, 1957 "" Jurors, No. 18 of 1887, 2150 "" Licences, No. 21 of 1887, 2162 99 Public Health , .... No. 24 of 1887, 2178 "9 Sales of Reversions, No. 5 of 1886, 1957 22 Wills, No. 28 of 1886 , 2046 Law Statute Revision, No. 4 of 1887, 2090 Laws (Usury) Repeal, No. 7 of 1886, 1966 Legal Rate of Interest, .. No. 7 of 1886, 1966 Legislative Council Witnesses , ... No. 26 of 1886, 2041 Libel, ..... No. 5 of 1887, 2094 Licences (Spirit, ) No. 21 of 1886, 2021 Licensing Consolidation, No. 21 of 1887, 2162 Liquor Sale on Ships, .... No. 18 of 1886 , 2008 Loan (Public, ) .... No. 11 of 1886, 1970 Mail Steamers (French) Status, No. 14 of 1885 , 1895 "" 29 No. 22 of 1886, 2038 XIV ALPHABETICAL TABLE OF ORDINANCES . SUBJECT MATTER. NUMBER AND YEAR. PAGE . Mail Steamers (French) Status , No. 12 of 1887, 2114 99 (German) "" No. 23 of 1886 , 2038 99 99 99 No. 13 of 1887, 2115 Married Women's Disposition of Property , No. 12 of 1885, 1891 Markets , ....... No. 17 of 1887, 2133 Measures (and Weights,) No. 8 of 1885, 1844 Merchant Shipping (See Harbour Regulations) . Merchant Shipping (Amendment ,) .... No. 3 of 1887 , 2090 • Missionary Society (Rhenish,) ... No. 19 of 1887, 2159 Municipal Rates, No. 21 of 1885, 1945 Naturalization, No. 20 of 1887, 2161 Newspapers, No. 6 of 1886, 1958 Oaths (Promissory,) .... No. 2 of 1887 , 2089 Oaths to Witness before Council,. No. 26 of 1886, 2041 Opium, No. 17 of 1886 , 2008 "" No. 22 of 1887 , 2170 Ordinances, -Record of …………. No. 31 of 1886, 2073 Passengers' Estates ,. No. 20 of 1885, 1943 Passes for Chinese, .... No. 6 of 1885 , 1840 Pay of deceased Civil Servants (Small Sums,) No. 1 of 1886 , 1954 Peace Preservation , ... No. 15 of 1886 , 1987 Penal Servitude ( Abolition,) .... No. 10 of 1887, 2108 Periodical Payments Apportionment, No. 2 of 1886, 1954 Police Force Consolidation, ·· No. 14 of 1887, 2115 Possession of Arms (See Arms. ) Post Office, .... No. 11 of 1885, 1890 39 99 No. 1 of 1887, 2074 Preservation of Birds and Game, No. 15 of 1885, 1895 Prevention of Crimes, No. 11 of 1887, 2109 Printers and Publishers , No. 6 of 1886, 1958 Printing Presses, No. 6 of 1886, 1958 Prison, No. 18 of 1885 , 1899  ALPHABETICAL TABLE OF ORDINANCES . XV SUBJECT MATTER. NUMBER AND YEAR. PAGE. Procurator of Dominican Missions, No. 14 of 1886 , 1985 Promissory Notes ( See Bills of Exchange) . Promissory Oaths, ... No. 2 of 1887 , 2089 Property of Married Women, No. 12 of 1885, 1891 Protection of Women, ·· No. 7 of 1887, 2102 95 of Young Girls, No. 9 of 1887, 2105 Public Auction (See Sales of Land). Public Health, ... No. 24 of 1887 , 2178 Rate of Interest (See Usury Laws). Rates, Municipal, ... No. 21 of 1885 , 1945 Raw Opium, No. 22 of 1887, 2170 Record of Ordinances, ... No. 31 of 1886, 2073 Reformatory Schools , .......... No. 19 of 1886 , 2009 Relief of Intestates, Widows and Children, ... No. 10 of 1886, 1969 Relief of Trustees, · No. 5 of 1885 , 1839 Religious Ceremonies & c., .. No. 9 of 1886, 1967 Rents Apportionment, No. 2 of 1886 , 1954 Repeal of Usury Laws, .... No. 7 of 1886 , 1966 Revenue ( See Appropriation) . Reversions ( Sales of,) .... No. 5 of 1886 , 1957 Revision of Statutes (See Statute Law Revision) . Rhenish Mission, No. 19 of 1887, 2159 Sale (Bills of), No. 12 of 1886 , 1972 Sale of Land by Public Auction, No. 13 of 1886 , 1984 Sales of Reversions, No. 5 of 1886 , 1957 Schools, Reformatory , No. 19 of 1886 , 2009 Secret Bills of Sale prevention , No. 12 of 1886 , 1972 Ships, sale of liquors on board, ..... No. 18 of 1886, 2008 Spirit Licences, No. 21 of 1886, 2021 Slaughter-Houses,. No. 17 of 1887, 2133 Stamp, .. No. 2 of 1885 , 1836 99 No. 16 of 1886 , 1993 XVI ALPHABETICAL TABLE OF ORDINANCES . SUBJECT MATTER. NUMBER AND YEAR. PAGE. Status of French Mail, .... No. 14 of 1885, 1895 "" "" 29 No. 22 of 1886, 2038 "" 99 99 No. 12 of 1887, 2114 "" of German Mail, No. 23 of 1886, 2038 "" "" 99 No. 13 of 1887, 2115 Statute Law Preservation, No. 31 of 1886, 2073 Statute Law Revision, No. 4 of 1887 , 2090 Trade Marks, No. 13 of 1885 , 1894 99 99 No. 8 of 1886, 1967 Transportation (Abolition, ) ..... ... No. 10 of 1887 , 2108 Triad Society, ... No. 8 of 1887, 2102 Trustees Relief , No. 5 of 1885, 1839 Unclaimed Balances of Estates, No. 7 of 1885 , 1840 Unlawful Societies , No. 8 of 1887, 2102 Usury Laws, No. 7 of 1886, 1966 Vicar Apostolic (Roman Catholic Church, ) No. 10 of 1885 , 1889 Weights and Measures, .... No. 8 of 1885, 1844 Whipping for Crimes, No. 16 of 1887, 2132 93 29 No. 23 of 1887, 2178 Widows and Children's Relief, .... No. 10 of 1886, 1969 Wild Birds Preservation , .... No. 15 of 1885, 1895 Wills Act Amendment, No. 28 of 1886, 2046 Witness before Legislative Council, No. 26 of 1886, 2041 Women, Protection of, No. 7 of 1887 , 2102 Young Girls Protection, . No. 9 of 1887, 2105  ORDINANCE No. 1 of 1885 . 1835 Revenue. No. 1 of 1885. An Ordinance to apply a sum not exceeding Nine hundred and Forty nine thousand, and Sixty -one Dollars to the Public Service of the Year 1885. [ 25th January, 1885. ] HEREAS the expenditure required for the service of this Colony for the year. W 1885 has been estimated at the sum of nine hundred and forty-nine thousand , and sixty-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 nine hundred and forty-nine thousand, and sixty- one dollars shall be, and the same is hereby charged upon the revenue of this Colony for 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, ........ 10,096 Audit Office, ...... 4,518 Colonial Treasurer,.... 4,930 Clerk of Councils, 200 Surveyor General, 48,031 Postmaster General, 26,900 Registrar General, 17,872 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, 16,590 Police Magistrates , ...... 7,579 Police, ..... 157,584 Gaol, ..... 26,844 Fire Brigade, ..... 9,666 $468,164 1836 ORDINANCES Nos. 1 AND 2 OF 1885 . Revenue. Stamp. Broughtforward,………………………. . $468,164 SERVICES EXCLUSIVE OF ESTABLISHMENTS : Colonial Treasurer,..... $ 4,116 Surveyor General, 2,520 Postmaster General, 68,000 Registrar General, .... 25 Government Gardens and Plantations, ... 10,800 Judicial, 860 Ecclesiastical, 1,220 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, .... 70,100 Roads, Streets, and Bridges, 38,500 Miscellaneous Services, 59,697 Military Contribution, 113,345 $480,897 GRAND TOTAL, …………… .$949,061 2. Ordinance 21 of 1884 is hereby repealed, but such repeal shall not affect anything lawfully done or commenced to be done thereunder. [ Repealed by Ordinance No. 4 of 1887. ] No. 2 of 1885. An Ordinance to amend The Stamp Ordinance, 1884 . [ 25th January, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BR Council thereof, as follows : Amendment of 1. Ordinance 15 of 1884 is hereby amended as follows, viz.: section 9. For section 9 substitute the following section : 9. Except as otherwise provided by this Ordinance, no document liable to stamp duty under this Ordinance shall be received as creating, transferring,  ORDINANCES Nos. 2 AND 3 OF 1885 . 1837 Stamp. Bankers' Books Evidence. or extinguishing any right or obligation , or as evidence in any civil proceed ing 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 according to this Ordinance or in accordance with the law in force in the Colony at the time it was executed . Provided that any Civil Court may direct the Collector to stamp and receive the duty, and penalty if any, upon any document which may be stamped after execution under this Ordinance. Such duty and penalty shall be paid into Court and shall be remitted to the Collector with the document to be stamped after such document has been admitted in evidence. In section 10 strike out the words " or the Court ordering such stamping." Amendment of section 10. In article 8 of the schedule strike out the words and figures in the second column Amendment of schedule article 8. of the second clause of that article and substitute the following : Under $ 10, Free. From $ 10 to $ 50,.. .02 cents . $ 50 to $ 250,..... .05 99 39 "" $ 250 to $ 500,. .10 29 .20 33 8 500 to $ 1,000,. "" "" $ 1,000 to $ 2,000,... .50 99 "" $ 2,000 to $ 3,000 , .... $1.00 "" 33 $ 3,000 to $ 5,000 , ..... $1.50 99 "" $ 5,000 to $ 10,000, .. $2.00 99 99 $ 10,000 to $ 15,000 , .. $3.00 "" Every $ 5,000 additional, .. $0.50 "" In article 32 of the schedule add the following exemption : -- Article 32. Receipt given by any officer or soldier of Her Majesty's forces stationed in the Colony for money paid out of Imperial Revenue. [ Repealed by Ordinance No. 16 of 1886. ] No. 3 of 1885. An Ordinance entitled The Bankers ' Books Evidence Ordinance, 1885 . [ 29th January , 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative B' Council thereof, as follows : 1. Ordinance 7 of 1882 is hereby repealed. Ordinance 7 of 1882 repealed . 2. Subject to the provisions of this Ordinance a copy of any entry in a banker's Copy of entry prima facie book shall in all legal proceedings be received as primâ facie evidence of such entry, evidence. and of the matters, transactions, and accounts therein recorded. 1838 ORDINANCE No. 3 of 1885. Bankers' Books Evidence. Copy to be from ordinary 3. A copy of an entry in a banker's book shall not be received in evidence under book. [* Sic.] this* Act unless it be first proved that the book was at the time of making the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any person authorized to take affidavits. Copy tobe certified . 4. A copy of an entry in a banker's book shall not be received in evidence under ["Sie.] this* Act unless it be further proved that the copy has been examined with the original entry and is correct. Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any person authorized to take affidavits. Not compuls . ry 5. A banker or officer of a bank shall not, in any legal proceeding to which the to produce original. bank is not a party, be compelled to produce any banker's book the contents of which can be proved under this Ordinance, or to appear as a witness to prove the matters, transactions or accounts therein recorded , unless by order of a Judge made for · special cause. Court or Judge 6. On the application of any party to a legal proceeding a Court or Judge may may direct copies to be order that such party be at liberty to inspect and take copies of any entries in a taken. banker's book for any of such proceedings. An order under this section may be made either with or without summoning the bank or any other party , and shall be served on the bank three clear days before the same is to be obeyed, unless the Court or Judge otherwise directs. Costs. 7. The cost of any application to a Court or Judge under or for the purposes of this Ordinance, and the cost of anything done or to be done under an order of a Court or Judge made under or for the purposes of this Ordinance, shall be in the discretion of the Court of Judge, who may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding. Interpretation 8. In this Ordinance the expression " bank" shall mean any corporation, company of the terms "hank," "banker," and or society established by charter or, under, or by virtue of any Act of Parliament or "banker's books." Ordinance lawfully carrying on the business of bankers, or any foreign banking company carrying on business in this Colony, and recognized as such for the purposes of this Ordinance by an order of the Governor in Council, published in the Gazette. Expressions in this Ordinance relating to "banker's books " include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank. The expression " legal proceeding " means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration ; the  ORDINANCES Nos. 3 , 4 AND 5 OF 1885 . 1839 Bankers' Books Evidence. Banishment and Conditional Pardons. Trustees Relief. expression "the Court " means the Court, Judge , arbitrator, persons , or person before whom a legal proceeding is held or taken ; The expression " a Judge " means a Judge of the Supreme Court of the Colony of Hongkong. 9. Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded Certain days excluded from from the computation of time under this Ordinance. computation oftime. [ Repealed by Ordinance No. 2 of 1889. ] No. 4 of 1885 . An Ordinance to amend Ordinance 8 of 1882 . [ 21st February, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 1. Section 3 of Ordinance 8 of 1882 is hereby amended by adding Amending sec. 3 of Ord . at the end thereof the words following, viz . : 8 of 1887. " It shall be in the discretion of the Governor in Council to order that the person named in any 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 . " 2. This Ordinance shall come into force on the 1st day of April, 1885 . No. 5 of 1885. An Ordinance to amend Ordinance 7 of 1873. [ 21st February, 1885. ] BE it enacted by the Governor of Hongkong , with the advice of the ВЕ Legislative Council thereof, as follows :-- 1. Ordinance 7 of 1873 is hereby amended by adding at the end of Ordinance 7 of 1873 section 6 , the words following, viz . : -" There shall also be imposed and amended. "levied for the use of the Crown upon all such estates a charge equivalent "to one per centum on the annual revenue of the trust estate . The " Official Trustee shall deduct such charge in making up the annual 46 accounts of the estate, and pay the same into the Treasury." ¡  1840 ORDINANCES Nos . 6 AND 7 OF 1885 . Chinese Passes. Unclaimed Balances. No 6 of 1885 . An Ordinance to amend Ordinance 14 of 1870 . [ 21st February, 1885. ] [See Ordinance No. 18 of 1888. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BR Council thereof, as follows : Amending sec. 1. Section 27 of Ordinance 14 of 1870 is hereby amended by adding at the end 27 of Ord. I of 1870. thereof the words following, viz. : " The Governor in Council may from time to time by order declare that the provisions of this Ordinance and all or any regulations made thereunder with or without modifications to be specified in such order shall apply in relation to the whole or any part of the Colony as fully to all intents and purposes as the provisions of this Ordinance and the regulations there under apply in relation to the City of Victoria at the time of the making of such order and the provisions and regulations as may be specified in the said order shall thereupon apply." NOTE.-The Ordinance hereby amended is repealed by Ordinance No. 13 of 1888. No. 7 of 1885 . An Ordinance entitled The Unclaimed Balances Ordinance , 1885. [ 2nd March, 1885. ] [See Ord. No. E it enacted by the Governor of Hongkong, with the advice of the 11 of 1888. ―――――――――― Legislative Council thereof, as follows : Transfer of 1. All sums of money which at the time of the passing of this old balances to revenue of Ordinance have remained unclaimed in the Treasury of this Colony for a Colony. period of five years or longer, shall be transferred to the general revenue of the Colony, subject to the provisions of this Ordinance for their refund if claimed after such transfer. Lists of such sums shall forthwith be published in the Government Gazette with a notice calling upon the owners thereof to claim them. Unclaimed 2. Any sum of money other than the balance of an intestate estate balances other than intestate which after the passing of this Ordinance may from any cause be unclaimed estates, future transfer of. in the Treasury of this Colony may , on the expiration of five years from the date of payment of such sum into the Treasury , be transferred to the general revenue of the Colony , subject to the provisions of this Ordinance for the refund of such sum if claimed.  ORDINANCE No. 7 OF 1885. 1841 Unclaimed Balances. Transfers under the provisions of this section shall be made by an order under the hand of the Governor, which order, with the particulars of the sums so transferred , shall be published in the Government Gazette, and shall state the conditions on which a refund of such sums may be obtained . 3. On the expiration of one year from the date of the decease of any Intestate estates, person dying intestate where administration has been granted to the advertise ments. Official Administrator and the next of kin of the deceased are not known [Ord . 6 of 1854, s. 3.] to such Official Administrator , the Official Administrator shall cause advertisements to be published in this Colony and also , where in his opinion it is possible, in the mother country of the deceased, to the effect that if no claimant appear within twelve months to claim any funds remaining from the estate of such deceased person such funds will be transferred to the revenue of this Colony. Provided that such advertise ment shall not be necessary where the funds of the estate are less than twenty dollars in value. 4. After five years from the date of the decease of any such person Transfer of unclaimed dying intestate, the Official Administrator shall pay the unclaimed balance estate to Treasury. of such person's estate into the Colonial Treasury, and the Governor may [ Ord. 6 of 1854, s. 1. ] direct that it be appropriated for the general purposes of the Colony ; Provided that before such direction is given a certificate be furnished to the Governor by the Official Administrator showing that due advertisement has been made for claims to such balance of such estate as required by section 3 of this Ordinance, and that , so far as is known to such Official Administrator, no further claim can reasonably be expected against such balance. 5. Any unclaimed balance paid into the Treasury under the provisions Interest. [Ord. 6 of of this Ordinance at any time previous to the expiration of five years as 1854, s. 4. ] aforesaid, shall be lodged in a chartered or incorporated bank within this Colony, at such rate of interest as may be procurable, and the amount of such interest shall be added to, and considered portion of such unclaimed balance. Refunds. 6. It shall be lawful for any claimant to any money paid into the Petition to Supreme Treasury under this Ordinance, to present his suminary petition in that Court. [Ibid, s, 3. ] behalf to the Supreme Court against the Queen's Attorney General as 1842 ORDINANCE No. 7 CF 1885 . Unclaimed Balances. respondent thereto ; and if he shall verify his said claim by evidence to the satisfaction of the said Supreme Court, it shall be the duty of the said Court to make an order declaring him entitled thereto and the Treasurer on receipt of such order shall pay the sum mentioned therein to the said claimant. Moral claims. 7. The Governor in Council may entertain any moral claim ( as [Ord . 7 of 1869, s. 1. ] distinguished from any legal or equitable claim ) which may be submitted to him by petition in writing by any person , praying for payment of any sum of money which may have been transferred to the Colonial Revenue under the provisions of this Ordinance, and upon such petition it shall be lawful for the Governor in Council, if he shall think fit, to order that such sum or any portion thereof be paid by the Colonial Treasurer to such petitioner. Refund on a 8. Any order made by the Governor in Council under the foregoing moral claim a bar pro tanto section for the payment of the whole or of a portion of any sum of money to subsequent claims. which may have been transferred to the Colonial Revenue under the [Ibid, s. 2. ] provisions of this Ordinance shall be a bar to the extent of any payment made under such order to any subsequent claim against the Crown , to the same sum. Refunds made 9. The general revenue of the Colony shall be applicable to any out of re venue. payment ordered to be made under the provisions of this Ordinance. [See 1 of 1857, s. 2. ] Repeals. Repeals. 10. The following Ordinances are hereby repealed . No. 6 of 1854. No. 1 of 1857. No. 7 of 1869 . But this repeal shall not revive any enactment repealed by any of the said Ordinances , and shall not affect anything duly done or commenced to be done before the passing of this Ordinance . Order made by the Governor under section 2 of The Unclaimed Balances Ordinance, 1885, the 4th February, 1888 , gazetted the same day. Whereas the several sums belonging to certain bankrupt estates as detailed in the following schedule have remained unclaimed in the hands of the Official Assignee, I hereby order and direct, pursuant to section 2 of The Unclaimed Balances Ordinance, 1885, that the said sums be transferred to the general revenue of the Colony, subject to the provisions of the said Ordinance for the refund of such sums if claimed.  ORDINANCE No. 7 of 1885 . 1843 Unclaimed Balances. The conditions on which a refund of such sums may be obtained shall be as follows : 1. That the claimant, if the claim shall be a legal one, shall present his (Ordinance 7 of 1885, sec..) summary petition to the Supreme Court as against the Attorney General, and verify such petition by evidence to the satisfaction of the said Court, or 2. If the claim shall be a moral one, (as distinguished from any legal or (Ordinance ī of 1885, sec. 7.) equitable claim) , the claimant shall submit his claim by petition in writing to the Governor in Council. Schedule referred to in the above Order. DEPOSITS NOT AVAILABLE. Unclaimed Balances, more than 5 years old on 31st December, 1887 . BANKRUPT ESTATES. Tam Chau , Li Kwong and Kwong Lok , ...... .$ 15.53 Ü Ching, ……………. 18.00 Tong Ut, ...... 50.79 Cha Sz, ....... 64.84 J. F. Schuster, 0.44 F. Hutchings , 2.14 Wong Wa Hi,..... 1.76 J. M. Hanlon , 6.17 Li Tsung ,....... 329.64 Draimdrass Dayormull, .... 6.64 Rustomjee Dadabhoy, ... 22.99 Pang Wa Ping, ....... 48.41 Paul Phillipe Reimann, .... 34.06 Wan Pak-kwai, 54.79 Ü Hop , …………………. 81.21 Hongkong Pier and Godown Company, 0.92 John Inglis, ....... 14.95 Tang Fuk, 30.52 Fung Him Shun , …………………. 32.85 Ho Kwong Ming , 61.66 Leung In and Leung Ching, 35.40 Ramon N. Orozco, 0.55 Carried forward, ...$ 914.26  1 1844 ORDINANCES Nos . 7 AND 8 OF 1885 . Unclaimed Balances. Weights and Measures. Brought forward, ……………... 914.26 Yeung Ü Sz, 2.84 Au Yeung Luk, ... 24.07 Cawasjee Rustomjee, 10.74 Hans Kiaer, ....... 42.60 Frederick Major, ………. 20.70 Luis Promoli , ...... 5.54 Maria Mould , ..... 0.71 Frederick, T. Smith, 5.23 Harry Corran, 0.96 Leung Hai Heung, …………………. 3.44 Robert H. Sneil, ...... 0.74 Charles Collins , 0.05 Guilherme da Silveira, 0.22 Hugh Alex. McLean, .... 3.28 Ng Lau Tong, ...... 10.64 Reuben Solomon,...... 14.53 Sheriff Carrim , ..... 13.63 Joseph C. Burt, ... 15.56 Thomas Wm . Smith , .... 9.36 Lau Wo Tiu, ...... 39.66 TOTAL,...........$ 1,138.76 No. 8 of 1885 . An Ordinance entitled The Weights and Measures Ordinance, 1885. [ 2nd March, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the BE - Legislative Council thereof, as follows : Standard 1. The Governor shall cause to be deposited and safely kept in weights and measures to be the Colonial Treasury such weights and measures of the standards in deposited in the Treasu use in the United Kingdom and of such Chinese weights and measures ry, copies and models of as are specified in the schedule to this Ordinance, and the weights and which to be measures so deposited shall be the standard weights and measures of deposited with the Ma this Colony. gistrates.  ORDINANCE No. 8 of 1885 . 1845 Unclaimed Balances. The Governor shall cause to be made copies and models of the several weights and measures so deposited , and such copies and models shall be submitted to the Colonial Treasurer, who shall cause the same to be verified, and, if approved, stamped, or marked in such manner as the Colonial Treasurer may from time to time determine to shew that the same have been verified and approved. Copies and models after being so verified and approved shall be deposited with the Police Magistrates , who shall keep the same for the purposes of reference as hereinafter directed . If any copies or models deposited with a Police Magistrate are lost, destroyed , defaced or injured, they shall be replaced by others of the same weight or measure duly verified and approved . 2. Any person wishing to compare any weight or measure with the Magistrate to verify weights and measures . copy or model deposited with a Police Magistrate shall be allowed access to such copy or model for the purpose of making such comparison , at reasonable times to be appointed by the Police Magistrate in his discretion . The comparison shall be made in the Magistrate's presence, and the Ma gistrate , on being satisfied that the weight or measure brought for com parison corresponds truly to the copy or model , shall stamp or mark the same in such manner as the Colonial Treasurer may from time to time determine to shew that the same has been compared and approved. Such person shall defray all expenses of conveying his weights and measures to or from the Police Court, or shall deposit with the examiner one dollar if such weights and measures are on shore, or two dollars if they are on board a ship in the harbour, to defray such expenses . 3. The Governor shall from time to time appoint proper persons to Appointment of examiners. be examiners of weights and measures, and may at pleasure remove any persons so appointed . 4. It shall be the duty of examiners of weights and measures to enter Examiners may seize the business premises of any persons who sell goods by weight or fraudulent weights and measure and examine the weights and measures found on such premises , measures. and seize any of such weights or measures as appear to be fraudulently stamped or not to be according to or not to agree with the standard weights or measures of the Colony. 5. No person shall buy or sell or otherwise deal by any weights or Dealings by other but measures other than such as are according to and agree with the standard standard weights and weights and measures of the Colony. measures pro hibited. 1846 ORDINANCE No. 8 OF 1885 . Unclaimed Balances. No person shall buy or sell or otherwise deal by any measure of length or by any steelyard which is not made conformably to the regu lations contained in the schedule of this Ordinance . Falsifying 6. Any person who falsifies or wilfully injures any copies or mo weights and measures or dels of standard weights or measures deposited with a Police Magistrate, having posses sion of or buys or sells or otherwise deals by, or upon whose business premises fraudulent weights and are found any weights or measures fraudulently stamped or marked or measures. not according to and agreeing with the standard weights and measures of the Colony, or who obstructs any examiner of weights and measures in the discharge of his duty as such, shall be liable under this Ordinance on summary conviction before a Police Magistrate to a penalty not ex ceeding two hundred dollars for each offence, apart from and in addition to any other penalty or liability to which such person may be subject in respect of such offence. All weights and measures duly seized by an examiner of weights and measures under the provisions of this Ordinance shall be forfeited to the Crown. Weights and 7. Nothing in this Ordinance shall apply to the buying or selling ineasures for dealing in or dealing in medicines or precious metals or precious stones nor to medicines or precious weights or measures employed in relation thereto. metals or pre cious stones not within this Ordinance. Ordinance 22 8. Ordinance 22 of 1844 is hereby repealed , provided that such re of 1844 repealed. peal shall not affect the past operation of such Ordinance or any liability or punishment incurred thereunder. 9. This Ordinance shall come into operation on the first day of April, 1885 . SCHEDULE. CHINESE WEIGHTS AND MEASURES. Weights. 1 Fan (candareen) = 0.133 oz . avoirdupois. 1 Tsin (mace) = 0.133 99 29 1 Leung (tael) 1/3/1 99 19 1 Kan (catty) = 14 lbs. 99 1 Tam (picul ) = 133 " 99 and the following weights, viz.: 2, 3, 4, 5, taels ; 10, 17, 20, 30, 40, 50, taels ; 100, 200, 300, 400, 500, 700, taels.  ORDINANCE No. 8 OF 1885 . 1847 Weights and Measures. Length. 1 Chek (foot) equal to 143 English inches, divided into 10 Tsün or inches, and each inch into 10 Fan or tenths. ENGLISH WEIGHTS AND MEASURES . Weights. 4 Ounces avoirdupois. 7 Pounds avoirdupois . 8 99 99 14 99 39 1 Pound "" 28 99 99 2 Pounds 99 56 25 4 39 99 1 oz. Troy. fo oz . Troy. Po " "" 1 Ounce 13 100 99 "" 2 Ounces 97 Length. 1 Yard divided into feet and inches. Capacity. 1 Half Gill. 1 Half Gallon. 1 Gill. 1 Gallon. 1 Half Pint. 1 Peck. 1 Pint. 1 Half Bushel. 1 Quart. 1 Bushel. The contents of each measure to be not heaped, but flat and level with the rim of the vessel. Measures of length, if made of wood or bamboo, shall (except yard measures imported from the United Kingdom) be tipped at the ends with metal to the satisfaction of the examiner of weights and measures, or, in case of doubt, of a Police Magistrate, whose decision shall be final . 1848 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Bills of Exchange Ordinance, 1885 . ARRANGEMENT OF SECTIONS . PART I. PRELIMINARY. Section. 1. Short title . 2. Interpretation of terms. PART II. BILLS OF EXCHANGE . Form and interpretation . 3. Bill of exchange defined . 4. Inland and foreign bills. 5. Effect where different parties to bil! are the same person. 6. Address to drawee. 7. Certainty required as to payee. 8. What bills are negotiable . 9. Sum payable. 10. Bill payable on demand . 11. Bill payable at a future time. 12. Omission of date in bill payable after date. 13. Ante-dating and post-dating. 14. Computation of time of payment . 15. Case of need. 16. Optional stipulations by drawer or indorser. 17. Definition and requisites of acceptance . 18. Time for acceptance. 19. General and qualified acceptances . 20. Inchoate instruments. 21. Delivery. Capacity and authority of parties. 22. Capacity of parties. 23. Signature essential to liability. 24. Forged or unauthorised signature. 25. Procuration signatures . 26. Person signing as agent or in representative capacity.  ORDINANCE No. 9 OF 1885 . 1849 Bills of Exchange. The consideration for a bill. Section. 27. Value, and holder for value. 28. Accommodation bill or party. 29. Holder in due course . 30. Presumption of value and good faith. Negotiation of bills. 31. Negotiation of bill. 32. Requisites of a valid indorsement. 33. Conditional indorsement. 34. Indorsement in blank and special indorsement. 35. Restrictive indorsement. 36. Negotiation of over-due or dishonoured bill . 37. Negotiation of bill to party already liable thereon. 38. Rights of the holder. General duties of the holder. 39. When presentment for acceptance is necessary. 40. Time for presenting bill payable after sight. 41. Rules as to presentment for acceptance and excuses for non -presentment. 42. Non-acceptance. 43. Dishonour by non-acceptance and its consequences . 44. Duties as to qualified acceptances . 45. Rules as to presentment for payment. 46. Excuses for delay or non - presentment for payment. 47. Dishonour by non-payment . 48. Notice of dishonour and effect of non-notice. 49. Rules as to notice of dishonour. 50. Excuses for non-notice and delay. 51. Noting or protest of bill. 52. Duties of holder as regards drawee or acceptor. Liabilities ofparties. 53. Funds in hands of drawee. 54. Liability of acceptor. 55. Liability of drawer or indorser. 56. Stranger signing bill liable as indorser. 57. Measure of damages against parties to dishonoured bill. 58. Transferor by delivery and transferee . 1850 ORDINANCE No. 9 of 1885 . Bills of Exchange. Discharge ofbill. Section. 59. Payment in due course. 60. Banker paying demand draft whereon indorsement is forged. 61. Acceptor the holder at maturity. 62. Express waiver. 63. Cancellation 64. Alteration of bill. Acceptance and payment for honour. 65. Acceptance for honour suprà protest. 66. Liability of acceptor for honour. 67. Presentment to acceptor for honour. 68. Payment for honour suprà protest. Lost instruments. 69. Holder's right to duplicate of lost bill. 70. Action on lost bill. Bill in a set. 71. Rules as to sets. Conflict of laws. 72. Rules where laws conflict. PART III. CHEQUES ON A BANKER. 73. Cheque defined. 74. Presentment of cheque for payment. 75. Revocation of banker's authority. Crossed cheques. 3[] 76. General and special crossings defined . 77. Crossing by drawer or after issue. 78. Crossing a material part of cheque. 79. Duties of banker as to crossed cheques. 80. Protection to banker and drawer where cheque is crossed . 81. Effect of crossing on holder. 82. Protection to collecting banker.  ORDINANCE No. 9 OF 1885 . 1851 Bills of Exchange. PART IV . PROMISSORY NOTES. Section. 83. Promissory note defined. 84. Delivery necessary. 85. Joint and several notes. 86. Note payable on demand . 87. Presentment of note for payment. 88. Liability of maker. 89. Application of Part II. to notes. PART V. SUPPLEMENTARY. 90. Good faith. 91. Signature. 92. Computation of time . 93. When noting equivalent to protest. 94. Protest when notary not accessible. 95. Dividend warrant may be crossed. 96. Repeal. 97. Savings. 98. Construction with other Ordinances, & c. SCHEDULE I.- Form of protest . NOTE.-The Arrangement of Sections has been placed before instead of after the Ordi nance . No. 9 of 1885. An Ordinance entitled The Bills of Exchange Ordinance. [ 4th May, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : PART I. PRELIMINARY . 1. This Ordinance may be cited as the Bills of Exchange Ordinance, Short title. 1885. 1852 ORDINANCE No. 9 of 1885 . Bills of Exchange. Interpreta ▬▬▬▬▬▬▬▬▬▬▬▬▬ 2. In this Ordinance, unless the context otherwise requires, tion of terms. "" Acceptance " nieans an acceptance completed by delivery or notification . " Action" means " suit or action " and includes counter claim and set off. " Banker " includes a body of persons whether incorporated or not who carry on the business of banking. 66 Bankrupt " includes any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to bankruptcy . 66 'Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and " note " means promissory note. 66 ' Delivery " means transfer of possession , actual or constructive, from one person to another. " Holder " means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof. "Indorsement " means an indorsement completed by delivery . " Issue " means the first delivery of a bill or note, complete in form to a person who takes it as a holder. " Person " includes a body of persons whether incorporated or not. " Value" means valuable consideration. "Written " includes printed, and " writing " includes print. PART II. BILLS OF EXCHANGE. Form and interpretation. Bill of 3. ( 1. ) A bill of exchange is an unconditional order in writing , exchange defined. addressed by one person to another, signed by the person giving it , requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.  ORDINANCE No. 9 of 1885 . 1853 Bills of Exchange. (2. ) An instrument which does not comply with these conditions , or which orders any act to be done in addition to the payment of money , is not a bill of exchange. (3. ) An order to pay out of a particular fund is not unconditional within the meaning of this section ; but an unqualified order to pay, coupled with (a) an indication of a particular fund out of which the drawee is to re-imburse himself or a particular account to be debited with the amount, or (b) a statement of the transaction which gives rise to the bill, is unconditional . (4. ) A bill is not invalid by reason (a.) That it is not dated ; (6. ) That it does not specify the value given , or that any value has been given therefor ; (c.) That it does not specify the place where it is drawn or the place where it is payable. 4. ( 1. ) An inland bill is a bill which is or on the face of it purports Inland and foreign bills. to be ( a ) both drawn and payable within this Colony , or ( b ) drawn within this Colony, upon some person resident therein. Any other bill is a foreign bill . (2 ) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill. 5. (1. ) A bill may be drawn payable to, or to the order of, the Effect where different drawer ; or it may be drawn payable to , or to the order of, the drawee. parties to bill are the same person . (2. ) Where in a bill, drawer and drawee are the same person , or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option , either as a bill of exchange or as a promissory note. 6. ( 1. ) The drawee must be named or otherwise indicated in a bill Address to drawee. with reasonable certainty. (2. ) A bill may be addressed to two or more drawees whether they are partners or not, but an order addressed to two drawees in the alternative or to two or more drawees in succession is not a bill of exchange. 1854 ORDINANCE No. 9 of 1885. Bills of Exchange. Certainty 7. ( 1. ) Where a bill is not payable to bearer, the payee must be required as to payee. named or otherwise indicated therein with reasonable certainty. ( 2. ) A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two , or one or some of several payees . A bill may also be made payable to the holder of an office for the time being. ( 3. ) Where the payee is a fictitious or non -existing person the bill may be treated as payable to bearer. What bills 8. ( 1. ) Where a bill contains words prohibiting transfer , or indica are negoti able. ting an intention that it should not be transferable, it is valid as between the parties thereto, but is not negotiable. ( 2. ) A negotiable bill may be payable either to order or to bearer. ( 3. ) A bill is payable to bearer which is expressed to be so payable, or on which the only or last indorsement is an indorsement in blank. ( 4. ) A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person , and does not 1 contain words prohibiting transfer or indicating an intention that it should not be transferable. (5. ) Where a bill, either originally or by indorsement, is expressed to be payable to the order of a specified person , and not to him or his order, it is nevertheless payable to him or his order at his option . Sum payable. 9. ( 1. ) The sum payable by a bill is a sum certain within the meaning of this Ordinance , although it is required to be paid (a. ) With interest. (b. ) By stated instalments . (c. ) By stated instalments , with a provision that upon default in payment of any instalment the whole shall become due. ( d. ) According to an indicated rate of exchange or according to a rate of exchange to be ascertained as directed by the bill. (2. ) Where the sum payable is expressed in words and also in figures , and there is a discrepancy between the two, the sum denoted by the words is the amount payable.  ORDINANCE No. 9 OF 1885 . 1855 Bills of Exchange. (3. ) Where a bill is expressed to be payable with interest, unless the instrument otherwise provides, interest runs from the date of the bill, and if the bill is undated from the issue thereof. 10. ( 1. ) A bill is payable on demand Bill payable on demand. (a. ) Which is expressed to be payable on demand , or at sight, or on presentation ; or (b. ) In which no time for payment is expressed . ( 2. ) Where a bill is accepted or indorsed when it is overdue, it shall , as regards the acceptor who so accepts , or any indorser who so indorses it, be deemed a bill payable on demand. 11. A bill is payable at a determinable future time within the mean Bill payable at a future ing of this Ordinance which is expressed to be payable time. ( 1. ) At a fixed period after date or sight. (2. ) On or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening may be uncertain . An instrument expressed to be payable on a contingency is not a bill , and the happening of the event does not cure the defect. 12. Where a bill expressed to be payable at a fixed period after Omission of date in bill date is issued undated, or where the acceptance of a bill payable at a payable after date. fixed period after sight is undated , any holder may insert therein the true date of issue or acceptance, and the bill shall be payable accordingly. Provided that ( 1 ) where the holder in good faith and by mistake inserts a wrong date, and ( 2 ) in every case where a wrong date is inserted, if the bill subsequently comes into the hands of a holder in due course the bill shall not be avoided thereby, but shall operate and be payable as if the date so inserted had been the true date. 13. ( 1. ) Where a bill or an acceptance or any indorsement on a Ante-dating and post bill is dated , the date shall, unless the contrary be proved , be deemed dating. to be the true date of the drawing, acceptance, or indorsement, as the case may be. (2. ) A bill is not invalid by reason only that it is ante- dated or post - dated, or that it bears date on a Sunday.  1856 ORDINANCE No. 9 OF 1885 . Bills ofExchange. Computation 14. Where a bill is not payable on demand the day on which it of time of ――――― falls due is determined as follows : payment. ( 1. ) Three days, called days of grace, are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill , and the bill is due and payable on the last day of grace : Provided that (a. ) When the last day of grace falls on Sunday, Christmas Day, Good Friday, or a day appointed by proclamation in the Gazette as a public fast or thanksgiving day, the bill is , except in the case herein -after provided for, due and payable on the preceding business day ; (b. ) When the last day of grace is a bank holiday (other than Christmas Day or Good Friday ) or when the last day of grace is a Sunday and the second day of grace is a bank holiday, the bill is due and payable on the succeeding business day . (2. ) Where a bill is payable at a fixed period after date , after sight, or after the happening of a specified event , the time of payment is deter mined by excluding the day from which the time is to begin to run and by including the day of payment. (3. ) Where a bill is payable at a fixed period after sight , the time begins to run from the date of the acceptance if the bill be accepted , and from the date of noting or protest if the bill be noted or protested for non-acceptance, or for non-delivery. (4. ) The term " month " in a bill means calendar month. Case of need. 15. The drawer of a bill and any indorser may insert therein the name of a person to whom the holder may resort in case of need , that is to say, in case the bill is dishonoured by non - acceptance or non - payment. Such person is called the referee in case of need . It is in the option of the holder to resort to the referee in case of need or not as he may think fit. Optional 16. The drawer of a bill , and any indorser, may insert therein an stipulations by drawer or express stipulation indorser. (1. ) Negativing or limiting his own liability to the holder ;  ORDINANCE No. 9 OF 1885 . 1857 Bills of Eachange. (2. ) Waiving as regards himself some or all of the holder's duties. 17. ( 1. ) The acceptance of a bill is the signification by the drawee Definition and requisites of his assent to the order of the drawer. of acceptance. ( 2. ) An acceptance is invalid unless it complies with the following conditions , namely : (a . ) It must be written cu the bill and be signed by the drawee The mere signature of the drawee without additional words is sufficient. (b. ) It must not express that the drawce will perform his pro mise by any other means than the payment of money. 18. A bill may be accepted . Time for acceptance. (1.) Before it has been signed by the drawer, or while otherwise incomplete : ( 2. ) When it is overdue, or after it has been dishonoured by a pre vious refusal to accept, or by non - payment : (3. ) When a bill payable after sight is dishonoured by non- acceptance , and the drawee subsequently accepts it , the holder, in the absence of any different agreement , is entitled to have the bill accepted as of the date of first presentment to the drawee for acceptance. 19. ( 1. ) An acceptance is either ( a ) general or ( b ) qualified . General and qualified acceptances. ( 2. ) A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn. In particular an acceptance is qualified which is (a. ) Conditional , that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated : (b. ) Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn : (c.) Local, that is to say, an acceptance to pay only at a parti cular specified place : 1858 ORDINANCE No. 9 OF 1885 . Bills of Exchange. An acceptance to pay at a particular place is a general acceptance , unless it expressly states that the bill is to be paid there only and not elsewhere : (d.) Qualified as to time : (e. ) The acceptance of some one or more of the drawces, but not of all. Inchoate 20. ( 1. ) Where a simple signature on a blank stamped paper is instrument . delivered by the signer in order that it may be converted into a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount the stamp will cover, using the signature for that of the drawer, or the acceptor, or an indorser ; and , in like manner, when a bill is want ing in any material particular, the person in possession of it has a primâ facie authority to fill up the omission in any way he thinks fit. (2. ) In order that any such instrument when completed may be enforceable against any person who became a party thereto prior to its completion , it must be filled up within a reasonable time, and strictly in accordance with the authority given. Reasonable time for this purpose is a question of fact . Provided that if any such instrument after completion is negotiated to a holder in due course it shall be valid and effectual for all purposes in his hauds , and he may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given. Delivery. 21. ( 1. ) Every contract on a bill, whether it be the drawer's, the acceptor's, or an indorser's, is incomplete and revocable, until delivery of the instrument in order to give effect thereto. Provided that where an acceptance is written on a bill , and the drawee gives notice to or according to the directions of the person en titled to the bill that he has accepted it , the acceptance then becomes com plete and irrevocable . (2. ) As between immediate parties , and as regards a remote party other than a holder in due course , the delivery- (a. ) In order to be effectual must be made either by or under the authority of the party drawing , accepting, or indor sing, as the case may be: (b. ) May be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill.  ORDINANCE No. 9 OF 1885. 1859 Bills of Exchange. But if the bill be in the hands of a holder in due course a valid de livery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. ( 3. ) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or indorser, a valid and unconditional de livery by him is presumed until the contrary is proved . Capacity and authority ofparties. 22. (1. ) Capacity to incur liability as a party to a bill is co -extensive Capacity of parties. with capacity to contract. Provided that nothing in this section shall enable a corporation to make itself liable as drawer, acceptor, or indorser of a bill unless it is competent to it so to do under the law for the time being in force relating to corporations . ( 2. ) Where a bill is drawn or indorsed by an infant, minor, or corporation having no capacity or power to incur liability on a bill , the drawing or indorsement entitles the holder to receive payment of the bill, and to enforce it against any other party thereto . 23. No person is liable as drawer , indorser, or acceptor of a bill who Signature essential to has not signed it as such : Provided that liability. ( 1. ) Where a person signs a bill in a trade or assumed name , he is liable thereon as if he had signed it in his own name : ( 2. ) The signature of the name of a firm is equivalent to the signature by the person so signing of the names of all persons liable as partners in that firm . 24. Subject to the provisions of this Ordinance , where a signature Forged or unauthorised on a bill is forged or placed thereon without the authority of the person signature. whose signature it purports to be, the forged or unauthorised signature' is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority. Provided that nothing in this section shall affect the ratification of an unauthorised signature not amounting to a forgery. 1860 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Procuration 25. A signature by procuration operates as notice that the agent signatures. has but a limited authority to sign , and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority. Person sig 26. ( 1. ) Where a person signs a bill as drawer, indorser, or acceptor, ning as agent or in repre and adds words to his signature , indicating that he signs for or on behalf sentative capacity. of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2. ) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. The consideration for a bill. Value and 27. ( 1. ) Valuable consideration for a bill may be constituted by, — holder for value. (a. ) Any consideration sufficient to support a simple contract ; (b. ) An antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. ( 2. ) Where value has at any time been given for a bill the holder is deemed to be a holder for value as regards the acceptor and all parties to the bill who became parties prior to such time. ( 3. ) Where the holder of a bill has a lien on it, arising either from contract or by implication of law, he is deemed to be a holder for value to the extent of the sum for which he has a lien. Accommoda 28. ( 1. ) An accommodation party to a bill is a person who has tion bill or party. signed a bill as drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. (2. ) An accommodation party is liable on the bill to a holder for value ; and it is immaterial whether, when such holder took the bill , he knew such party to be an accommodation party or not.  ORDINANCE No. 9 OF 1885 . 1861 Bills of Exchange. 29. ( 1. ) A holder in due course is a holder who has taken a bill , Holder in due course. complete and regular on the face of it, under the following conditions ; namely, (a. ) That he became the holder of it before it was overdue , and without notice that it had been previously dishonoured , if such was the fact : (b. ) That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it. (2. ) In particular the title of a person who negotiates a bill is defective within the meaning of this Ordinance when he obtained the bill, or the acceptance thereof, by fraud , duress, or force and fear , or other unlawful means, or for an illegal consideration , or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud . (3. ) A holder ( whether for value or not ) , who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the bill prior to that holder. 30. ( 1. ) Every party whose signature appears on a bill is primâ Presumption of value and facie deemed to have become a party thereto for value. good faith. (2. ) Every holder of a bill is prima facie deemed to be a holder in due course ; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill is affected with fraud, duress, or force and fear, or illegality , the burden of proof is shifted , unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill . Negotiation ofbills. 31. ( 1. ) A bill is negotiated when it is transferred from one person Negotiation of bill. to another in such a manner as to constitute the transferee the holder of the bill. (2. ) A bill payable to bearer is negotiated by delivery. (3. ) A bill payable to order is negotiated by the indorsement of the holder completed by delivery. 1862 ORDINANCE No. 9 or 1885 . Bills of Exchange. (4. ) Where the holder of a bill payable to his order transfers it for value without indorsing it , the transfer gives the transferee such title as the transferor had in the bill , and the transferee in addition acquires the right to have the indorsement of the transferor. (5. ) Where any person is under obligation to indorse a bill in a representative capacity, he may indorse the bill in such terms as to negative personal liability . Requisites of 32. An indorsement in order to operate as a negotiation must a valid indorsement . comply with the following conditions , namely : --- ( 1. ) It must be written on the bill itself and be signed by the indorser. The simple signature of the indorser on the bill, without additional words , is sufficient. An indorsement written on an allonge, or an a " copy " of a bill issued or negotiated in a country where " copies " are recognised , is deemed to be written on the bill itself. (2. ) It must be an indorsement of the entire bill . A partial indorsement, that is to say , an indorsement which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the bill to two or more indorsees severally , does not operate as a negotiation of the bill. (3. ) Where a bill is payable to the order of two or more payees or indorsees who are not partners all must indorse, unless the one indorsing has authority to indorse for the others. ( 4. ) Where , in a bill payable to order, the payee or indorsee is wrongly designated , or his name is mis- spelt , he may indorse the bill as therein described , adding, if he think fit, his proper signature. (5. ) Where there are two or more indorsements on a bill , each indorsement is deemed to have been made in the order in which it appears on the bill, until the contrary is proved. (6. ) An indorsement may be made in blank or special . It may also contain terms making it restrictive. Conditional 33. Where a bill purports to be indorsed conditionally the condition indorsement. may be disregarded by the payer, and payment to the indorsee is valid whether the condition has been fulfilled or not.  ORDINANCE No. 9 OF 1885. 1863 Bills of Exchange. Indorsement 34. ( 1. ) An indorsement in blank specifies no indorsee, and a bill in blank and so indorsed becomes payable to bearer. special indorsement. (2. ) A special indorsement specifies the person to whom, or to whose order, the bill is to be payable. (3. ) The provisions of this Ordinance relating to a payee apply with the necessary modifications to an indorsee under a special indorsement . (4.) When a bill has been indorsed in blank, any holder may convert the blank indorsement into a special indorsement by writing above the indorser's signature a direction to pay the bill to or to the order of himself or some other person. 35. ( 1. ) An indorsement is restrictive which prohibits the further Restrictive indorsement. negotiation of the bill or which expresses that it is a mere authority to deal with the bill as thereby directed and not a transfer of the ownership thereof, as, for example, if a bill be indorsed " Pay D. only," or " Pay D. for the account of X. , " or " Pay D. or order for collection . " ( 2.) A restrictive indorsement gives the indorsee the right to receive payment of the bill and to sue any party thereto that his indorser could have sued, but gives him no power to transfer his rights as indorsee unless it expressly authorise him to do so. ( 3. ) Where a restrictive indorsement authorises further transfer, all subsequent indorsees take the bill with the same rights and subject to the same liabilities as the first indorsee under the restrictive indorsement. 36. ( 1. ) Where a bill is negotiable in its origin it continues to be Negotiation of overdue or negotiable until it has been (a ) restrictively indorsed or ( b ) discharged dishonoured bill. by payment or otherwise. (2. ) Where an overdue bill is negotiated, it can only be negotiated subject to any defect of title affecting it at its maturity, and thenceforward no person who takes it can acquire or give a better title than that which the person from whom he took it had . (3. ) A bill payable on demand is deemed to be overdue within the meaning and for the purposes , of this section , when it appears on the face of it to have been in circulation for an unreasonable length of time. What is an unreasonable length of time for this purpose is a question of fact . · 1864 ORDINANCE No. 9 OF 1885. Bills of Exchange. (4. ) Except where an indorsement bears date after the maturity of the bill, every negotiation is prima facie deemed to have been effected before the bill was overdue . (5. ) Where a bill which is not overdue has been dishonoured any person who takes it with notice of the dishonour takes it subject to any defect of title attaching thereto at the time of dishonour, but nothing in this sub- section shall affect the rights of a holder in due course. Negotiation 37. Where a bill is negotiated back to the drawer, or to a prior of bill to party already indorser or to the acceptor, such party may, subject to the provisions of liable thereon. this Ordinance, re-issue and further negotiate the bill, but he is not entitled to enforce payment of the bill against any intervening party to whom he was previously liable. Rights of the 38. The rights and powers of the holder of a bill are as follows : holder. ( 1. ) He may sue on the bill in his own name : (2. ) Where he is a holder in due course, he holds the bill free from any defect of title of prior parties, as well as from mere personal defences available to prior parties among themselves , and may enforce payment against all parties liable on the bill : ( 3. ) Where his title is defective ( a) if he negotiates the bill to a holder in due course, that holder obtains a good and complete title to the bill , and ( b ) if he obtains payment of the bill the person who pays him in due course gets a valid discharge for the bill. General duties of the holder. When pre 39. ( 1. ) Where a bill is payable after sight, presentment for accept sentment for acceptance is ance is necessary in order to fix the maturity of the instrument. necessary . ( 2. ) Where a bill expressly stipulates that it shall be presented for acceptance, or where a bill is drawn payable elsewhere than at the resi dence or place of business of the drawee it must be presented for accept ance before it can be presented for payment. ( 3. ) In no other case is presentment for acceptance necessary in order to render liable any party to the bill. (4. ) Where the holder of a bill, drawn payable elsewhere than at the place of business or residence of the drawee, has not time, with the exercise of reasonable diligence , to present the bill for acceptance before  ORDINANCE No. 9 of 1885 . 2 1865 Bills of Exchange. presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawer and indorsers . 40. ( 1. ) Subject to the provisions of this Ordinance , when a bill Time for pre senting bill payable after sight is negotiated, the holder must either present it for payable after sight. acceptance or negotiate it within a reasonable time. ( 2. ) If he do not do so, the drawer and all indorsers prior to that holder are discharged . (3. ) In determining what is a reasonable time within the meaning of this section, regard shall be had to the nature of the bill , the usage of trade with respect to similar bills , and the facts of the particular case. 41. ( 1. ) A bill is duly presented for acceptance which is presented Rules as to presentment in accordance with the following rules : for accept ance, and excuses for (a. ) The presentment must be made by or on behalf of the non-present holder to the drawee or to some person authorised to ment. accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue : (b. ) Where a bill is addressed to two or more drawees, who are not partners, presentment must be made to them all , unless one has authority to accept for all, then present ment may be made to him only : (c. ) Where the drawee is dead , presentment may be made to his personal representative : (d. ) Where the drawee is bankrupt, presentment may be made to him or to his trustee or assignee. (e. ) Where authorised by agreement or usage, a presentment through the Post Office is sufficient. (2. ) Presentment in accordance with these rules is excused, and a bill may be treated as dishonoured by non- acceptance (a. ) Where the drawee is dead or bankrupt, or is a fictitious person or a person not having capacity to contract by bill : (b. ) Where, after the exercise of a reasonable diligence, such presentment cannot be effected : 1866 ORDINANCE No. 9 OF 1885 . Bills of Exchange. (c . ) Where although the presentment has been irregular, acceptance has been refused on some other ground. (3. ) The fact that the holder has reason to believe that the bill , on presentment, will be dishonoured does not excuse presentment. Non-accept 42. ( 1. ) When a bill is duly presented for acceptance and is not ance. accepted within the customary time, the person presenting it must treat it as dishonoured by non -acceptance . If he do not, the holder shall lose his right of recourse against the drawer and indorsers. Dishonour by 43. ( 1. ) A bill is dishonoured by non - acceptance non-accept ance and its consequences . (a. ) When it is duly presented for acceptance, and such an acceptance as is prescribed by this Ordinance is refused or cannot be obtained ; or (b. ) When presentment for acceptance is excused and the bill is not accepted . (2. ) Subject to the provisions of this Ordinance when a bill is dishonoured by non -acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary. Duties as to 44. ( 1. ) The holder of a bill may refuse to take a qualified accept qualified acceptances. ance, and if he does not obtain an unqualified acceptance may treat the bill as dishonoured by non- acceptance. ( 2. ) Where a qualified acceptance is taken, and the drawer or an indorser has not expressly or impliedly authorised the holder to take a qualified acceptance , or does not subsequently assent thereto, such drawer or indorser is discharged from his liability on the bill. The provisions of this sub- section do not apply to a partial accept ance, whereof due notice has been given . Where a foreign bill has been accepted as to part, it must be protested as to the balance. (3. ) When the drawer or indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder he shall be deemed to have assented thereto . Rules as to 45. Subject to the provisions of this Ordinance a bill must be duly presentment for payment. presented for payment. If it be not so presented the drawer and indorsers shall be discharged .  ORDINANCE No. 9 or 1885 . 1867 Bills of Exchange. A bill is duly presented for payment which is presented in accordance with the following rules : ( 1. ) Where the bill is not payable on demand, presentment must be made on the day it falls due. ( 2. ) Where the bill is payable on demand , then , subject to the provisions of this Ordinance, presentment must be made within a reasonable time after its issue in order to render the drawer liable, and within a reasonable time after its indorsement, in order to render the indorser liable . In determining what is a reasonable time, regard shall be had to the nature of the bill , the usage of trade with regard to similar bills , and the facts of the particular case. (3. ) Presentment must be made by the holder or by some person authorised to receive payment on his behalf at a reasonable hour on a business day, at the proper place as hereinafter defined , either to the person designated by the bill as payer, or to some person authorised to pay or refuse payment on his behalf if with the exercise of reasonable diligence such person can there be found. (4. ) A bill is presented at the proper place : (a. ) Where a place of payment is specified in the bill and the bill is there presented. (b. ) Where no place of payment is specified, but the address of the drawee or acceptor is given in the bill, and the bill is there presented. (c. ) Where no place of payment is specified and no address given, and the bill is presented at the drawee's or acceptor's place of business if known , and if not, at his ordinary residence if known. (d. ) In any other case if presented to the drawee or acceptor wherever he can be found, or if presented at his last known place of business or residence. (5. ) Where a bill is presented at the proper place, and after the exercise of reasonable diligence no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required . 1869 ORDINANCE No. 9 or 1885. Bills of Exchange. ( 6. ) Where a bill is drawn upon , or accepted by two or more persons who are not partners, and no place of payment is specified, presentment must be made to them all . ( 7. ) Where the drawee or acceptor of a bill is dead, and no place of payment is specified , presentment must be made to a personal representative, if such there be, and with the exercise of reasonable diligence he can be found . ( 8. ) Where authorised by agreement or usage a presentment through the Post Office is sufficient. Excuses for 46. ( 1. ) Delay, in making presentment for payment is excused delay or non presentment when the delay is caused by circumstances beyond the control of the for payment. holder , and not imputable to his default, misconduct, or negligence . When the cause of delay ceases to operate , presentment must be made with reasonable diligence. (2. ) Presentment for payment is dispensed with ( a . ) Where, after the exercise of reasonable diligence present ment, as required by this Ordinance, cannot be effected . The fact that the holder has reason to believe that the bill will, on presentment, be dishonoured , does not dispense with the necessity for presentment. (b. ) Where the drawee is a fictitious person. (c.) As regards the drawer, where the drawee or acceptor is not bound, as between himself and the drawer, to accept or pay the bill , and the drawer has no reason to believe that the bill would be paid if presented . (d. ) As regards an indorser, where the bill was accepted or made for the accommodation of that indorser, and he has no reason to expect that the bill would be paid if presented. ( e. ) By waiver of presentment , express or implied . Dishonour by 47. ( 1. ) A bill is dishonoured by non - payment ( a ) when it is duly non-payment. presented for payment and payment is refused or cannot be obtained, or (b) when presentment is excused and the bill is overdue and unpaid. (2. ) Subject to the provisions of this Ordinance, when a bill is dishonoured by non - payınent, an immediate right of recourse against the drawer and indorsers accrues to the holder.  ORDINANCE No. 9 or 1885 . 1869 Bills of Exchange. 48. Subject to the provisions of this Ordinance, when a bill has Notice of and dishonour been dishonoured by non-acceptance or by non -payment, notice of effect notice.of non dishonour must be given to the drawer and each indorser, and any drawer or indorser to whom such notice is not given is discharged ; Provided that ( 1. ) Where a bill is dishonoured by non-acceptance , and notice of dishonour is not given, the rights of a holder in due course subsequent to the omission shall not be prejudiced by the omission. (2. ) Where a bill is dishonoured by non-acceptance and due notice of dishonour is given, it shall not be necessary to give notice of a subsequent dishonour by non - payment unless the bill shall in the meantime have been accepted . 49. Notice of dishonour in order to be valid and effectual must be Rules as to notice of ― dishonour. given in accordance with the following rules : ( 1. ) The notice must be given by or on behalf of the holder, or by or on behalf of an indorser who, at the time of giving it, is himself liable on the bill . (2. ) Notice of dishonour may be given by an agent either in his own name, or in the name of any party entitled to give notice, whether that party be his principal or not. (3. ) Where the notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior indorsers who have a right of recourse against the party to whom it is given. (4. ) Where notice is given by or on behalf of an indorser entitled to give notice as herein-before provided , it enures for the benefit of the holder and all indorsers subsequent to the party to whom notice is given. ( 5. ) The notice may be given in writing or by personal communication, and may be given in any terms which sufficiently identify the bill , and intimate that the bill has been dishonoured by non- acceptance or non-payment. 6. ) The return of a dishonoured bill to the drawer or an indorser is, in point of form, deemed a sufficient notice of dishonour. 1870 ORDINANCE No. 9 or 1885. Bills of Exchange. (7.) A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the bill shall not vitiate the notice unless the party to whom the notice is given is in fact misled thereby. (8. ) Where notice of dishonour is required to be given to any person, it may be given either to the party himself, or to his agent in that behalf. (9. ) Where the drawer or indorser is dead , and the party giving notice knows it, the notice must be given to a personal representative if such there be, and with the exercise of reasonable diligence he can be found . ( 10. ) Where the drawer or indorser is bankrupt, notice may be given either to the party himself or to the trustee or assignee. (11. ) Where there are two or more drawers or indorsers who are not partners, notice must be given to each of them , unless one of them has authority to receive such notice for the others. (12. ) The notice may be given as soon as the bill is dishonoured and must be given within a reasonable time thereafter. In the absence of special circumstances notice is not deemed to have been given within a reasonable time, unless (a. ) Where the person giving and the person to receive notice reside in the same place , the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill. (b. ) Where the person giving and the person to receive notice reside in different places , the notice is sent off on the day after the dishonour of the bill , if there be a post at a convenient hour on that day, and if there be no such post on that day then by the next post thereafter. ( 13. ) Where a bill when dishonoured is in the hands of an agent, he may either himself give notice to the parties liable on  ORDINANCE No. 9 OF 1885. 1871 Bills of Exchange. the bill, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon receipt of such notice has himself the same time for giving notice as ifthe agent had been an independent holder. (14. ) Where a party to a bill receives due notice of dishonour, he has after the receipt of such notice the same period of time for giving notice to antecedent parties that the holder has after the dishonour. ( 15. ) Where a notice of dishonour is duly addressed and posted, the sender is deemed to have given due notice of dis honour, notwithstanding any miscarriage by the Post Office. 50. ( 1. ) Delay in giving notice of dishonour is excused where the Excuses for non-notice delay is caused by circumstances beyond the control of the party giving and delay. notice, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate the notice must be given with reasonable diligence . ( 2. ) Notice of dishonour is dispensed with (a. ) When, after the exercise of reasonable diligence, notice as required by this Ordinance cannot be given to or does not reach the drawer or indorser sought to be charged ; (b. ) By waiver express or implied . Notice of dishonour may be waived before the time of giving notice has arrived , or after the omission to give due notice : (c. ) As regards the drawer in the following cases, namely, ( 1 ) where drawer and drawee are the same person, ( 2 ) where the drawee is a fictitious person or a person not having capacity to contract, ( 3 ) where the drawer is the person to whom the bill is presented for payment, ( 4 ) where the drawee or acceptor is as between himself and the drawer under no obligation to accept or pay the bill, ( 5 ) where the drawer has countermanded payment : 1872 ORDINANCE No. 9 of 1885 . Bills of Exchange. (d. ) As regards the indorser in the following cases , namely, (1 ) where the drawee is a fictitious person or a person not having capacity to contract and the indorser was aware of the fact at the time he indorsed the bill , ( 2) where the indorser is the person to whom the bill is presented for payment, ( 3 ) where the bill was accepted or made for his accommodation . Noting or 51. ( 1. ) Where an inland bill has been dishonoured it may, if the protest ofbill, holder think fit, be noted for non -acceptance or non -payment, as the case may be ; but it shall not be necessary to note or protest any such bill in order to preserve the recourse against the drawer or indorser . (2. ) Where a foreign bill, appearing on the face of it to be such, has been dishonoured by non-acceptance it must be duly protested for non acceptance, and where such a bill, which has not been previously dis honoured by non-acceptance, is dishonoured by non-payment it must be duly protested for non-payment. If it be not so protested the drawer and indorsers are discharged . Where a bill does not appear on the face of it to be a foreign bill , protest thereof in case of dishonour is unnecessary. 3. ) A bill which has been protested for non - acceptance may be subsequently protested for non -payment. (4. ) Subject to the provisions of this Ordinance, when a bill is noted or protested , it must be noted on the day of its dishonour. When a bill has been duly noted , the protest may be subsequently extended as of the date of the noting. (5. ) Where the acceptor of a bill becomes bankrupt or insolvent or suspends payment before it matures , the holder may cause the bill to be protested for better security against the drawer and indorsers. (6. ) A bill must be protested at the place where it is dishonoured : Provided that (a. ) When a bill is presented through the Post Office , and returned by post dishonoured , it may be protested at the place to which it is returned and on the day of its return if received during business hours, and if not received during business hours, then not later than the next business day :  ORDINANCE No. 9 OF 1885. 1873 Bills of Exchange. (b.) When a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonoured by non- acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to , or demand on, the drawee is necessary . (7. ) A protest must contain a copy of the bill, and must be signed by the notary making it, and must specify— ( a. ) The person at whose request the bill is protested : (b. ) The place and date of protest, the cause or reason for protesting the bill , the demand made, and the answer given, if any, or the fact that the drawee or acceptor could not be found . ( 8. ) Where a bill is lost or destroyed , or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof. ( 9. ) Protest is dispensed with by any circumstance which would dispense with notice of dishonour. Delay in noting or protesting is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate the bill must be noted or protested with reasonable diligence. 52. ( 1. ) When a bill is accepted generally, presentment for pay Duties of holder as ment is not necessary in order to render the acceptor liable. regards drawee or (2. ) When by the terms of a qualified acceptance presentment for acceptor. payment is required , the acceptor, in the absence of an express stipulation to that effect, is not discharged by the omission to present the bill for payment on the day that it matures. (3. ) In order to render the acceptor of a bill liable it is not necessary to protest it, or that notice of dishonour should be given to him . (4. ) Where the holder of a bill presents it for payment, he shall exhibit the bill to the person from whom he demands payment, and when a bill is paid the holder shall forthwith deliver it up to the party paying it. 1874 ORDINANCE No. 9 OF 1885. Bills of Exchange. Liabilities of parties. Funds in 53. A bill, of itself, does not operate as an assignment of funds in hands of drawee. the hands of the drawee available for the payment thereof, and the drawee of a bill who does not accept as required by this Ordinance is not liable on the instrument. Liability of 54. The acceptor of a bill , by accepting it— acceptor. ( 1. ) Engages that he will pay it according to the tenor of his acceptance : (2. ) Is precluded from denying to a holder in due course : (a. ) The existence of the drawer, the genuineness of his signa ture, and his capacity and authority to draw the bill ; ( b . ) In the case of a bill payable to drawer's order , the then capacity of the drawer to indorse, but not the genuine ness or validity of his indorsement ; ( c. ) In the case of a bill payable to the order of a third person, the existence of the payee and his then capacity to indorse, but not the genuineness or validity of his indorsement. Liability of 55. ( 1. ) The drawer of a bill by drawing it— drawer or indorser. (a. ) Engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or any indorser who is compelled to pay it , provided that the requisite proceedings on dishonour be duly taken ; ( b. ) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. ( 2. ) The indorser of a bill by indorsing it- (a . ) Engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it , provided that the requisite proceedings on dishonour be duly taken ;  ORDINANCE No. 9 OF 1885 . 1875 Bills of Exchange. (b. ) Is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer's signature and all previous indorsements ; (c. ) Is precluded from denying to his immediate or a subsequent indorsee that the bill was at the time of his indorsement a valid and subsisting bill, and that he had then a good title thereto . 56. Where a person signs a bill otherwise than as drawer or acceptor , Stranger signing bill he thereby incurs the liabilities of an indorser to a holder in due course . liable as indorser. 57. Where a bill is dishonoured, the measure of damages, which Measure of damages shall be deemed to be liquidated damages , shall be as follows : against parties to dishonoured ( 1. ) The holder may recover from any party liable on the bill, bill. and the drawer who has been compelled to pay the bill may recover from the acceptor, and an indorser who has been compelled to pay the bill may recover from the acceptor or from the drawer, or from a prior indorser— (a . ) The amount of the bill : (b. ) Interest thereon from the time of presentment for payment if the bill is payable on demand , and from the maturity of the bill in any other case : (c. ) The expenses of noting, or, when protest is neces sary, and the protest has been extended , the expenses of protest . 2. ) In the case of a bill which has been dishonoured abroad , in lieu of the above damages, the holder may recover from the drawer or an indorser, and the drawer or an indorser who has been compelled to pay the bill may recover from any party liable to him, the amount of the re-exchange with interest thereon until the time of payment . (3. ) Where by this Ordinance interest may be recovered as damages , such interest may , if justice require it , be withheld wholly or in part, and where a bill is expressed to be payable with interest at a given rate, interest as damages may or may not be given at the same rate as interest proper. 1876 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Transferor by delivery and 58. ( 1. ) Where the holder of a bill payable to bearer negotiates it transferee. by delivery without indorsing it, he is called a "transferor by delivery. " (2. ) A transferor by delivery is not liable on the instrument. (3. ) A transferor by delivery who negotiates a bill thereby warrants to his immediate transferee, being a holder for value, that the bill is what it purports to be, that he has a right to transfer it, and that at the time of transfer he is not aware of any fact which renders it valueless . Discharge of bill. Payment in 59. ( 1. ) A bill is discharged by payment in due course by or on due course. behalf of the drawee or acceptor. "" "Payment in due course means payment made at or after the maturity of the bill to the holder thereof in good faith and without notice that his title to the bill is defective . (2. ) Subject to the provisions hereinafter contained , when a bill is paid by the drawer or an indorser it is not discharged ; but (a . ) Where a bill payable to, or to the order of, a third party is paid by the drawer, the drawer may enforce payment thereof against the acceptor, but may not re- issue the bill. (b. ) Where a bill is paid by an indorser, or where a bill payable to drawer's order is paid by the drawer, the party paying it is remitted to his former rights as regards the acceptor or antecedent parties, and he may, if he thinks fit, strike out his own and subsequent indorsements , and again negotiate the bill . (3. ) Where an accommodation bill is paid in due course by the party accommodated the bill is discharged . Banker pay 60. When a bill payable to order on demand is drawn on a banker , ing demand draft whereon and the banker on whom it is drawn pays the bill in good faith and in indorsement is forged. the ordinary course of business , it is not incumbent on the banker to show that the indorsement of the payee or any subsequent indorsement was made by or under the authority of the person whose indorsement it purports to be, and the banker is deemed to have paid the bill in due course, although such indorsement has been forged or made without authority.  ORDINANCE No. 9 of 1885 . 1877 Bills of Exchange. 61. When the acceptor of a bill is or becomes the holder of it at or Acceptor the holder at after its maturity, in his own right , the bill is discharged . maturity. 62. ( 1. ) When the holder of a bill at or after its maturity abso Express waiver. lutely and unconditionally renounces his rights against the acceptor the bill is discharged . The renunciation must be in writing, unless the bill is delivered up to the acceptor . (2. ) The liabilities of any party to a bill may in like manner be renounced by the holder before, at, or after its maturity ; but nothing in this section shall affect the rights of a holder in due course without notice of the renunciation . 63. ( 1. ) Where a bill is intentionally cancelled by the holder or Cancellation. his agent, and the cancellation is apparent thereon , the bill is discharged . ( 2. ) In like manner any party liable on a bill may be discharged by the intentional cancellation of his signature by the holder or his agent . In such case any indorser who would have had a right of recourse against the party whose signature is cancelled , is also discharged . (3. ) A cancellation made unintentionally, or under a mistake, or without the authority of the holder is inoperative ; but where a bill or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made uninten tionally , or under a mistake, or without authority. 64. ( 1. ) Where a bill or acceptance is materially altered without Alteration of bill. the assent of all parties liable on the bill , the bill is avoided except as against a party who has himself made, authorised , or assented to the alteration , and subsequent indorsers . Provided that , Where a bill has been materially altered , but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered , and may enforce payment of it accord ing to its original tenour. (2. ) In particular the following alterations are material, namely, any alteration of the date, the sum payable, the time of payment, the place of payment, and, where a bill has been accepted generally , the addition of a place of payment without the acceptor's assent. 1878 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Acceptance and payment for honour. Acceptance 65. ( 1. ) Where a bill of exchange has been protested for dishonour for honour suprà protest. by non - acceptance, or protested for better security, and is not overdue , any person, not being a party already liable thereon, may, with the con sent of the holder, intervene and accept the bill suprà protest, for the honour of any party liable thereon , or for the honour of the person for whose account the bill is drawn. (2. ) A bill may be accepted for honour for part only of the sum for which it is drawn. (3. ) An acceptance for honour suprà protest in order to be valid must (a. ) Be written on the bill, and indicate that it is an acceptance for honour : (b. ) Be signed by the acceptor for honour. ( 4. ) Where an acceptance for honour does not expressly state for whose honour it is made, it is deemed to be an acceptance for the honour . of the drawer. (5. ) Where a bill payable after sight is accepted for honour, its maturity is calculated from the date of the noting for non - acceptance, and not from the date of the acceptance for honour. Liability of 66. ( 1. ) The acceptor for honour of a bill by accepting it engages acceptor for honour. that he will, on due presentment, pay the bill according to the tenor of his acceptance, if it is not paid by the drawee, provided it has been duly presented for payment, and protested for non - payment , and that he re ceives notice of these facts. (2. ) The acceptor for honour is liable to the holder and to all par ties to the bill subsequent to the party for whose honour he has accepted . Presentment 67. ( 1. ) Where a dishonoured bill has been accepted for honour suprà to acceptor for honour . protest, or contains a reference in case of need , it must be protested for non-payment before it is presented for payment to the acceptor for honour, or referee in case of need. (2. ) Where the address of the acceptor for honour is in the same place where the bill is protested for non-payment, the bill must be presented to him not later than the day following its maturity ; and where the address of the acceptor for honour is in some place other than the  ORDINANCE No. 9 OF 1885 . 1879 Bills of Exchange. place where it was protested for non-payment, the bill must be forwarded not later than the day following its maturity for presentment to him. (3. ) Delay in presentment or non - presentment is excused by any circumstance which would excuse delay in presentment for payment or non-presentment for payment. (4. ) When a bill of exchange is dishonoured by the acceptor for honour it must be protested for non-payment by him. 68. ( 1. ) Where a bill has been protested for non - payment, any Payment for honour suprà person may intervene and pay it suprà protest for the honour of any protest. party liable thereon, or for the honour of the person for whose account the bill is drawn. (2. ) Where two or more persons offer to pay a bill for the honour of different parties , the person whose payment will discharge most parties to the bill shall have the preference. ( 3. ) Payment for honour suprà protest , in order to operate as such and not as a mere voluntary payment , must be attested by a notarial act of honour which may be appended to the protest or form an extension of it. (4. ) The notarial act of honour must be founded on a declaration made by the payer for honour, or his agent in that behalf, declaring his intention to pay the bill for honour, and for whose honour he pays . (5. ) Where a bill has been paid for honour, all parties , subsequent to the party for whose honour it is paid are discharged, but the payer for honour is subrogated for, and succeeds to both the rights and duties of the holder as regards the party for whose honour he pays, and all parties liable to that party. ( 6. ) The payer for honour on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour is entitled to receive both the bill itself and the protest . If the holder do not on demand deliver them up he shall be liable to the payer for honour in damages . ( 7. ) Where the holder of a bill refuses to receive payment suprà protest he shall lose his right of recourse against any party who would have been discharged by such payment. 1880 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Lost instruments . Holder's right 69. Where a bill has been lost before it is overdue, the person who to duplicate of lost bill. was the holder of it may apply to the drawer to give him another bill of the same tenour, giving security to the drawer if required to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again. If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so . Action on lost 70. In any action or proceeding upon a bill , the Court or a Judge bill. may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the Court or Judge against the claims of any other person upon the instrument in question. Bill in a set. Rules as to 71. ( 1. ) Where a bill is drawn in a set, each part of the set being sets. numbered, and containing a reference to the other parts, the whole of the parts constitute one bill. (2. ) Where the holder of a set indorses two or more parts to different persons , he is liable on every such part, and every indorser subsequent to him is liable on the part, he has himself indorsed as if the said parts were separate bills . (3. ) Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders deemed the true owner of the bill ; but nothing in this sub section shall affect the rights of a person who in due course accepts or pays the part first presented to him . (4. ) The acceptance may be written on any part, and it must be written on one part only. If the drawee accepts more than one part and such accepted parts get into the hands of different holders in due course, he is liable on every such part as if it were a separate bill. ( 5. ) When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him , and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereof.  ORDINANCE No. 9 OF 1885 . 1881 Bills of Exchange. (6. ) Subject to the preceding rules, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged . Conflict of laws. 72. Where a bill drawn in one country is negotiated , accepted , or Rules where laws conflict. payable in another, the rights , duties , and liabilities of the parties thereto are determined as follows : ( 1. ) The validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts , such as acceptance , or indorsement, or acceptance suprà protest , is determined by the law of the place where such contract was made. Provided that (a. ) Where a bill is issued out of this Colony it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue : (b. ) Where a bill , issued out of this Colony, conforms, as regards requisites in form, to the law of this Colony , it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold , or become parties to it in this Colony. (2. ) Subject to the provisions of this Ordinance, the interpretation of the drawing, indorsement , acceptance, or acceptance suprà protest of a bill, is determined by the law of the place where such contract is made. Provided that where an inland bill is indorsed in a foreign country the indorsement shall as regards the payer be interpreted according to the law of this Colony. (3. ) The duties of the holder with respect to presentment for accept ance or payment and the necessity for or sufficiency of a protest or notice of dishonour , or otherwise , are determined by the law of the place where the act is done or the bill is dishonoured. (4. ) Where a bill is drawn out of but payable in this Colony and the sum payable is not expressed in the currency of this Colony, the amount shall, in the absence of some express stipulation , be calculated . according to the rate of exchange for sight drafts at the place of payment on the day the bill is payable.  1882 ORDINANCE No. 9 OF 1885 . Bills of Exchange. ( 5. ) Where a bill is drawn in one country and is payable in another, the due date thereof is determined according to the law of the place where it is payable . PART III. CHEQUES ON A BANKER . Cheque defi 73. A cheque is a bill of exchange drawn on a banker payable on ned. demand. Except as otherwise provided in this part, the provisions of this Ordinance applicable to a bill of exchange payable on demand apply to a cheque. Presentment 74. Subject to the provisions of this Ordinance of cheque for payment. ( 1. ) Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say , to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been had such cheque been paid. ( 2. ) In determining what is a reasonable time regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. (3. ) The holder of such cheque as to which such drawer or person is discharged shall be a creditor, in lieu of such drawer or person , of such banker to the extent of such discharge and entitled to recover the amount from him. Revocation of 75. The duty and authority of a banker to pay a cheque drawn on banker's au thority. him by his customer are determined by ( 1. ) Countermand of payment : (2. ) Notice of the customer's death .  DINANC ORDINANCE No. 9 OF 1885 . 1883 Bills of Exchange. Crossed Cheques . 76. ( 1. ) Where a cheque bears across its face an addition of- General and special cross (a . ) The words " and company " or any abbreviation thereof ings defined . between two parallel transverse lines , either with or without the words " not negotiable ; " or (b. ) Two parallel transverse lines simply, either with or with out the words " not negotiable ; " that addition constitutes a crossing, and the cheque is crossed generally . (2. ) Where a cheque bears across its face an addition of the name of a banker, either with or without the words " not negotiable, " that addition constitutes a crossing, and the cheque is crossed specially and to that banker. 77. ( 1. ) A cheque may be crossed generally or specially by the Crossing by drawer or drawer. after issue. (2. ) Where a cheque is uncrossed , the holder may cross it generally or specially. (3. ) Where a cheque is crossed generally the holder may cross it specially. (4 ) Where a cheque is crossed generally or specially, the holder may add the words " not negotiable." (5. ) Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker for collection. (6. ) Where an uncrossed cheque , or a cheque crossed generally, is sent to a banker for collection, he may cross it specially to himself. 78. A crossing authorised by this Ordinance is a material part of Crossing a material part the cheque ; it shall not be lawful for any person to obliterate or except of cheque. as authorised by this Ordinance, to add to or alter the crossing. 79. ( 1. ) Where a cheque is crossed specially to more than one Duties of banker as to banker except when crossed to an agent for collection being a banker , the crossed cheques. banker on whom it is drawn shall refuse payment thereof. ( 2. ) Where the banker on whom a cheque is drawn which crossed nevertheless pays the same, or pays a cheque crossed generally otherwise than to a banker, or if crossed specially otherwise than to the banker to whom it is crossed, or his agent for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid . 1884 ORDINANCE No. 9 OF 1885 . Bills of Exchange. Provided that where a cheque is presented for payment which does not at the time of presentment appear to be crossed , or to have had a crossing which has been obliterated , or to have been added to or altered otherwise than as authorised by this Ordinance , the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed , or of the crossing having been obliterated or having been added to or altered otherwise than as authorised by this Ordinance, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed , or to his agent for collection being a banker, as the case may be. Protection to 80. Where the banker, on whom a crossed cheque is drawn, in banker and drawer where good faith and without negligence pays it , if crossed generally , to a ban cheque is crossed . ker, and if crossed specially, to the banker to whom it is crossed, or his agent for collection being a banker, the banker paying the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall res pectively be entitled to the same rights and be placed in the same posi tion as if payment of the cheque had been made to the true owner thereof. Effect of 81. Where a person takes a crossed cheque which bears on it the crossing on holder. words " not negotiable, " he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had. Protection to 82. Where a banker in good faith and without negligence receives collecting banker. payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment. PART IV. PROMISSORY NOTES. Promissory 83. ( 1. ) A promissory note is an unconditional promise in writing note defined . made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in mo ney, to, or to the order of, a specified person or to bearer.  ORDINANCE No. 9 OF 1885 . 1885 Bills of Exchange. (2. ) An instrument in the form of a note payable to maker's order is not a note within the meaning of this section unless and until it is in dorsed by the maker. (3. ) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof. (4.) A note which is , or on the face of it purports to be, both made and payable within this Colony is an inland note. Any other note is a foreign note. 84. A promissory note is inchoate and incomplete until delivery Delivery necessary. thereof to the payee or bearer. 85. ( 1. ) A promissory note may be made by two or more makers , Joint and several notes. and they may be liable thereon jointly, or jointly and severally according to its tenour. (2. ) Where a note runs " I promise to pay " and is signed by two or more persons it is deemed to be their joint and several note. 86. ( 1. ) Where a note payable on demand has been indorsed , it Note payable on demand . must be presented for payment within a reasonable time of the indorsement . If it be not so presented the indorser is discharged . (2. ) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade, and the facts of the particular case. (3. ) Where a note payable on demand is negotiated , it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue. 87. ( 1. ) Where a promissory note is in the body of it made payable Presentment of note for at a particular place, it must be presented for payment at that place in payment. order to render the maker liable. In any other case, presentment for payment is not necessary in order to render the maker liable. (2. ) Presentment for payment is necessary in order to render the indorser of a note liable. (3. ) Where a note is in the body of it made payable at a particular place, presentment at that place is nccessary in order to render an indorser 1886 ORDINANCE No. 9 OF 1885 . Bills of Exchange. liable ; but when a place of payment is indicated by way of memorandum only , presentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects , shall also suffice. Liability of 88. The maker of a promissory note by making it— maker. ( 1. ) Engages that he will pay it according to its tenour ; ( 2. ) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. Application 89. ( 1. ) Subject to the provisions in this part and , except as by of part II. to notes. this section provided , the provisions of this Ordinance relating to bills of exchange apply, with the necessary modifications, to promissory notes. (2. ) In applying those provisions the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order. (3. ) The following provisions as to bills do not apply to notes ; namely, provisions relating to ( a. ) Presentment for acceptance ; (b.) Acceptance ; (c. ) Acceptance suprà protest ; (d.) Bills in a set. (4. ) Where a foreign note is dishonoured , protest thereof is unneces sary. PART V. SUPPLEMENTARY. Good faith 90. A thing is deemed to be done in good faith, within the meaning of this Ordinance, where it is in fact done honestly, whether it is done negligently or not. Signature. 91. ( 1. ) Where, by this Ordinance, any instrument or writing is required to be signed by any person , it is not necessary that he should sign it with his own hand , but it is sufficient if his signature is written thereon by some other person by or under his authority.  ORDINANCE No. 9 OF 1885. 1887 Bills of Exchange. ( 2. ) In the case of a corporation, where, by this Ordinance, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal. But nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal . 92. Where, by this Ordinance , the time limited for doing any act Computation of time. or thing is less than three days , in reckoning time, non-business days are excluded . "Non-business days " for the purposes of this Ordinance means— Sundays and public holidays and bank holidays within the meaning of these terms as used in Ordinance 6 of 1875. 93. For the purposes of this Ordinance, where a bill or note is When noting equivalent to required to be protested within a specified time or before some further protest. proceeding is taken , it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding ; and the formal protest may be extended at any time thereafter as of the date of the noting. 94. Where a dishonoured bill or note is authorised or required to Protest when notary not be protested , and the services of a notary cannot be obtained at the place accessible. where the bill is dishonoured , any householder or substantial resident of the place may, in the presence of two witnesses , give a certificate , signed by them, attesting the dishonour of the bill , and the certificate shall in all respects operate as if it were a formal protest of the bill . The form given in the schedule to this Ordinance may be used with necessary modifications, and if used shall be sufficient. 95. The provisions of this Ordinance as to crossed cheques shall Dividend warrants may apply to a warrant for payment of dividend. be crossed. 96. Sec. 7 of Ordinance 13 of 1864 is hereby repealed . Repeal. Provided that such repeal shall not affect anything done or suffered , or any right, title, or interest acquired or accrued before the commence ment of this Ordinance, or any legal proceeding or remedy in respect of any such thing, right, title, or interest. 97. ( 1. ) The rules in bankruptcy relating to bills of exchange, Savings. promissory notes, and cheques, shall continue to apply thereto notwith standing anything in this Ordinance contained. 1888 ORDINANCE No. 9 OF 1885 . Bills of Exchange . Ordinances not affected . ( 2. ) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordi nance, shall continue to apply to bills of exchange, promissory notes , and cheques . (3. ) Nothing in this Ordinance or in any repeal effected thereby shall affect (a. ) The provisions of the Stamp Ordinances, 1884 , 1885 , or Ordinances amending the same or any law or enactinent for the time being in force relating to the revenue : (b . ) The provisions of the Companies' Ordinance , 1865 , or Ordinances amending it or any Ordinance relating to joint stock banks or companies : (c. ) The validity of any usage relating to dividend warrants , or the indorsements thereof. Construction 98. Where any Ordinance or document refers to any enactment with other Ordinance. repealed by this Ordinance , the Ordinance or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Ordinance. SCHEDULE . Form ofprotest which may be used when the services of a notary cannot be obtained. Know all men that I, A.B. of at the request of C.D. , there being no notary public available, did on the day of 188 at demand payment [ or acceptance] of the bill of exchange hereunder written, from E.F., to which demand he made answer [state answer, if any ] wherefore I now, in the presence of G.H. and J.K. do protest the said bill of exchange. (Signed) A.B. G.H. Witnesses. J.K. N.B. - The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.  ORDINANCE No. 10 OF 1885 . 1889 Incorporation of the Vicar Apostolic of the Roman Catholic Church. No. 10 of 1885 . An Ordinance for the Incorporation of the Vicar Apostolic of the Roman Catholic Church in Hongkong. [ 15th May, 1885. ] BE it enacted by the Governor of Hongkong, with the advice of the - Legislative Council thereof, as follows : 1. The Right Reverend JOHN TIMOLEONE RAIMONDI the Roman Vicar Apos tolic of the Catholic Titular Bishop of Acantho and holding the ecclesiastical appoint Roman Catholic ment of Vicar Apostolic of the Roman Catholic Church in Hongkong, Church in Hongkong to and his successors holding the said appointment or the Roman Catholic be a body corporate. dignitary for the time being having the supreme ecclesiastical jurisdic tion in this Colony, in the Roman Catholic Church , shall be a body corporate and shall for the purposes of this Ordinance have the name of " The Vicar Apostolic of the Roman Catholic Church in Hongkong," and by that name shall have perpetual succession and shall and may sue and be sued in all Courts of Justice and before all Magistrates in this Colony, and shall and may have and use a common seal , and the said seal may from time to time break, change, alter , and make anew as to the said corporation may seem fit, and the said corporation shall have full power to acquire, purchase, take , hold , and enjoy for the use of the Roman Catholic Church in this Colony all lands, messuages , and tenements of what nature or kind soever for a life or lives, or for a term of years, and also all manner of goods and chattels whatsoever, and the said corporation is hereby further empowered from time to time by deed under its seal to mortgage, sell, or demise, grant, convey, or otherwise dispose of any lands, buildings , messuages, and tenements by this Ordinance vested , or that may hereafter be vested in the said corporation upon such terms as the said corporation may see fit : Provided always that no lands, buildings , messuages, or tenements acquired with public money or granted by the Government of the Colony for any special purpose previous to the passing of this Ordinance shall be disposed of without the consent of the Governor for the time being in Council . 2. The lands , buildings, messuages , and tenements in this Colony Lands, &c. , now vested in at the time of the passing of this Ordinance vested or purporting to be the Sacred Congregation vested in the Sacred Congregation of the Propagation of the Faith or in of the Propa gation of the the said Right Reverend JOHN TIMOLEONE RAIMONDI in his own right or Faith, Bishop 1890 ORDINANCES Nos. 10 AND 11 OF 1885 . Incorporation of the Vicar Apostolic of the Roman Catholic Church. Post Office. RAIMONDI as trustee for or procurator of the said Sacred Congregation or in the and the late Reverend name of the late Very Reverend Don LUIGI AMBROSI as such procurator AMBROSI, to be vested in or in any other person or persons as procurator or agent or as trustee or the corpora tion. trustees for the said Sacred Congregation , and all monies , securities for money, goods, chattels , and effects whatsoever, the property of the said Sacred Congregation , or standing in the name of the said Congregation or purporting so to be are hereby transferred to and vested in the said corpo ration, but subject as regards the said lands , buildings, messuages , and tenements to the payment of the rents and the observance and perform ance of all the covenants , conditions , and reservations contained in the Crown leases or under leases or mortgages under which the said lands , buildings , tenements are now or may hereafter be respectively held . Rights of the 3. Nothing herein contained shall affect or be deemed to affect the Crown reserved . rights of Her Majesty the Queen, her heirs or successors , or of any bodies politic or corporate, or other person or persons, except such as are men tioned in this Ordinance and those claiming by, from , or under them. No. 11 of 1885 . An Ordinance entitled The Post Office Ordinance, 1884, Amendment Ordinance, 1885. [ 20th May, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative ---- BR Council thereof, as follows : Secs. 9 and Ordinance 12 of 1884, is hereby amended as follows , viz.: 11 of Ordinance 12 of 1881 amended. In section 9, by substituting for the words " Postal Treaty applicable to this Colony," the words " instructions transmitted from the Secretary of State for the Colonies or from the Imperial Postmaster General." In section 11 , by substituting for the words " Postmaster General may subject to such Treaty," the words " Governor may subject to such instructions " and for the words " Postmaster General from time to time thinks " the words " Governor from time to time thinks " and by striking out the words " approved by the Governor in Council and." [ Repealed by Ordinance No. 1 of 1887. ]  ORDINANCE No. 12 or 1885. 1891 Married Women's Disposition of Property. No. 12 of 1885. An Ordinance entitled The Married Women's Disposition of Pro perty Ordinance, 1885. [ 20th May, 1885.j E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : -- 1. In this Ordinance the word " Land " shall include land, mes Land . suages, and tenements, of any tenure situate within the Colony, and any undivided share thereof. The word " Estate " shall include an estate in equity as well as at Estate . law, and shall also include any interest , charge, lien , or incumbrance in , upon, or affecting land either at law or in equity , and also any interest, charge, lien or incumbrance in , upon , or affecting money subject to be invested in the purchase of land . The expression " money subject to be invested in the purchase of Money subject to be land " shall include money, whether raised or to be raised, and whether invested on the purchase the amount thereof be, or be not, ascertained , and shall extend to stocks. of land. and funds and real and other securities the produce of which is directed to be invested in the purchase of land . The expression " the Chief Justice " shall mean the Chief Justice of Chief Justice. Judge, Land the Supreme Court, and the expressions " the Land Officer and Land Officer. Office " shall mean the Land Office and Land Officer of this Colony. 2. A married woman may by deed dispose of any land and money A married woman with subject to be invested in the purchase of land , and also dispose of, disclaim , husband's concurrence release, surrender, or extinguish any estate which she alone, or she and and by deed acknowledged her husband in her right, may have in any land or in any such money , may dispose of lands. and also release or extinguish any power which may be vested in, or [3 & 4 Will. 4. c. 74. secs. limited , or reserved to her in regard to any land , or any such money, or 77, 78. ] in regard to any estate in any land , or in any such money, as fully and effectually as she could do if she were a feme sole , but no such disposition , disclaimer, release , surrender or extinguishment shall be valid and effectual unless the husband concur in the deed by which the same is effected, nor unless the deed be acknowledged by her as hereinafter directed . 1892 ORDINANCE No. 12 of 1885 . Married Women's Disposition of Property. Provided that the powers of disposition given to a married woman by this Ordinance shall not interfere with any power which, independently of this Ordinance, may be vested in , or limited, or reserved to her, so as to prevent her from exercising such power in any case, except so far as by any disposition made by her under this Ordinance she may be pre vented from so doing in consequence of such power having been suspended or extinguished by such disposition . Deed by mar 3. Every deed to be executed by a married woman for any of the ried woman to be acknow purposes of this Ordinance shall upon her executing the same, or after ledged. wards, be produced and acknowledged by her as her act and deed before [Ibid. s. 79.] a commissioner to be appointed as hereinafter provided . Examination 4. The commissioner before he shall receive such acknowledgment, of married woman apart shall examine the woman apart from her husband touching her knowledge from husband. of such deed, and shall ascertain whether she freely and voluntarily con [ Ibid. 8. 80.] sents to such deed, and , unless she does so , shall not permit her to ac knowledge the same, and in such case such deed shall , so far as relates to the execution thereof by such married woman , be void. Appointment 5. The Chief Justice may, whenever it seems desirable to him so to of commis sioners. do, appoint one or more commissioners for taking acknowledgments by [Ibid. secs. married women of the deeds to be executed by them as aforesaid , and 81, 83. ] such commissioners shall be removable by and at the pleasure of the Chief Justice . The Chief Justice may also from time to time as occasion may require appoint a special commissioner to take the acknowledgment of any particular married woman in England or in any other place out of the Colony . Person taking 6. When a married woman acknowledges any such deed , the com acknowledg missioner taking such acknowledgment shall sign a memorandum to be ment to sign memorandum. endorsed on , or written at the foot, or in the margin of such deed , which [Ibid. s. 84.] memorandum, shall be to the following effect, viz . : -- " This deed marked (here add some letter or other mark for the purpose of identification) was this day produced before me and acknowledged by therein named to be her act and deed , previous to which acknow ledgment the said was examined by me separately and apart from her husband touching'  ORDINANCE No. 12 of 1885 . 1893 Married Women's Disposition of Property.. her knowledge of the contents of the said deed and her consent thereto and declared the same to be freely and voluntarily executed by her," and the same commissioner shall also sign a certificate ofthe taking of such acknowledgment which may be to the following effect , viz . : — "These are to certify that on the day of in the year 18 " before me the undersigned , A.B. a commissioner appointed for the Colony of Hongkong , for taking the acknowledgments of deeds by married women pursuant to the Married Women's Disposition of Property Ordinance , 1885 , appeared person ally the wife of and produced a certain indenture marked (here add the mark) bearing date the day of 18 9 and made between ( insert the names of the parties ) and acknowledged the same to be her act and deed , and I do hereby certify that the said was at the time of her acknowledging the said deed of apparent full age and competent understanding, and that she was examined by me apart from her husband , touching her knowledge of the contents of the said deed , and that she freely and voluntarily consented to the same. " 7. Every such certificate, within 3 months of its being signed shall Certificate with affidavit be lodged with the Land Officer, who shall examine the certificate and to be lodged in Land see that it is in due form , is duly signed by the commissioner and if the Office. requisites in this Ordinance in that respect have been complied with , [ Ibid . 8. 85.] shall cause the same to be filed as record in the Land Office. 8. When the certificate is so filed, the deed so acknowledged so far Deed to take effect from as regards the disposition , disclaimer, release , surrender, or extinguishment time of ack thereby made, shall take effect from the time of its being acknowledged , nowledgment. [Ibid. s. 86. ] and the filing of the certificate shall have relation to such acknowledgment. 9. The Land Officer shall, at any time deliver a copy, signed by Copy of certificate him, of any such certificate to any person applying for such copy , and evidence. every such copy shall be received as evidence of the acknowledgment of [ Lbid. s. 88.] the deed to which such certificate refers . 1894 ORDINANCES Nos. 12 AND 13 OF 1885. Married Women's Disposition of Property. Trade Marks. Husband's 10. If a husband is, in consequence of unsound mind, or from any Concurrence when dispen other cause, incapable of executing a deed, or if his residence is not sed with. [Thid. s. 91. ] known , or he is in prison , or is living apart from his wife, either by mutual consent, or by sentence of divorce, or from any other cause whatsoever, the Chief Justice, may by an order to be made in a summary way upon the application of the wife, and upon such evidence as to him shall seem meet , dispense with the concurrence of the husband in any case in which his concurrence is required by this Ordinance, or otherwise , and all acts and deeds to be done, executed , or made by the wife in pursuance of such order, in regard to any land or in regard to money , subject to be invested in the purchase of land shall be as good and valid as they would have been if the husband had concurred, but without prejudice to the rights of the husband as then existing independently of this Ordinance . No. 13 of 1885 . An Ordinance entitled An Ordinance to amend Ordinance 16 of 1873. , [ 20th May, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BBCouncil thereof, as follows : Sec. 3 of Ordi Ordinance 16 of 1873 is hereby amended as follows , viz .: nance 16 of 1873 amended. In section 3 by striking out from the words " every such application " to the words " the Colonies and," both inclusive, and inserting in place thereof the words " if the parties making the application do not reside or carry on business in this Colony, the application must be transmitted to the Governor through Her Majesty's Principal Secretary of State for the Colonies ; and if the parties are resident or have their principal business establishment in this Colony, the application may be made direct to the Governor. Every such application. " [ Repealed by Ordinance No. 8 of 1886.]  ORDINANCES Nos . 14 AND 15 OF 1885. 1895 French Mail Steamers. Wild Birds Preservation. No. 14 of 1885. An Ordinance entitled The French Mail Steamers Ordinance continuation Ordinance, 1885. [ 27th May, 1885. ] 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 Hongkong, shall continue in force until the first of September, 1886, inclusive. [ Repealed by Ordinance No. 4 of 1887. ] No. 15 of 1885 . An Ordinance entitled The Preservation of Wild Birds and Game Ordinance. [ 13th June, 1885. ] HEREAS it is expedient to make provision for the preservation of W wild birds and game : Be it enacted by the Governor of Hong kong with the advice of the Legislative Council thereof, as follows : 1. Ordinances 1 of 1870 and 16 of 1884, are hereby repealed. Ordinances 1 of 1870 and 16 of 1884 repealed . 2. In this Ordinance the words " wild bird " shall include every Interpreta tion . description of wild bird ; and the word " game " shall include every des cription of deer, hare, rabbit, pheasant, partridge, grouse, heath or moor game, black game, bustard, woodcock , snipe, quail , landrail, wild - duck, and widgeon . 3. No person shall kill , wound , take, or attempt to kill, wound , or Penalty for killing or take any wild bird , or game , or use any gun, net , or other instrument wounding. &c., birds, whatever for such purpose, without having previously obtained a licence without a licence ; and from the Governor in Council as hereinafter provided . offering for sale pheasant And no person shall , from the month of April to the month of or partridge between April September both inclusive , offer for sale in this Colony any pheasant or & September. partridge. 1896 ORDINANCES Nos. 15 AND 16 OF 1885 . Wild Birds Preservation. Revenue. Any person committing an offence against this section shall be lia ble, on summary conviction before a Magistrate, for a first offence to a penalty not exceeding ten dollars, and for any subsequent offence to a penalty not exceeding twenty - five dollars with or without imprisonment with hard labour not exceeding 1 month . Penalty for 4. Where any person is found offending against this Ordinance , it refusing to give name shall be lawful for any person to require the person so offending to give and address . his name, surname and place of abode ; and in case the person offending, after being so required , refuses to give his real name and place of abode, he shall be liable on summary conviction thereof before a Magistrate to a penalty not exceeding twenty- five dollars , in addition to any punishment which may be inflicted under section 3 . Governor 5. The Governor in Council may, from time to time, at discretion in Council may grant grant to any person , for such considerations and upon such conditions licence to shoot and and for such periods not exceeding ten years at any one time and in such take game, No.. form as may, from time to time , be determined by the Governor in Council, and may revoke such permission to shoot and take game or wild birds or any particular des licence . criptions of game or wild birds within any particular districts or localities in this Colony . If at any time any person to whom such permission has been granted is, in the opinion of the Governor in Council , guilty of any breach of any condition on which the same was granted , the Governor in Council may, by order, revoke the same . No. 16 of 1885. Au An Ordinance to authorize the Appropriation of a Supplementary Sum of Two hundred and Forty - two thousand and Seventy -nine Dollars and Twenty Cents to defray the Charges of the Year 1884 . [ 31st October, 1885. ] HEREAS it has become necessary to make further provision for the public. W service of the Colony for the year 1884, 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 forty-two thousand and seventy-nine dollars and twenty cents is hereby charged upon the revenue of this Colony for the service of the year 1884, the said sum so charged being expended as hereinafter specified ; that is to say :  ORDINANCES Nos. 16 AND 17 OF 1885 . 1897 Revenue. -: ESTABLISHMENTS : Colonial Treasurer, $ 138.23 Clerk of Councils, ..... 27.41 Surveyor General, 838.39 Collector of Stamp Revenue, ..... 175.03 Government Gardens and Plantations, 12.87 Judicial, 373.52 Civil Hospital, 57.01 -$ 1,622.46 SERVICES EXCLUSIVE OF ESTABLISHMENTS : Surveyor General, 226.45 Registrar General, 225.60 Ecclesiastical,. 720.00 Educational, ..... 275.15 Police, 27,138.61 Gaol, .. 1,237.01 Transport , 698.49 Works and Buildings, 37,183.08 Roads, Streets and Bridges, .... 13,965.87 Miscellaneous Services, 30,423.96 Land and Houses Purchased, 2,598.90 Extraordinary Public Works, .... 122,298.98 Extraordinary Military Expenditure, 3,464.64 $240.456.74 TOTAL,...... $242,079.20 [ Repealed by Ordinance No. 4 of 1887.] No. 17 of 1885 . An Ordinance to apply a sum not exceeding One million Two thousand Nine hundred and Eighty -two Dollars to the Public Service of the Year 1886 . [ 31st October, 1885. ] HEREAS the expenditure required for the service of this Colony for the year W 1886 has been estimated at the sum of one million two thousand nine hundred and eighty-two 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 two thousand nine hundred and eighty-two dollars shall be and the same is hereby charged upon the revenue of this Colony for the service of the year 1886, and the said sum so charged may be expended as hereinafter specified ; that is to say : 1898 ORDINANCE No. 17 OF 1885. Revenue. ESTABLISHMENTS :-- Governor,.... $ 8,775 Colonial Secretary , 10,936 Audit Office, 4,518 Colonial Treasurer, .... 6,080 Clerk of Councils , ........... 200 Surveyor General, 46,243 Postmaster General , 26,426 Registrar General,... 17,811 Harbour Master, ... 38,748 Lighthouses, 7,508 Observatory, ...... 5,820 Collector of Stamp Revenue, ... 4,822 Government Gardens and Plantations, 6,986 Judicial, ..... 35,645 Ecclesiastical,... 1,158 Educational, 25,275 Medical, ....... 18,558 Police Magistrates, 7,884 Police, 159,133 Gaol, ...... 26,868 Fire Brigade, 9,486 $468,880 SERVICES EXCLUSIVE OF ESTABLISHMENTS : Colonial Treasurer, $ 2,818 Surveyor General ,.. 2,520 Postmaster General , ..... 68,000 Registrar General, 25 Government Gardens and Plantations, 14,800 Judicial, ..... 860 Ecclesiastical, ……………………. 1,220 Educational , .. 21,808 Medical, …………….. 14,839 Police Magistrates , 390 Police, ....... 46,628 Gaol, 22,220 Fire Brigade, ..……………. 5,800 Charitable Allowances,... 4,000 Transport, .. 4,500 Works and Buildings,.. 81,200 Roads, Streets, and Bridges , 37,500 Miscellaneous Services, ... 86,787 Military Expenditure, .. 118,187 $534,102 GRAND TOTAL,……… $ 1,002,982 [ Repealed by Ordinance No. 4 of 1887. ]  ORDINANCE No. 18 or 1885 . 1899 Frison. No. 18 of 1885 . An Ordinance entitled The Prison Ordinance, 1885. [See Amend ment Ordi nance No. 13 [ 16th November, 1885. ] of1889. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 1. The Governor may from time to time make , and when made alter Governor may make or revoke, orders for any of the following purposes, viz. : — orders in certain matters . (a. ) To set apart any available sites and buildings for the purpose of a prison . (b . ) To discontinue the use of any prison and appropriate the site and buildings thereof to any other lawful purpose . (c.) To remove prisoners from one prison to another. (d.) To appoint fit persons to be respectively superintendents of prisons , chaplains and surgeons, and such subordi nate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices , and to regulate the salaries to be paid to such persons . 2. The site and buildings and prison known as Victoria Gaol at the Victoria Gaol deemed a time of the coming into operation of this Ordinance shall be deemed to prison. be a prison duly set apart under section 1 of this Ordinance . 3. The Superintendent and officers of Victoria Gaol at the time of Present officers to be the commencement of this Ordinance shall be deemed to be duly appointed deemed ap pointed under under section 1 of this Ordinance. But such officers shall hold their this Ordi nance. offices by the same tenure, and upon like terms and conditions , as if this Ordinance had not passed . 4. Prisoners shall be under the control of superintendents of prisons Superintend ents. assisted by the prison officers appointed thereto under the provisions of this Ordinance. 5. A prisoner shall be deemed to be in legal custody whenever he Custody of prisoners. is being taken to or from or whenever he is confined in any prison in which he may be lawfully confined , or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison , and any 1900 ORDINANCE No. 18 OF 1885 . Prison. constable or other officer acting under the order of any Judge or Justice of the Peace, or officer having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may be legally committed or removed. Separation 6. The requisitions of this Ordinance with respect to the separation of prisoners . of prisoners are as follows : ( 1. ) In every prison separate cells shall as far as possible be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding five years. ( 2. ) In every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences. (3. ) In a prison containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, conversing, or holding any intercourse with the men. ( 4. ) In a prison where debtors are confined , means shall be provided for separating them altogether from the criminal prisoners. (5. ) In a prison where criminal prisoners are confined , such prisoners shall , as far as possible, be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night , except when he is at chapel or taking exercise, or by every prisoner being confined by night to his cell, and being subjected to such superintendence during the day as will , consistently with the provisions of this Ordinance, prevent his communicating with any other prisoner. (6. ) In a prison where prisoners under the age of 16 years are confined, they shall be kept separate from prisoners of or above that age.  ORDINANCE No. 18 OF 1885 . 1901 Prison. 7. No cell shall be used for the separate confinement of a prisoner Cells to be approved by unless it has been approved in writing by the Governor for the purpose , the Governor. and the Governor shall not give his approval in respect of any cell unless he is satisfied that it is of such a size, and is lighted , warmed , ventilated , and fitted up in such a manner as may be requisite for health , and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison ; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intended to be employed during the whole day, or for a long or short part thereof ; and the Governor's approval may be varied accordingly, so as to express the period of imprisonment for which each cell may be considered fit , and the number of hours in the day during which the prisoners may be employed therein . No punishment cell shall be used unless it has been approved in writing by the Governor, and the Governor shall not give his approval in respect of any such cell unless he is satisfied that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison , and that it can be used as a punishment cell without detri ment to the prisoner's health , and the time for which it may be so used shall be stated in the approval . Every approved cell shall be distinguished by a number or mark placed in a conspicuous position , and shall be referred to by its number or mark in the Governor's approval, and the number or mark of any approved cell shall not be changed without the Governor's approval . Any approval given by the Governor in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the approval, in his opinion , inapplicable thereto, and upon an approval in respect of a cell being withdrawn , that cell shall cease to be an approved cell for the purposes of this Ordinance . 8. Hard labour for the purposes of sentences of imprisonment with Hard labour. hard labour or penal servitude shall be of two classes, consisting , 1st , of work at the tread wheel , shot drill , crank, capstan, stone-breaking, or such other like description of hard bodily labour as may be appointed by the Governor, which work is hereinafter referred to as hard labour of the first class ; 2ndly, of such other description of bodily labour as may be appointed by the Governor, which work is hereinafter referred to as hard 1902 ORDINANCE No. 18 OF 1885 . Prison. . labour of the second class ; and in every prison where prisoners sentenced to hard labour or penal servitude are confined, adequate means shall be provided for enforcing hard labour in accordance with the regulations of this Ordinance ; but prisoners may be employed in hard labour of the second class outside the walls of the prison under the control of a prison officer belonging to such prison , and employment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the Superintendent as a reward for industry and good behaviour, be deemed to be hard labour of the second class . Misdemean 9. In every prison , prisoners convicted of misdemeanor, and not ants ofthe 1st and 2nd divi sentenced to hard labour, shall be divided into at least two divisions , one sions. of which shall be called the first division ; and whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour, the Court or Judge before whom such person has been tried may order, if such Court or Judge thinks fit, that such person shall be treated as a misdemeanant of the first division , and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Ordinance. Every person imprisoned under any rule , order , or attachment for contempt of Court shall be treated as a misdemeanant of the first division . Aiding in 10. Every person who aids any prisoner in escaping or attempting escape. to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask , dress , or other disguise , or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to imprisonment with hard labour for a term not exceeding two years . Introduction 11. Every person who, contrary to the regulations of the prisons , of prohibited articles into brings or attempts by any means whatever to introduce into any prison prison. any spirituous or fermented liquor or tobacco or opium, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco or opium to be sold or used therein , contrary to the prison regulations , on conviction shall be sentenced to imprisonment for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or both in the discretion of the Court, and every officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him.  ORDINANCE No. 18 OF 1885 . 1903 Prison. 12. Every person who, contrary to the regulations of a prison, Conveying documents or conveys or attempts to convey any letter or other document, or any article articles out of a prison. whatever not allowed by such regulations into or out of any prison , shall on conviction incur a penalty not exceeding ten pounds, and , if an officer of the prison, shall forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Ordinance . 13. The Superintendent shall cause to be affixed in a conspicuous Superintend ent to notify place outside the prison a notice in English and in Chinese setting forth penalties for breaches of the penalties that will be incurred by persons conmitting any offence in the 3 preced ing sections. contravention of the three preceding sections. 14. It shall be the duty of the Coroner to hold an inquest on the Inquest to be held on a body of every prisoner who may die within a prison , and in no case shall death in pri son. Certain any officer of the prison , or any prisoner confined in the prison, or any persons dis qualified from person engaged in any sort of trade or dealing with the prison, be a juror serving as a juror at such on such inquest .* inquests. 15. If any suit or action is prosecuted against any person for any Protection of persons thing done in pursuance of this Ordinance, such person may plead that against acts done under the same was done by authority of this Ordinance ; and if a verdict this Ordi nance . passes for the defendant, or the plaintiff becomes nonsuited , or discontinues his action after issue joined , or if, upon demurrer or otherwise, judgment be given against the plaintiff, the defendant shall recover costs as between solicitor and client and have the like remedy for the same as any defendant has by law in other cases ; and though a verdict be given for the plaintiff in any such action , such plaintiff shall not have costs against the defendant , unless the Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained thereupon. 16. Offences under this Ordinance, with the exception of felonies, Offences except and of offences for the mode of trial of which express provision is made felonies to be prosecuted by this Ordinance, shall be prosecuted summarily before a Police summarily before a Magistrate. Magistrate. 17. The Governor in Executive Council shall , as soon as possible Governor in Council may after the commencement of this Ordinance, make rules for the regulation make rules. and government of prisons, and for the duties and conduct of the officers [See Ord. No. 13 of 1889. ] and other persons employed in prisons, and of the Visiting Justices, and 1904 ORDINANCE No. 18 OF 1885 . Prison. for the classification , diet , clothing, maintenance, employment , discipline , instruction, and correction of prisoners , and for all other matters relating to prisons, and may from time to time repeal , alter , or add to such rules, provided that such rules shall not be inconsistent with anything contained in this Ordinance. All such rules shall be published in the Government Gazette, and shall from the date of such publication be binding on all persons in the same manner as if they had been contained in this Ordinance . But every such rule or repeal or alteration of a rule may be disallowed by Her Majesty , and shall thereupon cease to have effect from the date of the publication of such disallowance in the Government Gazette . Until rules shall have been made under this section the regulations for the government of Victoria Gaol in force at the commencement of this Ordinance shall remain in force so far as they are not inconsistent with anything contained in this Ordinance. Governor to 18. The Governor shall from time to time appoint, with their appoint Visit ing Justices. consent, Justices of the Peace to be Visiting Justices for periods to be specified in such appointments . Visiting Justices shall, during the period for which they are appointed , from time to time at frequent intervals visit all prisons , and hear any complaints which may be made to them by the prisoners, and shall report on any abuses within the prisons , or any repairs that may be required , and shall further take cognisance of any matters of pressing necessity and within the powers of their commission as Justices, and do such acts and perform such duties in relation to prisons as they may be required to do or perform by the Governor, but subject to the regulations with respect to the duties of Visiting Justices to be made by the Governor in Executive Council under this Ordinance . Repeals. 19. Ordinances 4 of 1863 and 2 of 1878 are hereby repealed , and sections 63 of Ordinance 4 of 1865 , and 50 of Ordinance 6 of 1865 , and 95 of Ordinance 7 of 1865 , and 36 of Ordinance 10 of 1865 shall be construed as if they referred to this Ordinance and the regulations made thereunder, instead of to section 15 of Ordinance 4 of 1863 . Commence 20. This Ordinance shall come into operation on a day to be ment of Ordinance proclaimed by the Governor. [In force from the 1st February, 1886, by proclamation of the 30th January, 1886. ]  ORDINANCE No. 18 of 1885 . 1905 Prison. Rules and regulations for the management of the Gaol at Victoria, Hongkong, andfor the guidance of its officers ; made by the Governor in Executive Council, under sec. 17 of the Prison Ordinance, 1885, on the 21st and gazetted the 31st May, 1890. 1. The officers of the gaol shall be : -One Superintendent, one Surgeon , and such Chaplains and such subordinate officers as the Governor may from time to time appoint. The Superintendent shall reside in the prison . 2. The Superintendent may punish any subordinate officer for misconduct, or neglect or breach of duty, by a fine not to exceed ten dollars, or by degradation to a lower rank and pay. He shall enter any such exercise of authority in his journal, and also in the officers' misconduct book, and report the same without delay to the Governor. He may apply all fines to the general good of the officers in such manner as may be approved by the Governor. 3. The Superintendent may not grant more than one week's vacation or sick leave without authority from the Governor. 4. The Superintendent shall frequently test the quality and quantity of the rations supplied to the prisoners , and should any deficiency in either be discovered, he shall note the same in his journal, call on the contractor to make it good , and , if he consider it necessary, report the same to the Governor. 5. The Superintendent shall occasionally visit the prisoners at their meals, and shall enquire into any complaint that may be made to him regarding their food. 6. The Superintendent shall use his discretion in bringing to the notice of the Governor the case of any child of tender years who may be sentenced to imprisonment, and carry out the Governor's instructions concerning such child. 7. The Superintendent shall use his best endeavours to assist in the identification of prisoners, and with that object shall furnish to the Police any information in his power. 8. The Superintendent shall, when present, invariably accompany the Visiting Justices in their visits of inspection to the prison , shall inform them of any prisoner who wishes to see them, and shall otherwise assist them so far as he is able. During the inspection of the gaol either by Visiting Justices, or by the Governor or any other officer of rank, the prisoners should not be taken off their usual work or ordered to stand at attention. Every facility, however, must be given to those who wish to communicate with the officers inspecting, and the Superintendent will see that due opportunities are provided . 9. The Superintendent shall take care that the notice board required by Ordinance to be placed in some conspicuous place outside the prison , cautioning persons against 1906 ORDINANCE No. 18 of 1885 . Prison. bringing spirits, opium, tobacco , money, letters, or other prohibited articles into the prison, is duly maintained. 10. The Superintendent will, with the warden , enforce the highest possible degree of cleanliness in every part of the prison, in the persons of the prisoners, their clothes and bedding, and see that the bedding and clothing are all in proper repair. 11. The Superintendent shall deliver daily to the Surgeon a list of prisoners in solitary confinement, and of such as may have complained of sickness, sores, or any other ailment, without any exception, whether he thinks such complaint groundless or not ; also a list of prisoners who have recently suffered , or are about to suffer, corporal punishment, or solitary confinement ; and shall call his attention to any case of insanity or apparent insanity occurring among the prisoners. 12. The Superintendent shall take every precaution to prevent fire, or the escape of prisoners ; and shall cause all the wards, cells, bolts, bars, and locks of the gaol to be thoroughly examined daily. 13. The Superintendent shall cause to be fully explained to every officer his general duties, and especially those required of him in case of fire, or in case of any attempt to escape made by either a single prisoner, or several in concert. 14. The Superintendent shall take proper and discreet means to ascertain that no visitors to prisoners bring into the Gaol anything not permitted by the rules of the gaol, or, in his opinion objectionable. To secure this as far as possible, he will on no account allow the employment of prisoners as servants by any officer of the gaol. 15. The Superintendent or, in his absence , the warden may, on reasonable grounds of suspicion, require that visitors to prisoners be searched in his presence, except in the case of females, who shall be searched in a private room by the matron. Should such visitors refuse to be searched, or to give their names and addresses, he may refuse them admittance. 16. The Superintendent shall see that the proper number of prisoners required by the Surveyor General for the public works are sent out at the proper time, with a sufficient number of well-armed officers for their safe custody, and he shall occasionally visit them while at work. 17. The Superintendent may permit any respectable person to view the gaol at reasonable hours , accompanied by an officer, who shall caution such visitor against conversing with any prisoner. 18. The Superintendent shall pay attention to the ventilation, drainage, and sanitary condition of the prison, and take such measures as may be necessary for their being maintained in perfect order ; and with the Surgeon shall frequently examine and see that the washing places, baths, and closets are in efficient working order ; and it shall be the duty of every officer to report at once any defect by which these arrange ments do not effect their proper object .  ORDINANCE No. 18 OF 1885 . 1907 Prison. 19. The Superintendent shall visit prisoners in solitary confinement, occasionally visit the wards and cells at night, and keep a general supervision over the mark system . 20. The Superintendent shall hear the reports every day, at such an hour as is most convenient, and shall take care that every prisoner having a complaint to make, or request to prefer to him, shall have ample facilities for doing so ; and he shall redress any grievances , or take such steps as may seem necessary, recording the same in the prisoners ' interview book. 21. The Superintendent shall forward to the Governor without delay any report or complaint which any officer of the prison may desire to make to him , and shall on no account suppress it ; but he may offer any explanation with it which may seem to him requisite. 22. The Superintendent shall enforce the observance of silence throughout the prison, and prevent all intercourse or communication between the prisoners, so far as the formation and the conduct of the business of the prison or the labour of the prisoners will permit, and shall take care that all necessary and unavoidable intercourse or communication between prisoners be conducted in such manner only as he shall from time to time direct . 23. The Superintendent shall take care that no prisoner is subjected to any punishment which the Surgeon is not satisfied he is capable of undergoing ; and shall see that the written recommendations of the Surgeon are attended to as to the supply of any additional bedding or clothing, or alteration of diet for any prisoner, or with respect to any alteration of discipline or treatment in the case of any prisoner whose mind or body appears to require it. 24. The Superintendent shall cause an inventory to be kept of all clothing, bedding, tools, furniture , & c., under his charge, which shall be verified half-yearly ; and he shall satisfy himself of the correctness of the inventory, and shall countersign the same. All unserviceable and unrepairable articles at such times shall be brought forward for inspection , that they may be condemned and sold , or otherwise disposed of. 25. The Superintendent shall exercise his authority with firmness, temper, and humanity. His object should be not only to give full effect to the sentence awarded to the prisoners, but also to induce in them practical habits of industry, regularity, and good conduct. 26. The Superintendent shall submit to the Governor, by the 1st of February in each year, an annual report of the prison for the previous year, referring to all subjects of interest, and giving a brief history of the prison. 27. The Superintendent shall enter in the Superintendent's order book all per manent orders which he shall issue relating to the management and discipline of the prison. 1908 ORDINANCE No. 18 OF 1885 . Prison. 23. The Superintendent shall, a few days before the opening of the Supreme Court Sessions, on the occasion of prisoners who are committed for trial being served with the usual informations , ask each man if he wishes to call any witnesses for his defence, and shall at once inform the Police authorities in order that such witnesses may be if necessary summoned to appear at the sessions . The Superintendent will record this in his journal, stating the number of prisoners who have been asked the question, and their replies to it. 29. The Superintendent will be held responsible for the due discharge of the prisoners at the expiration of their sentences. THE WARDEN. 30. The warden shall assist the Superintendent in his duties, acquaint himself with the rules and regulations of the prison, and see that they are strictly carried out by both the subordinate officers and prisoners. 31. The warden shall reside in the prison , or at a place appointed by the Gov ernor , and shall not absent himself from his quarters for a night without the permission of the Superintendent. He shall take charge of the gaol during the temporary absence of the Superintendent and shall not leave the gaol during such absence ; nor during the presence of the Superintendent without his permission. 32. A deputy warden shall be appointed by the Superintendent to act during the absence of the warden, such deputy to have all the powers, authorities , and responsibilities of the warden, who shall, before leaving the gaol , personally give over charge to the deputy, with all necessary instructions. 33. The warden shall take care that every prisoner on admission is put into a reception cell and strictly searched , and that all knives, weapons, instruments, money, opium, tobacco, or anything forbidden by the rules, or anything likely to facilitate escape, be taken from such prisoner. As far as practicable no such search shall take place in the presence of any other prisoner. 34. On the admission of each prisoner, it shall be the duty of the warden or clerk to record in the gaol register or nominal record of prisoners , the name, age, height, weight , features , particular marks and general appearance of such prisoner, with anything else worthy of notice. 35. The warden shall take care that all articles taken from prisoners, with their clothes and other effects, and all such things as may from time to time be sent in on the prisoner's account shall be entered in the Prisoner's Property Book, with the date of their receipt and restoration ; and that all such property shall be kept in a suitable place to be provided for the purpose, and shall be restored to the prisoner on his dis charge ; except such clothes as it may be considered necessary to destroy, or such money or property as the Governor may think fit to confiscate, or to allow the prisoner to have to assist him in his defence on his trial.  ORDINANCE No. 18 or 1885 . 1909 Prison. 36. Prisoners on entering will be carefully searched, and all money, valuable s , &c. found in their possession will be at once entered in the " Property Book." 37. The head turnkey on duty will, before prisoners are told off to cells, & c. , check the " Property Book " and inform the prisoner of the description of property recorded. All money and valuables will then be handed over to the warden to be locked up . The head turnkey will initial the " Property Book " as to the correctness of the entries, & c. 38. The warden shall attend every corporal punishment inflicted within the gaol, and enter in the Occurrence Book the day and hour of the infliction of the punishment, with the number of strokes, and the direction of the Surgeon thereon . 39. The warden shall in no case inflict any punishment without the orders of the Superintendent of the gaol, or in the case of corporal punishment, without a certi ficate personally given in writing by the Surgeon, that the person to be punished is in a fit state of health to receive the number of strokes awarded to him without injury. 40. The warden shall take care that prisoners have an opportunity of making complaints or requests to him, and he shall either take steps to redress any grievance , or shall report the same to the Superintendent. 41. The warden shall take care that any prisoner who wishes to see the Super intendent, or Visiting Justices shall have an opportunity of doing so. 42. The warden shall visit the workshops, yards, and corridors frequently , and see that the prisoners are kept at their work. He shall also occasionally visit the wards at an uncertain hour during the night , to ascertain that the officers on duty are on the alert. He shall diligently observe the behaviour of all subordinate prison officers and see that they strictly adhere to the rules, and shall report immediately to the Superintendent any neglect or misconduct that may come to his knowledge. 43. The warden shall be responsible to the Superintendent that the details of duties connected with order and discipline of the gaol are carried out with promptness and regularity, and in strict accordance with the regulations. He shall also enforce the greatest economy. 44. The warden shall daily inspect every part of the prison, see that every thing is clean and in good order, and that the means of security in the different yards, &c. , are effective. He shall pay special attention to prisoners in solitary confinement. He is to see that no ladders, planks, ropes, chains, or anything likely to facilitate escape are left exposed in the yards. 45. The warden shall superintend the parade of the working parties, and shall be careful that they are despatched to their labour with regularity and without loss of time. He will check their numbers on their departure from, and on their return to the prison, and will see that the good conduct marks earned by each prisoner have been communicated to him. 1910 ORDINANCE No. 18 of 1885 . Prison. 46. The warden shall superintend the issuing of the prisoners' meals ; shall take care that their clothing is in proper repair, their hair kept in good order, and their washing, shaving and bathing attended to. 47. The warden shall at once communicate to the Superintendent every cir cumstance which may come to his knowledge likely to affect the security, health, or discipline of the prisoners, efficiency of the subordinate officers, or anything which may in any way require his attention. 48. The warden shall take care that every article of food supplied for the use of the prisoners is sound and of good quality ; and that the scales, weights, and measures in use in the prison for the issue and distribution of provisions, stores, &c . , are accu rate and in proper order. 49. The warden shall not, directly or indirectly, have any interest in any contract for the supply of the prison ; nor shall he receive, under any pretence whatever, any fee or gratuity from any person supplying or tendering supplies for the prison. 50. The warden shall keep such books and accounts as may be prescribed by the Superintendent, and shall assist the Superintendent in keeping a correct inventory of all clothing, bedding, furniture, tools , and cooking utensils in the prison. 51. The warden shall cause the whole of the prisoners to be counted twice daily, and satisfy himself that the number is correct. 52. On parading the officers both for day and night duty, the warden will see that they are in all respects fit for, and properly acquainted with their duties. He will also read to them any new orders from the Superintendent's Order Book. 53. The warden shall endeavour to exercise a sound moral influence over both the officers and prisoners placed under his supervision. He shall restrain by his authority every tendency to oppression or undue harshness on the part of the subordi nate officers, and likewise every tendency to levity, rudeness, and insubordination on the part of prisoners, and shall aim to raise the minds of the officers to a sense of their responsibility, and of the comfort arising from a conscientious discharge of their duties. 54. The warden shall see that the keys are securely disposed of for the night, under such regulations as may be established by the Superintendent. He shall see that the rules relating to visits to prisoners are carried out in a proper manner. Such visits shall take place in the presence of an officer, and be recorded in a book kept for that purpose. 55. The warden shall take care that no articles of clothing are issued until they have been properly marked with the prison marks. 56. The warden shall make a weekly inspection of the officers' quarters, and if necessary report the result as to repairs, &c. , being needed.  ORDINANCE No. 18 of 1885 . 1911 Prison. THE HEAD TURNKEYS. 57. The head turnkeys shall have assigned to them the immediate charge of such prisoner, and such parts of the prison as the Superintendent or the warden may direct, and shall be responsible for the maintenance of proper order and discipline * among such prisoners, and such portions of the prison. 58. The bead turnkeys shall perform such duties as may from time to time be prescribed by the Superintendent for the purpose of preventing communication be tween the prisoners, and enforcing diligence, cleanliness, order, and conformity to the rules of the prison . Each shall in turn have charge of the prisoners on the public works, and shall take particular care that the rules relating to the management of such prisoners are carried out in their integrity. 59. Each head turnkey shall in turn perform duty at night, and shall take charge of the gaol under the Superintendent and warden ; to whom he shall report any event of importance which may happen during the night, and shall see that the rules relating to the officers on night duty are strictly enforced. 60. The head turnkeys shall see that the officers leave for and return from their meals punctually, reporting any breach of the rules in this respect. 61. The head turnkeys shall see that the prisoners are kept strictly to their labour. They shall diligently observe the behaviour of all the subordinate officers as well as of the prisoners, and see that all strictly adhere to the rules ; and shall report immediately to the warden any neglect or misconduct that may come to their knowledge. 62. The head turnkeys shall especially attend to the carrying into effect all orders as to be punishment to be inflicted on prisoners, and shall see that those in soli tary confinement are provided with necessaries. 63. The head turnkeys shall frequently inspect every part of the prison, and ascertain that all locks, bars, bolts , and other means of security are in good order, and that the prisoners have not in their possessiou any prohibited articles, for which purpose they may search the persons of the prisoners frequently ; bearing in mind the latter part of rule 31. They shall occasionally inspect the turnkeys' quarters , water closets, and all other places connected with the prison, and see that they are kept in proper order. They shall also see that the fire engine, fire pumps, and extincteurs are in good working order, and that the fire buckets are at all times kept filled with water. They shall also see that the water- pipes and cocks, and those for the supply of gas are in working order, and that no leakage exists. 64. Each head turnkey shall in turn superintend the unlocking and assembling of the prisoners for their morning meal, and the mustering, searching, and locking up in the evening. 1912 ORDINANCE No. 18 OF * 1885 . Prison. 65. Each head turnkey shall in turn assist in giving over charge of the gaol to the officer in charge of the night duties, and for that purpose shall accompany him round the gaol at 6 P.M., and shall see that all the locks are tried throughout the gaol, and that the keys are given over to him. 66. Each head turnkey shall in turn issue library books to the European prisoners weekly ; taking care that the books are returned by the prisoners in proper condition . 67. During the head turnkey's turn on Sunday duty he shall on no account leave the gaol from 2 P.M. on Saturday, until 6 A.M. on the Monday following, unless permitted to leave for a short time by the warden ; who shall during such absence act for him. 68. Rule 49 shall apply to the head turnkeys equally with the warden. THE MATRON. 69. The matron shall reside in the gaol, and be under the orders of the Superin tendent. 70. The matron shall carry out all the rules laid down for the direction of the warden as to male prisoners, so far as such rules are applicable to female prisoners. 71. The matron shall be present at the distribution of food to the prisoners ; inspect every part of the female prison daily, see every prisoner at least twice in each twenty-four hours , and shall at least once a week visit the ward at an uncertain hour during the night . 72. The matron shall not be absent from the gaol without the permission of the Superintendent, and when she obtains leave it shall be entered in her journal. 73. The matron shall take care that no male officer or visitor enters the division of the prison allotted to females, unless accompanied by herself, or some other female officer. 74. The matron shall search female prisoners on admission , and as often after wards as she thinks necessary ; and shall see that they are bathed, and properly clothed in the prison dress. 75. In case of necessity, and with the sanction of the Superintendent, the matron may delegate her duties to the wife of an officer of the gaol , or some other married woman. 76. The matron shall keep in her possession the keys of the cells and wards of the female prisoners , and the locks and keys of such cells and wards shall be different from those of the cells and wards of the male prisoners. 77. The matron shall see that the wards, cells, and yards of the female prisoners are kept scrupulously clean. She shall pay special attention to female prisoners in solitary confinement.  ORDINANCE No. 18 of 1885 . 1913 Prison. THE PRISON OFFICERS. 78. All subordinate officers shall obey the commands of the Superintendent in the performance of their duties. 79. Subordinate officers shall thoroughly acquaint themselves with the rules and regulations of the gaol so as to be conversant with every detail ; they shall frequently examine the state of the cells, bedding , locks , bolts, &c. , and shall seize all prohibited articles, and deliver them to the Superintendent forthwith . 80. No subordinate officer is on any account to enter a prisoner's cell at night, unless accompanied by another officer. 81. Subordinate officers whose services are discontinued (except those who are temporarily engaged, who shall not have completed their probation , or who shall be dismissed for misconduct) shall be entitled to a month's notice or a month's y. Those whose probation is not completed are entitled to only a week's notice, or a week's pay; or ifthey commit an offence meriting it they can be at once discharged . Officers who wish to resign their situation shall give a month's notice. 82. No subordinate officer shall absent himself from the gaol without permission from the Superintendent, and when leaving the gaol he shall not carry his keys or book away with him . 83. Officers shall on no account leave their keys lying about ; but shall on leaving their post deliver them to the officer appointed to receive them . 84. It is the duty of all officers, without exception, to treat the prisoners with kindness and humanity, to listen patiently to their complaints, to inform the warden of any prisoner who desires to see him or the Superintendent, and to be firm in main taining order and discipline , and enforcing an observance of the rules of the gaol. 85. Subordinate officers must not sit down or lounge about during their turn of duty ; but must be always alert and watchful, keeping their faces towards the prisoners under their charge. 86. Subordinate officers shall examine the prisoners ' clothing, and see that it is at all times in proper repair. 87. Subordinate officers are prohibited , on pain of dismissal , from borrowing money from the compradore. 88. No officer of the gaol shall be a bailiff nor be concerned in any trade or other occupation, his whole time is to be devoted to the service of the gaol . 89. All prison officers shall treat the Visiting Justices, Judges, Members of the Council, and Magistrates with courtesy and respect. 90. Any subordinate officer desiring to appeal against any decision of the Super intendent which affects him will state his complaint in writing, for the consideration of the Governor . 1914 ORDINANCE No. 18 or 1885 . Prison. 91. It shall be the duty of every officer to direct the attention of the Superintend ent to any prisoner who may appear to him not in health, although he may not com plain, or whose state of mind may appear to him deserving of special notice and care, in order that the opinion and instructions of the Surgeon may be taken on the case. 92. Any officer who shall be guilty of assaulting or otherwise molesting any pri soner, either within or without the gaol walls, unless compelled to do so in self-defence or for some other lawful purpose, shall be at once suspended with a view to his dismissal , and even if compelled to strike in self- defence, no unnecessary violence should be used. 93. No subordinate officer, on any pretence whatever, through favour or mistaken notions of kindness , shall fail to make an immediate report to the Superintendent, or other his superior officer, of any misconduct or wilful disobedience of the prison regu lations. 94. No subordinate officer shall unnecessarily converse with a prisoner, nor allow any familiarity on the part of prisoners towards himself, or any other officer of the prison ; nor shall be on any account speak of his duties, or of any matters of discipline or prison arrangement, within hearing of the prisoners. 95. Every officer who shall, contrary to orders , bring in or carry out, or know ingly allow to be brought in or carried out, to or for any prisoner, any money, clothing, provisions, tobacco, letters, papers, or other articles whatsoever ; or shall give, or cause to be given to any prisoner such articles ; shall be forthwith suspended from his office by the Superintendent, who shall report his case to the Governor that the offender may be dealt with under sections 11 and 12 of the Prisons Ordinance . 96. So far as the exigencies of the service will permit, subordinate officers shall be allowed leave on Saturday afternoon after the prisoners are locked in their cells, and on Sunday, Good Friday, Christmas Day, and Government holidays, and at other times when they can be spared. 97. Any officer, ou entering the gaol service, must understand that he may be employed in any part of the Island , wheresoever it may seem fit to the Governor to employ him. 98. No subordinate officer is to punish a prisoner, except when ordered to do so by the Superintendent . 99. Each subordinate officer will be considered on probation for the first three months of his service ; his appointment will not be confirmed at the expiration of three months unless the officer has proved himself in all respects fitted for the post. 100. Officers are forbidden to smoke or chew tobacco while on duty, and they must be careful to leave no tobacco or money lying about within reach of prisoners , or in their clothes when being sent to be washed. 101. Every subordinate officer of the gaol who shall fail to exercise a proper vigilance over the prisoners committed to his charge, or to perform any duty enforced upon him by the regulations of the prison, or shall wilfully or carelessly disobey,  ORDINANCE No. 18 OF 1885 .. 1915 Prison. neglect or evade, or permit to be disobeyed, neglected, or evaded, any rule, regulation, or order, lawfully made and provided in respect of such gaol, shall be liable to be dealt with by the Superintendent under rule No. 2. 102. The subordinate officers are expected to conduct themselves in an orderly and respectable manner at all times when off duty. 103. When on duty subordinate officers will appear neatly dressed in the uniform of the gaol. Uniform will be supplied to them half-yearly, viz. , two suits white summer clothing, with boots, helmet, and puggarees, in May ; and one cloth suit, with boots , and cap, in November. They will be supplied with an overcoat every fourth year. 104. Subordinate officers suspended from duty and afterwards restored to their situations shall not receive any pay for the time during which they shall have been suspended , unless a particular order be given for that purpose by the Governor. 105. All subordinate officers, on being relieved from any particular duty, or transferred to another part of the prison, shall point out to their successors all matters of special importance connected with their duties, and explain any directions of the Superintendent, or other superior officer, affecting any particular prisoner. 106. Any subordinate officer disabled from the regular performance of his duties by illness must report the same to the Colonial Surgeon, who will, if necessary, order his removal to the Government Civil Hospital ; and during the time he is there he will be expected to conform to the rules of that establishment, and pay such charges as may be claimed for his maintenance and treatment. 107. All officers of the prison must be men of moral principle and unblemished character. Disreputable conduct, and especially intoxication , will be visited with severity. SURGEON. 108. The Surgeon shall have the medical charge of all the prisoners in the gaol, and of their treatment when sick. He shall also give medical advice and assistance , including medicine, to the officers of the prison and their families. He shall report from time to time, as may be directed, upon the sanitary condition of the prison, and health of the prisoners and the prison officers, and in reference to any other point in connection with the maintenance of health in the prison upon which he may be directed to report. 109. The Surgeon shall visit the gaol hospital every morning (and oftener if necessary) and attend to both the complaining sick and those in hospital . He shall inspect the newly admitted prisoners and pass them for hard labour or otherwise. He shall visit the punishment cells, and see the prisoners confined therein, as also all prisoners before they are put on penal diet . 1916 ORDINANCE No. 18 OF 1885 . Prison. 110. The Surgeon shall attend without delay at the gaol at any hour on being summoned by the Superintendent, who shall be responsible for the reasonableness of the summons. 111. The Surgeon shall enter in a journal to be kept in the gaol (a.) Any observations or suggestions he may deem it important to make on the diet of prisoners not in hospital. (b.) A short daily record of any sick prisoners under his treatment, whether they are in hospital or not ; their names, nature of their complaints, and the treatment pursued. ( c.) His orders for such additional articles of food or clothing as he may deem necessary for the health of any prisoner not in hospital, and the medical reasons for such orders. Such orders shall be entered in the Superintendent's daily return , and submitted to His Excellency the Governor. 112. The Surgeon shall visit prisoners in separate cells who have given notice to the Superintendent that they are unwell and wish to see the medical officer. 113. No medicine shall be administered to any prisoner without the Surgeon's orders. 114. The Surgeon shall regulate the hours of exercise and of labour of prisoners out of health. 115. The Surgeon shall examine every prisoner on whom corporal punishment is about to be inflicted , before it takes place, and give a certificate of his fitness to receive it or not . He shall be in attendance when such punishment is inflicted. After such punishment , he shall daily attend to and examine such prisoner, until his person is quite healed. 116. The Surgeon will examine the food provided for the prisoners, and inspect every prisoner weekly, and daily when epidemic disease exists in the neighbourhood. 117. The Surgeon is to give written directions for separating prisoners having infectious complaints, or suspected of having them ; and for cleansing, disinfecting, or destroying any infected apparel or bedding. 118. The Surgeon shall report to the Superintendent the case of any prisoner about to be discharged who may be suffering from acute or dangerous disease ; in which case the prisoner shall not be discharged , unless he demand it. 119. The hospital warders shall be under the immediate orders of the Surgeon, and shall be present at such times, and perform such duties as he may require from them, consistently with their position in the gaol.  ORDINANCE No. 9 OF 1885. 1917 Prison. 120. The Superintendent shall place at the disposal of the Surgeon well conducted prisoners, who can safely be entrusted with the duty of attending upon the sick, not exceeding in number one to every ten patients . 121. The Surgeon shall report to the Superintendent any irregularity in the gaol hospital which may come to his knowledge, or any difficulty or obstruction which he may meet with in the performance of his duty. 122. The Surgeon is to examine all candidates for employment as subordinate officers or servants of the gaol, and report whether they possess the necessary qualifica tions as to health and strength . 123. The Surgeon shall take care that all medicines and stimulants are properly locked up, and are not accessible to any prisoner ; and when there is no paid dispenser, he shall issue day by day to the hospital warder all medicines and stimulants to be administered in his absence. 124. The Surgeon's Journal shall be laid before the Governor at least once in each quarter of the year, and he shall report at the same time on the condition of the prison and the health of the prisoners and officers recording any want of cleanliness , proper drainage, warmth, ventilation, or any insufficiency or bad quality of bedding, clothing, provisions or water. 125. The Surgeon shall deliver to the Colonial Secretary, as soon as possible after the close of December in each year, a report in which shall be detailed the number of sick among the prisoners during the year just closed, the mortality, the sanitary condition of the gaol, and what diseases have been most prevalent therein . He shall point out any defects in the construction or management of the gaol to which such sickness may be attributed , and also what precautions should be taken to prevent the same. THE CHAPLAINS . 126. The Chaplains shall conduct divine service with the prisoners of their res pective religions at least once on Sundays, and perform such other offices as they may think fit, and may visit each of such prisoners in his or her cell as often as they may think fit at reasonable times . To sick, dying, or condemned prisoners they shall have access at any time. 127. The same privileges shall be allowed to every recognised minister in respect of the prisoners of his own religion. 128. The Chaplains shall inform the Superintendent whenever they may observe the mind of any prisoner to be liable to be injuriously affected by any punishment awarded. 129. No prisoner shall be obliged to attend any service to which he may object on religious grounds, unless in the opinion of the Superintendent such objection is frivolous and vexatious. 1918 ORDINANCE No. 18 of 1885. Prison. 130. The Chaplains shall record their visits in the Visitors' Book, and shall notify the times of the celebration of the Holy Communion. Prisoners desiring to com municate must signify their wish to them before the time appointed . 131. The Chaplains shall, in carrying out their duties, be careful not to interfere with the established rules and regulations of the prison, or the routine of discipline and labour. 132. The Chaplains shall confer with the Superintendent on all points connected with their duty, and they shall co- operate with him, and with the other officials of the prison, in promoting the good order of the establishment, so far as concerns the duties of their office. 133. The Chaplains shall once a year present to the Governor a report of such points connected with their department as they may think it desirable to bring before him. 134. A library shall be provided for the prisoners, consisting of such books as may from time to time be approved of by the Chaplains and sanctioned by the Governor. THE VISITING JUSTICES. 135. The gaol shall be open to all Justices of the Peace. 136. Two Visiting Justices (one official and one non- official) shall, in company if possible, visit the gaol at least once a week, and on other days when their presence may be required . 137. The Visiting Justices shall inspect the prison and prisoners, and hear any complaints which may be made to them by the prisoners, and shall report on any abuses within the prison, or any repairs which may be required ; statements as to which they shall enter in the Visiting Justices' Book, with any suggestions or remarks they may wish to bring to the notice of His Excellency the Governor as to the state and discipline of the gaol. They shall pay special attention to prisoners in hospital and solitary confinement. 138. If the Superintendent shall represent to them that he has, in case of urgent necessity, put a prisoner in irons, or under mechanical restraint, and that it is neces sary that such prisoner should be kept in irons, or under mechanical restraint for more than twenty-four hours, the Visiting Justices may authorise such detention by order in writing, which shall specify the cause thereof, and the time during which the prisoner is to be kept in irons, or under mechanical restraint. 139. The Visiting Justices shall inspect the diet of the prisoners, and if they shall find that the quality of any article does not fulfil the terms of the contract they shall note the fact in their book. 140. The Visiting Justices shall also discharge such other duties as are assigned to them in the special rules for special classes of prisoners, and in the general rules.  ORDINANCE No. 18 OF 1885 . 1919 Prison. SPECIAL RULES for prisoners awaiting trial, those remanded from the Police Court, and those committed for the first time in default offinding security. 141. Such prisoners shall be kept apart from convicted prisoners and not allowed . to see them at any time. 142. Such prisoners shall not be required to take a bath on reception , if, on the application of the prisoner, the Superintendent shall decide that it is unnecessary , or the Surgeon shall state that it is for medical reasons unadvisable. 143. In order to prevent such prisoners from being contaminated by each other, or endeavouring to defeat the ends of justice, they shall be kept separate, so far as the prison accommodation will allow, and shall not be permitted to communicate together. 144. The Visiting Justices or Superintendent before granting any permission which by the following rules they are authorised or required to grant, shall satisfy themselves that it can be granted without interfering with the security, good order, and government of the prison and prisoners therein ; and if, after it has been granted , its continuance seems likely to cause any such interference, or if the prisoner has abused such permission , or has been guilty of any misconduct, the Visiting Justices shall have power to suspend or withdraw such permission, and in like circumstances the Superintendent may withdraw or suspend the same when it has been granted by himself, or suspend it when it has been granted by the Visiting Justices if the case is urgent, provided he report the case as soon as possible. 145. The Visiting Justices or the Superintendent shall, on the application of any such prisoner, if, having regard to his ordinary habits and condition of life they think such special provision should be made in respect to him, permit any such prisoner 1. To occupy a suitable room or cell specially fitted for such prisoners, and furnished with suitable bedding and other articles, in addition to, or different from those furnished for ordinary cells. 2. To exercise separately, or with selected untried prisoners, if the arrange ments and the construction of the prison permit it. 3. To have, at his own cost, the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Superintendent. 4. To be relieved from performing any menial unaccustomed work. 146. The Superintendent may modify the routine of the prison in regard to any such prisoner, so far as to dispense with any practice which, in the Superintendent's opinion, is clearly unnecessary in the case of that particular prisoner. 147. Any such prisoner who prefers to provide his own food for any meal shall give notice thereof beforehand at the time required ; but the Superintendent shall not 1920 ORDINANCE No. 18 of 1885 . Prison. permit any such prisoner to receive any prison allowance of food for the meal for which he procures or receives food at his own expense. Such prisoners shall also be allowed to wear their own clothes if sufficient and fit for use. 148. Articles of food shall be received only at hours to be fixed from time to time. They shall be inspected by the officer of the gaol, and shall be subject to such res trictions as may be necessary to prevent luxury or waste. 149. No such prisoner shall, during twenty-four hours, receive or purchase more than one pint of malt liquor, or cider, or more that half a pint of wine. 150. No such prisoner shall be allowed to sell or transfer any article whatsoever allowed to be introduced for his use to any other prisoner. 151. Such prisoner shall not be compelled either to have his hair cut, or, if he usually wears his beard, & c. , to shave, except on account of vermin or dirt, or when the Surgeon deems it necessary on the ground of health and cleanliness ; and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness . 152. The beds of such prisoners shall be made, and the rooms and yards in their occupation shall be swept and cleaned by themselves every morning subject to rule 141. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. They may be allowed the same privileges as are by rule 173 accorded to 1st class misdemeanants. Any sum earned by them will be paid to them on their discharge. 153. Every such prisoner shall be permitted to have supplied to him at his own expense such books, newspapers, or other means of occupation, other than those fur nished by the prison, as are not, in the opinion of the Superintendent, of an objec tionable kind. 154. Each such prisoner shall be permitted to be visited by one person, or, if circumstances permit, by two persons at the same time, for a quarter of an hour on any week day, during such hours as may from time to time be appointed. 155. The Superintendent may in special cases permit the visit to be prolonged, and allow more than two persons to visit the prisoner at one time. 156. Every such prisoner shall at his request be allowed to see his legal adviser (a solicitor or his clerk) on any week day, at any reasonable hour, and, if required, in private ; but if necessary, in the view of an officer of the prison. 157. Any such prisoner who is in prison in default of bail shall be permitted to see any of his friends on any week day, at any reasonable hour, for the bona fide purpose of providing bail. 158. Such prisoners may send and receive letters at all reasonable times, and paper, with other writing materials, to such extent as may appear reasonable to the  ORDINANCE No. 18 OF 1885 . 1921 Prison. Superintendent, shall be furnished to any such prisoner who requires it for the purpose of communicating with his friends, or preparing his defence. Any confidential written communication , prepared as instructions for a solicitor, may be delivered personally to him or his authorised clerk, without being previously examined by any officer of the prison ; but all other written communications are to be considered as letters, and are not to be sent out of the prison without being previously inspected by the Superintendent. 159. No such prisoner shall be compelled to attend any religious service other than his own ; but subject to these provisions he shall attend divine service on Sundays, and on other days when such service is performed, unless prevented by illness, or excused by the Superintendent for any other reasons. 160. Such prisoners shall also be subject to all general rules, except so far as the same are inconsistent with the special rules relating to such prisoners. SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS . 161. No person shall be placed in this division except as provided by statute, or by order of the Judge of Court before whom he is tried . 162. Such prisoner shall not be placed in association, or at exercise, with criminal prisoners. 163. Such prisoner shall not be required to take a bath on reception , if, on the application of the prisoner, the Superintendent shall decide that it is unnecessary, or if the Surgeon state that it is for medical reasons unadvisable. 164. Every such prisoner shall be searched only by an officer specially appointed for the purpose. 165. Such prisoner shall be placed, as soon as possible after reception , in a cell appropriated to prisoners of his class, unless there is reason to believe that he is suffer ing from some infectious disease, in which case he shall be detained in a reception- cell till he can be seen by the Surgeon. 166. Such prisoner shall at all times, except when at chapel or exercise, occupy the room or cell assigned to him. 167. The Visiting Justices or Superintendent, before granting any permission which by the following rules they are authorised or required to grant, shall satisfy themselves that it can be granted without interfering with the security , good order, and government of the prison and prisoners therein ; and if, after it has been granted , its continuance seems likely to cause any such interference, or if the prisoner has abused such permission, or has been guilty of any misconduct, the Visiting Justices shall have power to suspend or withdraw such permission, and in the like circumstances the Superintendent may withdraw or suspend the same when it has been granted by himself, or suspend it when it has been granted by the Visiting Justices if the case is urgent , provided he report the case as soon as possible. 1922 ORDINANCE No. 18 OF 1885 . Prison. 168. The Visiting Justices or the Superintendent shall, on the application of any such prisoner, if, having regard to his ordinary habits and condition of life they think such special provision should be made in respect to him, permit any such prisoner 1. To occupy a suitable room or cell specially fitted for such prisoners , and furnished with suitable bedding and other articles, in addition to, or different from those furnished for ordinary cells. 2. To have, at his own cost, the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Superintendent. 3. To have, on payment of a small sum, to be fixed by the Visiting Justices, the assistance of some person to be appointed by the Superintendent, to relieve him in the performance of any unaccustomed tasks or offices. 169. Such prisoner shall be permitted to supply his own food, on giving due notice beforehand at the time required ; but the Superintendent shall not permit such prisoner to receive any prison allowance of food at any meal for which he receives or procures food at his own expense. 170. Articles of food shall be received only at such hours as may be fixed from time to time. They shall be inspected by the officers of the prison, and shall be subject to such restrictions as may be necessary to prevent luxury and waste. 171. Any such prisoner shall not during twenty- four hours receive more than one pint of malt liquor or cider, or if an adult half a pint of wine. 172. Such prisoner shall be permitted to wear his own clothing, provided that it is sufficient, and is fit for use. 173. No such prisoner shall be allowed to sell or transfer any article whatsoever, allowed to be introduced for his use, to any other prisoner. 174. Such prisoner shall not be compelled , either to have his hair cut, or, if he usually wears his beard, &c. , to shave, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness . 175. The beds of such prisoners shall be made, and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him as [* Query: Rule provided in rule 164. * 168.3.] 176. Such prisoner shall be permitted to have supplied to him at his own expense such books, newspapers, or other means of occupation , other than those furnished by the prison, as are not, in the opinion of the Superintendent, of an objectionable kind.  ORDINANCE No. 18 OF 1885 . 1923 Prison. 177. Such prisoners may be permitted, if the accommodation of the gaol will allow, to work at their respective trades and professions . Those who find their own imple ments, and are not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings ; but the earnings of such as are furnished with imple ments, or are maintained at the prison expense, shall be subject to a deduction, to be determined by the Visiting Justices, for the use of implements, and the cost of main teuance. 178. Such prisoners shall be permitted to see their friends for a quarter of an hour on any week-day, during such hours as are appointed, they may also send and receive letters at all reasonable times , subject to rule 221. * [* This reference appears to be a mistake: see rule 158.] 179. The place in which such prisoners receive their visits shall not be the same as that in which criminal prisoners receive their visits, if any other suitable place can conveniently be provided. 180. No such prisoner shall be compelled to attend any religious service other than his own ; but, subject to these provisions, he shall attend Divine Service on Sundays, and on week-days when such service is performed , unless prevented by sick ness, or excused by the Superintendent for any other reasons . 181. Such prisoners shall be subject to any general rules, except so far as the same are inconsistent with the special rules relating to such prisoners. 182. Such prisoners shall be allowed to smoke under such regulations as may be laid down by the Superintendent. SPECIAL RULES FOR DEBTORS . 183. Debtors shall not be required to take a bath on reception , if, on the applica tion of the prisoner, the Superintendent shall decide that it is unnecessary, or if the Surgeon shall state that it is for medical reasons unadvisable. 184. Debtors shall at all times, except when at Chapel or exercise, occupy the cells or rooms assigned to them. 185. The Superintendent, before granting any permission which by the following rules he is authorised or required to grant, shall satisfy himself that it can be granted without interfering with the security, good order, and government of the prison and prisoners therein ; and if, after it has been granted, its continuance seems likely to cause any such interference, or if the prisoner has abused such permission , or has been guilty of any misconduct, he shall have power to suspend or withdraw such permission . 186. Debtors shall be permitted to supply their own food , on giving due notice beforehand at the time required ; but the Superintendent shall not permit such pri soners to receive any prison allowance of food on any day for which they receive or procure food at their own expense. 1924 ORDINANCE No. 18 of 1885 . Prison. 187. Articles of food shall be received only at such hours as may be fixed from time to time. They shall be inspected by the officers of the prison , and shall be subject to such restrictions as may be necessary to prevent luxury or waste. 188. Any such prisoner shall not during twenty-four hours receive or purchase more than one pint of malt liquor or cider, or if an adult half a pint of wine. 189. No such prisoner shall be allowed to sell or transfer any article whatsoever, allowed to be introduced for his use, to any other prisoner. 190. Such prisoner shall not be compelled, either to have his hair cut, or, if he usually wears his beard , & c. , to shave, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness. 191. The beds of such prisoners shall be made, and the rooms and yards in their occupation shall be swept and cleaned by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them. 192. Debtors may be permitted to work and follow their respective trades and professions , provided their employment does not interfere with the regulations of the gaol, and they will be permitted to have the whole of their earnings after deducting the cost of any implements which may be supplied to them , and the cost of their main tenance, if they are maintained at the expense of the prison. 193. No such prisoner shall be compelled to attend any religious service other than his own ; but, subject to these provisions, he shall attend Divine Service on Sun days, and on week-days when such service is performed, unless prevented by sickness, or excused by the Superintendent for any other reasons. 194. The place in which such prisoners receive visits shall not be the same as that in which criminal prisoners receive visits, if any other suitable place can be conveni ently provided . 195. Debtors shall be permitted to exercise during such periods of the day as the circumstances of the prison will allow, and during the same periods they shall be per mitted, if they prefer it, to associate together in an orderly manner. 196. Debtors shall be permitted to receive one visit, and also to write and receive [ See Rule 158. ] one letter in each week, subject to rule 221 ; * but they may communicate with, and receive visits from their friends and legal advisers at any reasonable hour of the day, for the purpose of arranging the payment of their debts. 197. Debtors shall also be subject to any general rules, except so far as the same are inconsistent with the special rules relating to debtors. 198. Debtors shall be allowed to smoke under such regulations as may be laid down by the Superintendent.  ORDINANCE No. 18 or 1885. 1925 Prison. GENERAL RULES. ADMISSION And Discharge. 199. No prisoner shall be admitted to the gaol unless accompanied by a warrant for his detention . 200. All prisoners shall be searched, registered, and medically examined on admission. 201. Every prisoner shall take a bath , and be shaved on reception, unless it shall be otherwise directed, in any particular case, by the Superintendent or Surgeon. 202. If any prisoner is found to have any cutaneous disease, or to be infected with vermin, means shall be taken effectually to eradicate and destroy the same. 203. Every prisoner shall be weighed on reception, and subsequently at such periods as the Superintendent and the Surgeon may appoint, and the result shall be recorded in a book kept for the purpose. 204. Every prisoner may, if required for the purposes of justice, be photographed on reception and subsequently. 205. Such of the clothing, linen, and other articles belonging to prisoners as may be retained in the prison shall, if necessary, be washed, cleaned , or disinfected, as soon as possible after they are received . 206. Such clothing shall be made into a bundle, carefully labelled with the name of the owner, and placed in store ; any money or jewellery which the prisoner may have in his possession shall also be taken from him and placed in safety until his release from gaol. A list of all his property is to be entered in a book kept for that purpose, which shall be under the superintendence of the warden. 207. As soon as possible after prisoners are admitted, the abstract of the rules relating to the conduct and treatment of prisoners shall be read over to them ; and such abstract shall all also be read and explained weekly to the whole of the prisoners . 208. Every prisoner shall have a number assigned to him, which shall be prefixed to his name in every register ; such number shall also appear on the breast of his coat, on his towel, chopstick bag if a Chinese, and cap or hat. 209. Prisoners whose discharge falls on Sunday shall be discharged on the Saturday preceding. 210. All prisoners sentenced to imprisonment for one year or more with hard labour, shall be secured by fetters of a pattern to be approved by the Governor. The fetters shall weigh 3 lbs . , and shall be secured to an iron ring on each ankle , and the chain suspended by a hook from the waist belt . 211. All such prisoners shall wear fetters notwithstanding their employment on No. 1 penal or rigorous hard labour, and on No. 2 industrial hard labour ; and if any 1926 ORDINANCE, No. 18 OF 1885 .. Prison. such prisoners are ordered by the Surgeon to industrial light labour they shall not on that account have their fetters removed, unless specially recommended by the Surgeon on medical grounds. 212. No such prisoners shall be employed on industrial light labour unless their conduct has been fairly good, and prisoners of good character only shall be employed on industrial light labour of the kinds mentioned in rule 266 No. 3 of the rules and regulations made by the Governor in Council under section 17 of The Prison Ordinance 1885, and dated the 17th December, 1887, * and when so employed may have their fetters removed, if they interfere with the prisoner's work. 213. All prisoners mentioned in the first rule when employed on industrial light labour of any other description shall wear fetters until they have earned a good character. 214. All such prisoners, when exempted from wearing fetters on any ofthe grounds aforesaid, shall on misconducting themselves, and being awarded prison punishment, again be placed in fetters and not released therefrom until they have regained a good character. 215. A prisoner shall be considered of good character who has not for three con secutive months been guilty of any prison offence, but a trivial offence for which a prisoner has been cautioned or admonished but not punished , shall not be taken into account in considering the good character of the prisoner. 216. Prisoners sentenced to less than one year's imprisonment with hard labour shall wear an iron ring on one ankle without other fetters. 217. All prisoners convicted of returning from banishment shall wear fetters during the whole period of their imprisonment. CLEANLINESS. 218. The weekly shaving of the Chinese prisoners shall be done according to such. regulations as shall be established from time to time. The razors shall be always under the charge of the officer of the ward or yard, and he shall take care they are withdrawn immediately the prisoners have finished them. Prisoners of very filthy habits are to be brought to the notice of the Superintendent. 219. The queues of Chinese prisoners sentenced to penal servitude may be cut off, and their hair kept cut close until within six months of their release ; the queues may also be cut off short-sentenced prisoners if the Surgeon should consider it necessary for the purpose of health or cleanliness ; but such prisoner shall be allowed to appeal to the Governor against it. No queue is to be cut under any circumstances without the special permission of the Governor. *NOTE.- The reference to the rules ofthe 17th December, 1887, appears to be a mistake : see rule 281 No. 3 of these rules.  ORDINANCE No. 18 of 1885 . 1927 Prison 220. The hair of European prisoners shall be cut to such moderate length as health or cleanliness may require. 221. Every prisoner shall wash his face and hands daily, and shall take a bath once a week. 222. Prisoners shall keep their cells, utensils, clothing, and bedding clean and neatly arranged ; and shall clean and sweep the yards, passages, and all other parts of the prison as may be directed. CLOTHING, BEDDING , FOOD. 223. The whole of the Chinese prisoners' clothing, and the under-clothing of the European prisoners shall be changed weekly. 224. Every prisoner shall sleep in a cell by himself, if the accommodation of the gaol will permit it, or, under special circumstances, in a cell with not fewer than two other prisoners . 225. The clothing of prisoners sentenced to penal servitude may be given to their friends, with the exception of one suit, which will be sold or otherwise disposed of by the Superintendent, in order to recoup the Government for the expense of providing a suitable suit of clothes for the prisoner on his discharge. 226. Such additional clothing and bedding may be issued, during severe weather, or in special cases, as the Surgeon may deem requisite. 227. A prisoner who has any complaint to make regarding the diet furnished to him , or who wishes his diet to be weighed to ascertain whether he is supplied with the authorised quantity, must make his request immediately it is handed to him, and it will be weighed in his presence, and in that of the officer deputed for that purpose ; but frequent and groundless complaints will be treated as breaches of gaol discipline and punished accordingly. 228. For not more than ten days in each month , for the first six months of his imprisonment, each European and American prisoner shall be fed on penal diet, viz . , bread and water, with half a pound of rice at midday, and for Chinese and Indians rice and water only. 229. The days on which a prisoner will be on penal diet will not be continuous , but divided into periods of not more than five days at a time, and no prisoner on penal diet will be put to hard labour. 230. As regards the food of Indian prisoners, the best possible arrangement is to be made, so that they may not be forced to choose between loss of food and loss of caste. 231. European and American prisoners whose sentences do not exceed five days will be put on penal diet, those with sentences of six to fourteen days will receive two pints of gruel daily in addition. 1928 ORDINANCE No. 18 of 1885 . Prison. -- 232. Till further order reduced penal diet is to be supplied to : 1st. Felons, whom the Superintendent may have reasonable grounds for supposing to have been previously imprisoned for felony. 2nd. Chinese and Indian prisoners sentenced to fourteen days and under ; and 3rd. Prisoners who may be reported for breaches of gaol regulations (at the discretion of the Superintendent ) . CLASSIFICATION. 233. Prisoners will be classified for location, and the classes will be kept separate from each other so far as the accommodation of the gaol will permit, as follows : -- (1. ) Males, Hard labour prisoners : First conviction . Ditto. With two or more convictions. Prisoners unable to find security for their good behaviour. Prisoners confined as suspicious or dangerous characters . Debtors and first class misdemeanants. On remand and waiting trial : First conviction. On remand and waiting trial : With two or more convictions . Prisoners sentenced to short terms of imprisonment, not exceeding fourteen days : First conviction . Prisoners sentenced to short terms of imprisonment, not exceeding fourteen days : With two or more convictions. Boys under sixteen years of age : First conviction . Boys under sixteen years of age : With two or more convictions . (2. ) Females, Hard labour prisoners : First conviction . Ditto. With two or more convictions. Prisoners unable to find security for their good behaviour . Prisoners confined as suspicious or dangerous characters. Debtors and first class misdemeanants . On remand and waiting trial : First conviction. On remand and waiting trial : With two or more convictions. Prisoners sentenced to short terms of imprisonment, not exceeding fourteen days : First conviction . Prisoners sentenced to short terms of imprisonment, not exceeding fourteen days : With two or more convictions. Girls under sixteen years of age : First conviction . Girls under sixteen years of age : With two or more convictions .  ORDINANCE No. 18 OF 1885 . 1929 Prison. All officers of the prison must, as far as lies in their power, endeavour to carry out this rule, bearing in mind that the object of classification is to prevent the contamination by depraved prisoners of prisoners not so depraved ; and to attempt to ensure that a prisoner shall go out of prison not worse than he came in . VISITS AND COMMUNICATIONS TO PRISONERS , &c. 234. Convicted prisoners, with the exception of those heretofore mentioned, after they have served the first three months, will be permitted to write and receive one letter every three months ; but the Superintendent may permit any prisoner to write a special letter, or to see his friends, immediately after conviction, if for the purpose of making arrangements respecting his property, & c. 235. All letters to and from prisoners are to be read by the Superintendent , and shall be forwarded or kept back according to the nature of their contents. Events of importance to prisoners may be communicated to them at any period by the Super intendent. 236. The privilege of writing and receiving letters may be postponed or forfeited by misconduct, if so ordered by the Superintendent ; but no such order shall be made for a period longer than one month from the time of the prisoner's last report. 237. Convicted prisoners, with the exception of those heretofore mentioned , shall be allowed, after the first three months, to see their relations or friends once in three months, unless such visits are + prohibited by the Superintendent for misconduct ; but no prohibition shall be made for a period longer than one month from the time of the prisoner's last report. 238. The days and hours for visits to the prisoners shall be fixed by the Superin tendent, and shall be publicly notified at the gates of the prison. 239. If any prisoner is committed to prison in default of the payment of any sum which, in pursuance of any conviction or order, he is required to pay, such prisoner shall be allowed to communicate by letter with and to see any of his friends at any reasonable time, for the bona fide purpose of providing for the payment which would procure his release from prison. 240. In case of very serious illness prisoners will be allowed to see their relations, if not objected to on medical grounds. 241. The visits of prisoners' friends will in no case be allowed to exceed fifteen minutes, and will always be made in the presence of an officer of the prison. 242. Officers of Police may visit prisoners for the purpose of identification, on production of an order from the Police, or with magisterial authority. 243. Officers of the law, with competent warrants, or orders for serving writs or other legal process on persons within the prison , shall be admitted into the prison for that purpose. 1930. ORDINANCE No. 18 OF 1885. Prison. 244. All prisoners may petition the Governor once shortly after conviction if they wish, but not afterwards unless there are any special circumstances which the Superin tendent may consider should be brought to the notice of the Governor, or unless such prisoner has been over one year in gaol. 245. No visitor shall be admitted until he has given his name and address, and stated his relationship to or connection with the prisoner he wishes to see, if any ; and these particulars shall be duly recorded . 246. No visits shall be made on a Sunday except in cases of emergency. 247. Prisoners sentenced to penal servitude who have served two years, and are six months clear of report, may receive a visit every two months, and write and receive one letter every two months. 248. The prisoners shall be locked in their cells, at the discretion of the Superin tendent, on Sundays and other days when they are doing no labour ; care being taken that they have at least one hour's exercise daily. 249. Prisoners sentenced to fourteen days and under will be locked in their cells during the whole of their sentence, with the exception of one hour's daily exercise . 250. Prisoners detained as dangerous or suspicious characters, with previous con victions, who cannot find security, shall be locked in their cells. They shall keep their cells and cell utensils perfectly clean at all times, and shall have one hour exercise daily. 251. Male and female prisoners shall always be so confined as to prevent the former from seeing, conversing with, or holding any intercourse with the latter. 252. A light shall be kept burning constantly throughout the night in every ward or division of the gaol in which prisoners shall be confined , but such light shall not be placed within reach of the prisoners. WOMEN. 253. No male subordinate officer shall enter the women's prison , unless ordered there specially by the Superintendent or warden , or summoned by the matron for the purpose of quelling a disturbance, or of giving other assistance. 254. So far as practicable, female prisoners shall be divided into classes , and separated similarly to the male prisoners. 255. They shall keep their cells, yard, and wards perfectly clean at all times. 256. Authorised interviews between female prisoners and their friends must take place in the presence of the matron or other officer of the prison. 257. Female prisoners shall be employed at No. 2 hard labour with regard to washing their own clothes, and at No. 3 light labour.  ORDINANCE No. 18 OF 1885 . 1931 Prison. 258. The child of a female prisoner may be received into prison with its mother, provided it is at the breast ; and any such child shall not be taken from its mother until the Surgeon certifies that it is in a fit condition to be removed. 259. Such child may be supplied with such diet and clothing as may be necessary, at the public expense ; but, except under special circumstances, no such child shall be kept in prison after it has arrived at the age of twelve months. PRISONERS UNDER SENTENCE OF DEATH . 260. In all cases when sentence of death has been passed on a prisoner, the warden shall cause him to be thoroughly searched , and shall remove from him any article which it is considered dangerous or inexpedient for him to retain in his possession. 261. Every prisoner sentenced to death shall be confined in some safe place within the prison, apart from all other prisoners, and shall be placed under the constant charge and observation of an officer of the prison, both by day and night. 262. The cell or room in which a prisoner condemned to death is placed shall be previously examined by the Superintendent, who is to satisfy himself of its fitness and safety, and record the result of his examination in his journal. 263. The prisoner may be visited by his relations, friends, and legal advisers, at his own request ; no other person shall have access to him except the officers of the gaol, and, if required by him, a minister of the religion to which the prisoner belongs. 264. All executions are to take place at the time appointed by the Governor. The Superintendent of the gaol will be present and superintend every execution. 265. If any person make it appear to a Justice of the Peace that he has important business to transact with the prisoner, such Justice may grant permission in writing to such person to have a conference with the prisoner. 266. During the preparation for an execution , and the time of the execution , no person shall enter the prison who is not legally entitled to do so, unless in pursuance of an order in writing from the Superintendent. The officers superintending the execution shall, if possible, be decently clothed in black. PRISON OFFENCES AND PUNISHMENTS. 267. No prisoner shall be punished under the provisions of the Prisons Ordinance of 1885, either by the Superintendent or by the Superintendent in conjunction with a Visiting Justice, until he has had an opportunity of hearing the charges and evidence against him, and of making his defence. 268. Prisoners are bound to obey the orders of the Superintendent, warden, and of the subordinate officers who shall be placed over them from time to time. 1932 ORDINANCE No. 18 OF 1885 . Prison. 269. Prisoners are strictly forbidden to have in possession, or to attempt, to receive money, tobacco, opium, flint, steel, iron, implements, string, immoral books , or any articles not allowed to them by the rules of the prison, or permitted by the Superintendent, and they are not to conceal any articles of food about their persons , or in any ward or cell. 270. No punishment or privation of any kind shall be awarded except by the Superintendent or by the Superintendent in conjunction with a Visiting Justice. 271. The following acts are declared to be offences against prison discipline : 1. Disobedience of the regulations of the prison by any prisoner. 2. Common assault by one prisoner on another. 3. Profane cursing and swearing, and obscene language by any prisoner. 4. Indecent behaviour by any prisoner. 5. Insulting or threatening language by any prisoner, to any officer or pri soner. 6. Idleness or negligence at work by any convicted criminal prisoner. 7. Wilful mismanagement of work by any convicted criminal prisoner. 8. Disorderly conduct by any prisoner. 272. All the above acts are declared to be offences against prison discipline, and it shall be lawful for the Superintendent to examine any prisoner touching such offences, and to punish them by ordering any offender to be kept in a punishment- cell for not more than three days, on bread , or rice and water, or he may deprive a prisoner of his pork for not more than four meals at one time. 273. The Superintendent may deprive any prisoner of his evening meal for persistent and aggravated idleness , or refusal to labour. 274. The Superintendent may restrain in cross irons of ten lbs. weight, or less, or in handcuffs, any disorderly or violent prisoner for not longer than twenty -four hours at one time ; if a longer period than twenty-four hours is required a written order must be obtained from one of the Visiting Justices for the week, who shall at once attend and investigate the case. In case of emergency however the Superintendent may on his own responsibility impose the restraints provided by this rule for such period as may seem necessary, obtaining the presence of one of the Visiting Justices for the week as soon as possible. The order of such Justice, made on investigation of the case, shall indemnify the Superintendent. 275. If any male prisoner is guilty of any of the following offences, viz. : Mutiny or open incitement to mutiny in the prison , personal violence to any officer of the prison, aggravated or repeated assault on a fellow prisoner, repetition of threatening language to any officer or prisoner, and any act of insubordination requiring to be suppressed by extraordinary means, the Superintendent shall have the power to sentence the said prisoner to corporal punishment not to exceed twelve strokes of the rattan.  ORDINANCE No. 18 OF 1885. 1933 Prison. It shall be the duty of the Superintendent to report at once to the Governor every case of his exercising the power conferred on him by this section . 276. If any criminal prisoner is guilty of any offence, or of a breach of gaol regulations or discipline, for the due punishment of which the Superintendent of the gaol may deem the powers vested in him insufficient, it shall be lawful for such Super intendent, in conjunction with a Visiting Justice, after enquiry, to punish such prisoner by close or solitary confinement on bread, or rice and water, for a period not exceeding fourteen days or in the case of a male prisoner, by personal correction not exceeding thirty-six strokes if an adult, nor twelve if a juvenile. 277. No dietary punishment shall be inflicted on any prisoner, nor shall he be placed in a punishment- cell, nor shall corporal punishment be inflicted on him, unless the Surgeon shall certify that such prisoner is in a fit condition of health to undergo such punishment . 278. The following offences committed by male prisoners will render them liable to corporal punishment 1st. Mutiny, or open incitement to mutiny in the prison ; personal violence to any officer of the prison ; aggravated or repeated assault on a fellow pri soner ; repetition of insulting, or threatening language to any officer or prisoner. 2nd. Wilfully and maliciously breaking the prison windows, or otherwise de stroying the prison property . 3rd. When under punishment, wilfully making a disturbance tending to inter rupt the order and discipline of the prison , and any other act of gross mis conduct, or insubordination, requiring to be suppressed by extraordinary means. 279. Corporal punishment shall be inflicted on the breech, with a rattan of a pattern to be approved by the Governor on the recommendation of the medical officer. 280. No prisoner who shall be sentenced to solitary confinement by any Court will be kept in such confinement more than seven days without an interval of one day out. EMPLOYMENT OF PRISONERS . CLASSES OF LABOUR. 281. No. 1. - Penal or rigorous hard labour. ( 1.) Shot drill and stone carrying in alternate spells of half an hour each , weight of shot 24 lbs., weight of stone 45 lbs. (2.) Crank labour in a separate cell, task, 12,500 revolutions daily, ( 12lbs. test) . (3.) Treadwheel. 1934 ORDINANCE No. 18 OF 1885. Prison. No. 2.- Industrial hard labour. (1.) Employment on public works outside the gaol. Crank labour in a separate cell, task, 10,500 revolutions daily, ( 12 Hbs. test) . (2.) Combinations of shot drill and oakum picking, b. Combinations of stone carrying and oakum picking , tb. Combinations of crank labour 6,000 rev. ( 12 lbs . test), oakum picking, b. (3.) Washing clothes in the gaol, making coir matting and heavy coir mats. No. 3. -Industrial light labour. ( 1. ) Ironing and mangling clothes. (2.) Making frame, coir, and grass mats . (3.) Carpentry, Coopering, Tinsmith's work. (4.) Tailoring, Cooking, Cleaning, Printing, Hospital Attendance, &c . (5.) Oakum picking ( 1 lb.). PENAL SERVITUDE PRISONERS. [ See Ordinance. 282. Where separate confinement is not possible, prisoners sentenced to penal No. 10 of 1887.] servitude will pass the first six months of their imprisonment at No. 1 penal labour, after which they will be employed for the remainder of their imprisonment at No. 2 industrial hard labour, either inside or outside the gaol ; but principally on public works. 283. Prisoners sentenced to penal servitude whom the Surgeon excuses will be employed on industrial hard or light labour as he may direct. HARD LABOUR PRISONERS. 284. Every male prisoner of sixteen years of age and upwards whose sentence is three months hard labour and under, but more than fourteen days, shall pass the whole of his imprisonment at No. 1 penal labour. 285. Every male prisoner of sixteen years of age and upwards sentenced to hard labour shall be kept at No. 1 penal labour for the first three months of his sentence. At the expiration of that term he shall, if he has conducted himself fairly well, be placed at No. 2 industrial hard labour. 286. Every male prisoner under the age of sixteen years sentenced to hard labour shall be kept for the first three months of his sentence at No. 2 hard labour. 287. When a prisoner sentenced to hard labour has been three months at No. 2 industrial hard labour, he shall, if his conduct has been good, be placed at No. 3 industrial light labour. 288. All hard labour prisoners who shall be excused by the Surgeon will be employed at either industrial hard or light labour as he may direct.  ORDINANCE No. 18 of 1885 . 1935 Prison. 289. European prisoners will not be employed at stone carrying, but will perform the combination of shot drill and oakum picking instead . 290. If a male prisoner shall misconduct himself, the Superintendent may either keep him at No. 1 penal labour for any extra term not exceeding three months at any one time, or he may send him back from the second class or third class for the same term 291. The hours of labour will not be less than six or more than ten daily, exclusive of meals. 292. No work shall be done beyond what is necessary on Sunday, Good Friday Christmas Day, or Chinese New Year's Day. 293. Jewish prisoners shall not be compelled to work on Saturdays if they claim. exemption, but shall be kept in separate confinement on that day and Sunday . They may also keep such other festival days as may be from time to time allowed by the Governor. 294. Indian prisoners are not to be put to any labour which may really cause them loss of caste. 295. Convicted criminal prisoners not sentenced to hard labour will be emyloyed at No. 3 light labour. 296. As soon as the gaol accommodation shall permit of it, prisoners committed to gaol for breaches of naval and military discipline shall be kept separate from civil prisoners. RULES FOR THE MANAGEMENT OF PRISONERS ON PUBLIC WORKS. PRISONERS. 297. The prisoners shall be divided into parties not exceeding sixteen men and each party shall be known by a number. 298. Each party shall be under the charge of an assistant turnkey armed with a short sword for his defence, who shall have the number of his party on a badge affixed to his left arm ; and the whole of the parties shall be under the charge of a head turnkey armed with sword and revolver, who shall be assisted by a turnkey armed in the same manner. 299. The prisoners will work in coupling chains of about twelve feet long, fastened by means of anklets and padlocks. 300. If the work is near the gaol, the prisoners shall be marched in to their mid day meal at noon , but if at too great a distance from the gaol , the meal will be sent to them. 1936 ORDINANCE No. 18 OF 1885 . Prison. 301. The prisoners will breakfast at about 6.20 A.M. , and leave the gaol for their work at about 7 A.M., rest one hour for their mid-day meal from 12 to 1 , and knock off work in the afternoon so as to reach the gaol at 5 P.M. (nine hours daily, including marching in and out) . 302. On Saturdays, the prisoners will work until noon . 303. Their mid - day meal will consist of 1 pint of rice congee thickened with cheap meat. 304. Any prisoner with a longer sentence than eight years may be kept at work within the prison until he has served one-third of such sentence. OFFICERS . 305. In addition to the head turnkey in charge of the prisoners, the turnkey to assist him, and the assistant turnkeys in direct charge of the parties, three or four Sikh guards shall be posted in conspicuous positions round the works, armed with loaded rifles, to prevent escapes . 306. The head turnkey will be continually on the alert during the day, repeatedly visiting the parties in his charge, and ascertaining that all is correct or otherwise. He will take discreet measures to prevent the escape of prisoners, and to effect their recap ture if they are successful in escaping. He will carefully observe the officers under his charge, and report weekly to the Superintendent of the Gaol on their efficiency in the management of their parties. He will enter in a book the number of parties, number of prisoners, and the names of the officers under his charge, with the name of the district where working, and the description of labour. He will be responsible to the Surveyor General for all the tools used by the prisoners . He shall on no account allow people to loiter near the prisoners while at work, or to converse with the officers . 307. The turnkey shall consider himself to be under the command of the head turnkey, and shall assist him in the performance of his duties. He shall move about continually among the parties, keeping a watchful eye on both officers and prisoners. When needed he shall take charge of detached parties, and shall at such times use great discretion in the disposal of his officers so as to prevent the escape of any prisoners, remembering that their safe custody should be his first care. 308. The assistant turnkeys in charge of parties must remember always that the safe custody of the prisoners is their first care. They shall therefore place themselves when on the works so as at all times to command a good view of their men ; they shall repeatedly count their prisoners during the day, and never turn their backs towards them, and shall on no account use a spade, pick, or any other tool, so as to place them selves at a disadvantage with regard to the prisoners . 309. The assistant turnkeys shall be careful to ascertain that the anklets, chains, and padlocks are in proper order, and shall minutely examine them before leaving the gaol, when knocking off work for the mid- day meal, and before returning to the gaol in the evening.  ORDINANCE No. 18 OF 1885 . 1937 Prison. 310. In the event of a prisoner's attempting to escape, the officer in charge of his party will blow his whistle to attract the attention of the other officers, and will then fall-in the remaining prisoners of his party and await instructions from the head turnkey. 311. The head turnkey, the turnkey, and the Sikh guards will not fire at an escap ing prisoner unless his escape cannot be prevented by any other means ; and even then will only endeavour to disable him, remembering that loss of life is to be avoided if possible. 312. The assistant turnkeys will keep a book in which they will enter the numbers , names , and sentences of the prisoners of their respective parties, making special re marks as to the industry of each prisoner, and they will be responsible to the head turnkey for the tools used by their parties. REMISSION OF SENTENCES, AND REWARDS UNDER THE MARK SYSTEM . 313. The time which every prisoner with a sentence of twelve months and upwards must pass in prison will be represented by a certain number of marks, which he must earn by actual labour performed before he can be discharged. 314. No remission will be granted for conduct. It is only on condition of good conduct and strict obedience that prisoners are allowed to earn by their industry a remission of a portion of their sentence. If, therefore, their conduct be indifferent or bad, they will be liable to be fined a certain number of marks, according to the nature and degree of the offence, and will then forfeit by misconduct the remission which they have earned by their industry. 315. The marks will be given according to the following scale (a.) 6 marks a day for zealous and steady hard labour. (b.) 5 marks for a less degree of industry. (c.) 4 marks for a moderate day's work. 316. The prisoner's marks will commence at the termination of the penal stage. 317. On the admission of a prisoner with a sentence of twelve months and up wards, such sentence will be reduced to days, which will be multiplied by four, thus giving the number of marks he is compelled to earn before his discharge ; thus, take the twelve months sentence, 365 days multiplied by four will give 1,460, the number of marks he must earn at the rate of four a day to complete the whole of his sentence. 318. If by his industry the prisoner gains six marks a day, and does not lose any for misconduct, he earns the full remission of one- third allowed by the Governor. 319. On Sundays marks will be allowed for conduct alone. Except under special circumstances where injury has accidentally resulted while on prison work, a prisoner will get only five marks a day during the time he is in hospital. Prisoners on light labour by order of the Surgeon will not get more than five marks a day. 320. Prisoners who by their misconduct forfeit the whole of their remission, will be liable to be kept in separate confinement during the last 6 months of their sentence. 321. The prison officers will be supplied with books in which they will enter each evening the marks each prisoner has earned during the day. 1938 ORDINANCE No. 18 OF 1885 . Prison. 322. When a prisoner is sentenced to forfeit any marks which he has gained, the sentence should state the exact number of marks he is to lose, as, to forfeit six marks. 323. Extra marks may be given by the Governor, on the recommendation of the Superintendent, for special services such as : (a.) Giving information of plots. (b.) Protecting gaol officers or prisoners from attack, or protecting them from imminent danger. (c.) Preventing escapes, fires, & c. (d.) Preserving order in case of disturbance. 324. Marks will be forfeited by prisoners for misconduct according to the punish ment inflicted, generally at the rate of 8 Marks for one day solitary confinement on bread or rice and water, 6 99 for one day bread or rice and water, 6 99 for one day reduced penal diet, 6 "" for one meal stopped, 4 "" for one pork ration stopped , 4 99 for one meal bread or rice and water, 72 27 for a flogging. 325. If a prisoner is reconvicted before the period of his remission has expired, he will be allowed to earn only five marks a day instead of six, and if he is reconvicted twice before the expiration of the period of remission , he will be allowed to earn no remission. 326. All convicted criminal prisoners with sentences of twelve months and upwards who shall be employed at remunerative labour, will be allowed to earn a small gratuity at the rate of one cent for every six marks, but the whole gratuity for any one prisoner is not to exceed $ 10 . Such gratuity shall be paid at the time of discharge . In for feiting marks for misconduct the proportionate amount of gratuity will also be for feited. 327. Convicts will not be allowed to earn any gratuity until they have served the first six months either in separate confinement or at No. 1 hard labour. 328. The name of every convict under a life sentence who has served fifteen years of his sentence, or having served ten years of his sentence has attained or is believed in the absence of positive evidence to have attained the age of sixty, shall be submitted for the consideration of the Governor in Executive Council. This rule will be communicated to every such convict now in prison, and to any other on first reception into prison, but each must be made to distinctly understand that such submission in no way implies that any remission of sentence will necessarily be granted . SEPARATE CONFINEMENT. 329. Where the gaol accommodation admits of it, all male penal servitude pri soners shall be required to pass the first six months of their imprisonment in separate confinement.  ORDINANCE No. 18 of 1885 . 1939 Prison. 330. Penal servitude prisoners will be allowed one hour daily to exercise in the open air under the supervision of an officer, who will see that the prisoners do not con verse together, either in going to the yard, while at exercise, or in returning to their cells. 331. Such prisoners are to keep their cells and utensils perfectly clean at all times , and will be employed at crank labour, picking oakum, making or mending clothes, shoe making or mending, & c. 332. Such prisoners shall on no account communicate or hold conversation with any other prisoner, but shall at all times observe the strictest silence. 333. Such prisoners shall be permitted to write a letter on admission , if they wish it, to inform their friends of their whereabouts ; but, with this exception they shall not write or receive a letter, or receive a visit during the six months of their separate confinement. 334. Felons, whom the Superintendent may have reasonable grounds for suppos ing to have been previously imprisoned for felony, when sentenced to terms of hard labour will be required to pass a certain time in separate confinement from one to six months according to the number of their previous convictions, and their conduct while in gaol. 335. Violent and disorderly prisoners may be placed in separate confinement at the discretion of the Superintendent for terms not exceeding seven days at one time. 336. SCALE OF DIET FOR EACH EUROPEAN OR WHITE PRISONER. Dietaryfor each European or White prisoner in Victoria Gaol, Hongkong. FULL DIET. Bread ,. .... .... 6 oz. Gruel ,....... Sunday, Tuesday, Thursday, Saturday . 1 pint BREAKFAST , ...... Bread, ........ 6 oz . Cocoa, ....... ... font Monday,Wednesday, and Friday. ...... Bread,.. .... 4 oz . Potatoes,. .10 oz . Meat, ..... 6 oz . Monday, Wednesday, and Friday. Soup, 1 pint Bread,........ 4 oz . DINNER, ...... Soup, 1 pint Tuesday, Thursday, and Saturday. Suet Pudding, ... 1 b. Bread,.. ... 4 oz. Rice, (common) , 8 oz. Fish, ........... .12 oz. Sunday. Curry Stuff, 71drs. J Bread, ....... 6 SUPPER, ... Gruel,........ ... 1 pint }Daily. It is understood that these measures are for uncooked provisions , except in the case of made- up articles of diet; and meat is understood to be with out bone. 1940 ORDINANCE No. 18 OF 1885 . Prison. SOUP.-Each pint to contain 4 oz. Meat without bone, 1 oz. Onions, 1 oz. Barley , 4 oz. Greens, Yams, Sweet Potatoes or Taro, with Pepper and Salt. - GRUEL. Each pint to contain 2 oz. Oatmeal, 1 oz. Molasses, and sufficient Salt. Cocoa. ―――――― Each pint to contain oz. Flake Cocoa or Nibs, 1 oz. Molasses or Sugar. SUET PUDDING . - To every pound 1 oz . Suet, 61 oz . Flour, 8 oz. Water. CURRY STUFF . - Chillies 3 drs. , Pepper 1 dr., Turmeric dr. , Coriander Seed dr. , Cummin Seed & dr. , and Oil oz. TEA.-Each pint to contain oz . Tea, oz . Sugar. Daily Ration for each European or white debtor and First-class Misdemeanant. Bread, 1 b. 4 oz. Beef, Mutton or Pork, without bone (6 days a week) , ………………. 8 oz . Fresh Fish (once a week), 14 oz. Beef for Soup, 8 oz . Potatoes (3 days a week) ,…………………. 8 oz. Vegetables (3 days a week),.. 8 oz . White Rice (1 day), ...... 8 oz. Suet Pudding (once a week) , 1 b. Oatmeal for Gruel (once a week) , 2 oz. Tea, 1 oz . Sugar, 2 oz. Salt (fine), 202. Curry Stuff (once a week), 7 dr. Soup, Suet Pudding , and Curry Stuff to be made as in recipe for other pri soners, except that Beef, 8 oz., is allowed in this class. Ordinary penal diet for each European or white prisoner. BREAKFAST .- Bread ,..... 8 oz. DINNER.-Rice (common) , 8 oz. Salt (fine), .... 1 oz. SUPPER. -Bread, ...... 8 oz. NOTE. Any prisoner sentenced to more than 5 days' penal diet have one pint of gruel at breakfast and supper.  SCALE DIET OF CHINESE FOR COLOURED PRISONER .AND S CLASS COMMON CHUT PRISONERS .OF OIL S V RESH ALT FEGETABLES .FISH SALT .TEA REMAR . KS RICE . NEY . 1. senten with prisoners Male { 0,42. 3 ,.oz l1b. 6 ,.o z memand 6 over ces ,r onths o 1bz t.8 d 3 aays d 2 aays 2 a days oz .11 oz . . oz and for trial , w . eek w . eek we . ek ……………………....... prisoners Male 2. with senten of ces 4z ,.o 02. ,2 t,.1b months 6 under ,and but over o 1bz t.O d 3 aays d 2aays d 2ays a 1z .o . oz oz . 14 days , ………………….. Female 3. prisoners w . eek .week week . with sen 14 over tences ,and days { o ,.4z .2z ,o t1., b 16 senten with boys under b o4 .1z d 3 aays d a 2ays d 2 aays o 1. z .oz o z above m 6onths ,ces w. eek we . ek .week ……………. ,alass Debtors -c4. first mis nd .6z ,o o ,.4z .1b oz 1 lo 6 z ., b. demeanants o1 . z0 alternate alternate 1z .o oz . . oz daily ozork 4 .p , daily . da . ys da . ys Prison. 5. Pena diet ,• l l18b. .oz …………….. ... ... . oz Redu 6. pena diet ,. lced 2 .o t1bz ... ... ... ... ... ... ... . oz Puni 7. diet , shment 12 .oz ..... ... ... ... . oz ⠀⠀⠀ ⠀⠀⠀ ⠀⠀⠀ represents above The quantity the two m ,for meals evening and 2 .o bezorning f deducted will rice prisoner each from in 1a No. nd ORDINANCE No. 18 OF 1885 . made 3 into 1p dto is nd congee which of aint served be -atay .mid sentenced prisoners Chinese to servitude penal will 4 .p o w ,a have ork znce they the eek fter served m 6 first aof onths their imprisonment Pto risoners sentenced penal servitude excused who are labour hard Surgeon the placed and 3 No. on lby .notight will allowed pork e ,bexcept when ordered special in cases by Surgeon .the Prisoners on works public receive will same the as diet servitude prisoners W employed .penal at hen places drinking where liable pint-w each water drainage pollution ,t supplied be may with congee rice ;1to odrink water .of ater isfzhey 1941 1942 ORDINANCES Nos. 18 AND 19 OF 1885. Prison. Cattle Disease. NOTE.--For rules, regulations, orders in Council under this Ordinance which have been superseded, cancelled or repealed, see infrà. General rules and regulations under sec. 6 ofOrdinance 10 of 1858 and section 17 of the above Ordinance of the 18th November, 1885, see Gazette 21st of same month. Order altering scale of diet for Chinese, and coloured prisoners under section 17 of the 10th February, 1886, Gazette 13th of same month. Order altering scale of diet for Chinese, &c., under section 17 of the 25th June, 1886, Gazette 26 of same month. Additional rule under section 17 of the 14th January, 1887, Gazette 15th of same month. Rule altering scale of diet for Chinese, etc., of the 14th January, 1887, Gazette 15th of same month. General rules and regulations under section 17 of the 17th December, 1887, Gazette 24th of same month. Additional rules and regulations under section 17 of the 13th June, 1882, (Fetters,) Gazette 22nd of the same month. No. 19 of 1885. An Ordinance entitled The Cattle Disease Ordinance, 1885 . [ 18th November, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BR Council thercof, as follows : Proclamation 1. Whenever it is made to appear to the Governor in Council that cattle disease ofOrdinance. prevails in this Colony, or that there is immediate danger of cattle disease being introduced into the Colony, the Governor in Council may declare by proclamation to be published in the Gazette that the Colony shall be subject to the following provisions of this Ordinance, and every such proclamation shall remain in force until cancelled by a further order of the Governor in Council published in the Gazette. Orders by 2. At any time and from time to time while a proclamation made under section Governor in Council. 1 of this Ordinance is in force the Governor in Council may make and when made , ― alter, add to, or revoke orders in respect of the following matters : (1.) Prohibiting the importation or landing of cattle, otherwise than at such times and places, and subject to such conditions regarding inspection, isolation and subsequent disposal as may be prescribed by such orders.  ORDINANCES Nos. 19 AND 20 OF 1885. 1943 Cattle Disease. Administration of Passengers' Estates. (2.) Prohibiting the keeping or having or moving about or selling or [See order in Council 18th slaughtering of any cattle, or the sale of milk or meat or animal November, 1885.] refuse of any kind otherwise than subject to such conditions as may be prescribed by such orders. (3.) Authorizing inspectors of markets, or any other officers that may be specified in such orders for the purpose to destroy or to isolate and keep under observation any cattle that may appear to them to be or to be reasonably suspected of being infected or to have been in contact or in the same herd with cattle affected with disease. 3. The Governor in Council may at discretion pay out of the public revenues fair Compensation. compensation for the destruction of any cattle which are destroyed under the provisions of this Ordinance and which are proved to the satisfaction of the Governor in Council to have been actually in the Colony at any time when the provisions of this Ordinance are brought into force. 4. Any person who impedes an inspector of markets or any other officer appointed Penalties. under this Ordinance to carry out the orders made by the Governor in Council under this Ordinance or does anything in contravention of any of such orders shall be liable on summary conviction thereof before a Magistrate to a penalty not exceeding $200, or to imprisonment with or without hard labour for a term not exceeding 6 months. In this Ordinance " cattle " means bulls, cows, oxen , heifers, calves, and buffaloes. " Disease " means contagious pleuro- pneumonia. [ Repealed by Ordinance No. 17 of 1887.] NOTE. -For orders in Council under this Ordinance, see infra. Order as to prevalence of cattle disease of the 18th November, 1885, (Gazette 21st of same month.) Order as to importation of cattle &c. , of the 18th November, 1885, (Gazette 21st of same month.) Order as to importation &c. , of 16th July, 1886, (Gazette 17th of same month.) No. 20 of 1885. An Ordinance to amend Ordinance 8 of 1860 . [ 11th December, 1885. ] BE it enacted by the Governor of Hongkong, with the advice of the -- Legislative Council thereof, as follows : 1. Ordinance 8 of 1860 is hereby amended by adding after section Amending Ordinance 46 the following section . 8 of 1860. 1944 ORDINANCE No. 20 of 1883 . Administration of Passengers' Estates. 47. The following special provisions shall regulate the administra tion of the estates of passengers who die at sea in the course of a voyage to Hongkong on board of any ship which afterwards arrives in Hongkong. 1. Where any passenger has died on board of any vessel in the course of his voyage to Hongkong the master of the vessel in which such passenger has died shall immediately upon the arrival of the vessel in Hongkong hand over to the Harbour Master all the goods and effects of such passenger then on ... board of such vessel. 2. Thereupon the Harbour Master shall take possession of such goods and effects and (a.) If he thinks that their value is more than $ 100 he shall hand them over to the Official Administrator to whom he shall also furnish in writing all such information as he may have been able to obtain about the deceased passen ger and as he may consider likely to be useful for the due administration of the estate. (b.) If he thinks that their value is not more than $ 100 he shall in such manner as he may in his discretion consider convenient and just distribute them amongst the persons who appear to him in his discretion to be entitled to them, or if he can find no such persons within one month of the date when the said goods and effects come into his hands then he shall sell them and pay the proceeds of the sale into the Treasury to a special account to be there kept for the purpose. 3. For the purposes of this section the expression voyage ofa passen ger to Hongkong, means the voyage of a passenger to Hong kong terminates at Hongkong as the port of destination of such passenger. 4. At any time within 12 months of the date when the proceeds of any estate have been paid into the Treasury under this section any person entitled to the same or to any portion thereof may apply to the Harbour Master for the same, and at the expiration of the said 12 months, the Harbour Master may apply to the Treasurer ‫فہ‬  ORDINANCES Nos. 20 AND 21 OF 1885 . 1945 Administration of Passengers' Estates. Municipal Rates. and the Treasurer shall pay to the Harbour Master the said proceeds of the estate and the Harbour Master shall distribute the same amongst the applicants in such manner as he may consider just and convenient. 5. Before distributing any estate or paying the proceeds of any estate into the Treasury the Harbour Master shall deduct the amount of any expenses or costs that he may have incurred in advertising or otherwise in the administration of the same. • 6. If no person entitled applies to the Harbour Master under para graph 4 within the 12 months in that paragraph mentioned the proceeds of the estate shall be paid over to the general revenue of the Colony ; but it shall be lawful for the Governor within a period of 6 years to direct a refund of the same to any person establishing to his satisfaction a legal , moral , or equitable, claim thereto. No. 21 of 1885. An Ordinance entitled The Municipal Rates Ordinance , 1885. [ 12th December, 1885. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BRCouncil thereof, as follows : — 1. 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 ld 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.  1946 ORDINANCE No. 21 of 1885 . Municipal Rates. The term public institution means the City Hall and also any tenement or portion of a tenement used or maintained wholly for any of the following purposes :-- Art, Burial, Charitable relief, Education, Literature, Medical relief of the sick, Religious Worship, Science, and not for gain or pecuniary profit. Valuation. Appointment 2. The Governor in Council may, from time to time, appoint one or more valuers of valuers. for the purposes of this Ordinance, and may allow them such remuneration as he thinks fit . Valuation of 3. The valuers so appointed shall, in each year, before such day as the Governor tenements to be made. in Council directs, make a valuation of the tenements in the Colony, or of such part thereof as the Governor in Council directs . Powers of 4. Any valuer may require the owner or occupier of any tenement to furnish him valuers. with the particulars specified in form 4 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 May call upon such owner or occupier to exhibit to him all receipts for rent, rent books, accounts, or other documents whatever connected with the rent or value of such tenement. 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 tenement and inspect the same, and, if necessary, may use force to effect his entry, doing no more damage than is necessary for the purpose. Penalties. 5. If any owner or occupier of a tenement refuses or neglects to furnish the afore said particulars within one week after being required to do so ; Or knowingly furnishes false or incorrect particulars ; Or refuses to exhibit to the valuers any receipt for rent or book or other docu ment relevant to the valuation ; 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.  ORDINANCE No. 21 OF 1885 . 1917 Municipal Rates. 6. 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 reasonably be expected to let for the ensuing year. In estimating the value of a tenement the value of any machinery contained there in shall not be included. 7. 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 valua tions, 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 of the Colonial Secre To be verified by declaration . tary, a declaration to the effect that the said list contains a true account of all valua tions made by the declarants, and that the same is, to the best of their knowledge and belief, correct in all other particulars. After the said list has been so declared, no alteration shall be made in it except as provided in section 15 of this Ordinance and except also that any erroneous entry may, with the written authority of the Colonial Secretary, be amended so as to bring it into accordance with the particulars notified to the occupier of the tenement under section 9 of this Ordinance or with the valuation of the previous year if no change was intended to be made in such valuation . 8. In making out the said list , the valuers shall distinguish all public institutions , Public institu tions to be which shall be exempt from assessment aud from the payment of rates. exempt from assessment. 9. When any tenement is valued for the first time or when the existing valuation Notice ofthe valuation to be of any teuement is altered the valuers shall, not later than seven days after the day given to each tenement. for completing the valuation, leave with the occupier of every tenement 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 ; But the omission to serve such notice upon any tenement shall not invalidate the valuation thereof, nor relieve any person from payment of the rates. 10. The said list, or an examined copy thereof, shall be open to inspection at the The list to be open for inspec tion at the Treasury during office hours for fourteen days, of which notice shall be previously given Treasury. in the Gazette, and any owner or occupier of any tenement included in such list may take any extract therefrom. 11. The Colonial Secretary on receipt of the list of Chinese tenements for each List to be exhibited in country district shall cause a copy thereof to be made in Chinese and to be exhibited country districts. in a conspicuous place in the principal village of each district during the fourteen days last above mentioned , Extension of valuation. 12. The Governor in Council may at any time adopt any valuation then existing, Existing valua tlon may be either wholly or in part, as the valuation for the ensuing year or for any part thereof; adopted. and in such case shall cause notice of such adoption and of the extent thereof to be 1948 ORDINANCE No. 21 OF 1885. Municipal Rates. published in the Gazette. Any existing valuation so adopted shall, for the purposes of appeal, be considered a new valuation. Appeal. Appeal 13. Any person aggrieved on the ground that he is 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 the list is omitted therefrom ; Or that any tenement of any person is valued therein below its full and fair annual rental ; May, not later than fourteen days after the last day upon which the valuation list is open for inspection , or fourteen days from the date of actual service upon him of the notice C in section 9 mentioned , or of demand for payment if no such notice has been served, appeal to the Supreme Court in its summary jurisdiction. Notice ofappeal. 14. The appellant shall give to the valuers notice in writing of his intention to 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 valued 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 15. The Court, upon proof of due notice having been given, shall hear and deter appeal. mine 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 valuer to amend the said list in such manner as the Court directs ; and the valuer shall forthwith, in open Court, make the necessary amendments. The determination of the Court shall be final and conclusive. Valuation of improved tenements. Valuation of improvements 16. The Governor in Council may, at any time, direct the valuers to make a 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. Mode of 17. The valuers shall make such valuation in the manner hereinbefore prescribed , 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 with the occupier of the tenement notice in writing of such valua tion having been made, and of the amount thereof.. The tenement shall not be liable to be assessed until such notice is left.  ORDINANCE No. 21 OF 1885 . 1949 Municipal Rates. 18. Any person aggrieved by such valuation, on the ground that the tenement is Appeal from valuation. not rateable under this Ordinance, or that the tenement is valued beyond its full and fair annual rental, may, not later than fourteen days after the said notice is left, appeal to the Supreme Court in its summary jurisdiction, whereupon sections 14 , 15 and 20 of this Ordinance shall apply in relation to such appeal and the subsequent assessment . 19. The rates assessed shall be first paid on the next day appointed for the pay Payment. ment of rates , and shall thereafter continue to be payable as if they were included in the general list . Rating. Rates fixed. 20 After the time for appealing has expired there shall be payable from the first day of July in each year, or from such other day as may, from time to time, be fixed by Ordinance to be passed for that purpose, the following rates in respect of every tenement which has been valued as hereinbefore provided, that is to say : — On tenements within the city of Victoria . For Police Rate, .8 per cent. For Water Rate, 2 per cent . For Lighting Rate, .... 11 per cent . For Fire Brigade Rate, per cent . On tenements beyond the city of Victoria for Police rate. At Victoria Peak, Quarry Bay, and Pokfulam , .......... 8 per cent . At all other places, ..7 per cent. 21. The amounts of the above rates may be altered, from time to time, by Ordi How to be altered. nance to be passed for that purpose. 22. The above rates may be levied collectively and called municipal rates , and Rates, how paid. shall be paid quarterly in advance at the Treasury within the first month of each quarter, and the time appointed for such payment shall be notified quarterly by the Treasurer in the Gazette. Payment and disposal of rates. 23. The owners and occupiers of all tenements shall be liable to the Crown for Rates to be an occupier's tax. 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. 1950 ORDINANCE No. 21 of 1885 . Municipal Rates. Recovery of 24. If any person fail to pay any rates for which he is liable, upon the day rates. notified in the Gazette as the day for payment, the Treasurer may recover the same by suit in the summary jurisdiction of the Supreme Court, together with interest at the rate of eight per cent. per annum until the day of payment. Refund of rates. Refund of rates 25. Whenever any tenement, not being a teuement at Victoria Peak, is unoccupied for uninhabited tenement. . during one or more entire months of any quarter in respect of which the rates upon such tenement were paid in advance, the Treasurer shall refund the rates for such months . (2.) When any tenement at Victoria Peak shall, in any year, be continuously unoccupied from July to December inclusive, the owner shall be entitled to a refund of the rates paid during such period on account of such tenement, and for each succeeding entire quarter during which such tenement shall be continuously unoccupied he shall be entitled to a like refund. (3. ) When any tenement at Victoria Peak shall, in any year, be continuously unoccupied from January to June inclusive, and shall then be occupied, the owner shall be entitled to a refund of half the rates paid during such period on account of such tenement. Mode of obtain 26. Refunds may be obtained in the following manner : ing refund. (1.) The owner of any tenement may give notice to the Treasurer that such tenement is vacant not later than the fifteenth day of any month from the first day of which it is intended to claim such refund. (2.) So long as such tenement shall remain continuously unoccupied no further notice shall be required, but after the re-occupation of such tenement notice shall again be required as provided for in the preced ing sub-section. (3.) The person claiming the refund may, within fifteen days after the expi ration of the quarter during which the tenement has been unoccupied, apply to the Treasurer in the form D in the schedule to this Ordinance for such refund . (4. ) The Treasurer may refund the rates for one or more entire months during such quarter if due notice have been given, and if the Treasurer be satisfied that the tenement was unoccupied during such months, which he shall ascertain by causing it to be actually inspected from month to month . (5. ) In the case of tenements at Victoria Peak no refund shall be made until the tenement has been continuously unoccupied during two quarters as hereinbefore provided, after which the refund may be made quar terly till the tenement is occupied.  ORDINANCE No. 21 OF 1885 . 1951 Municipal Rates. 27. Any person aggrieved by refusal on the part of the Treasurer to refund rates Court may entertain may apply to the Supreme Court in its summary jurisdiction , and the Court may petition exceed ing $ 1,000 . adjudicate upon a petition for a refund of rates, although the claim exceeds one thousand dollars : and for the purpose of such adjudication may receive any evidence it thinks fit. 28. The petitioner shall not recover if the notice required by section 26 of this Want of notice. Ordinance has not been given, the burden of proof whereof shall rest upon him. 29. The Governor may, if he thinks fit, for any cause whatever, order the refund Governor may order refund. of the whole or any portion of any rates paid by any person. Miscellaneous. 30. Any notice required by this Ordinance to be served upon the occupier or Service ofnotices. owner of any tenement may be served by leaving it at such tenement if occupied , or if not occupied, at the abode or place of business of such owner. 31. No misnomer or inaccurate description of any person, place, or tenement, in Misnomers, &c., not to affect the execution of this any document required for the purposes of this Ordinance, nor any mistake, informality, Ordinance. 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 document 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. 32. 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. 33. This Ordinance shall take effect upon a day to be hereafter proclaimed by Commencement. the Governor. 34. Ordinance No. 12 of 1875 is hereby repealed, but this repeal shall not revive Repeal. any enactment repealed by the said Ordinance, 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 rate, or the remedies for recovering such rate, and the said remedies may be enforced as if this Ordinance had not been passed . 35. No Judge shall be incapable of acting in his judicial office in any proceeding, Judges may act in certain cases whether commenced before or after the passing of this Ordinance, by reason of his relating to rates. being, as one of several rate- payers, or as one of any other class of persons, liable in common with the others to contribute to or to be benefitted by any rate which may be increased, diminished, or in any way affected by such proceeding. 1952 ORDINANCE . No. 21 OF 1885 . Municipal Rates. SCHEDULE Form A. FOR THE ASSESSMENT OF THE YEAR 18 To owner or occupier of In pursuance of The Municipal Rates Ordinance, 1885, we require you to furnish us with the particulars relating to this tenement in the manner specified below, and to return this document to us at within one week from the date hereof. Dated this day of 18 Valuers under The Municipal Rates Ordinance, 1885. FOR THE ASSESSMENT OF THE YEAR 18 Return of houses, buildings, and lands, at in the Colony of Hongkong, of which the undersigned is owner. Description of If let or leased , tenement. the period of 1. Whether Whether the tenure, Actual occupied or amount when entered Lot. Street. dwelling-house vacant. with out-houses, If the former, of upon , and garden, &c., name and rent per whether the s occupied there calling of the annum premises are Remark with, or in dollars kept in repair occupie r, 2.-Warehouse whether owner for each by the or otherbuilding , tenement . owner or the . or lessee. Des &c. , separately lessee at his cript- No. Name. No. occupied . own cost. ion. Form B. FOR THE ASSESSMENT OF THE YEAR 18 To occupier of We hereby give you notice under the provisions of section 4 of The Municipal Rates Ordinance, 1885, 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 18 and that we intend to enter upon the said tenement on day next between the hours of and Valuers under The Municipal Rates Ordinance, 1885. Victoria, Hongkong, the 18  ORDINANCE No. 21 OF 1885. 1953 Municipal Rates. Form C. VALUATION FOR THE YEAR 18 : UNDER THE MUNICIPAL RATES ORDINANCE , 18 No. To or occupier or holder of the tenement hereunder enumerated at Under the provisions of section 9 of the said Ordinance, the undersigned hereby inform you that the tenement specified in the statement given below has been valued to the rates for the said year at the gross annual rental therein separately specified. STATEMENT. Lot. Street. Description of Gross annual tenement. rent. Remarks. Description. No. Name. No. Valuers under The Municipal Rates Ordinance, 1885. Form D. APPLICATION FOR REFUND OF RATES. Hongkong, 18 Sir, I request that you will refund the rates paid on the tencments and for the periods named below. Notice has already been given you that those tenements were vacant during the periods stated, which do not include any broken month. Owner or Agent. The Treasurer, Hongkong. NOTE. This application must be made during the first fifteen days after the expiration of the quarter during which the tenements were vacant. [In force from the 6th January, 1886, under proclamation of same date. Repealed by Ordinance No. 15 of 1888. ] 1954 ORDINANCES Nos. 1 AND 2 OF 1886. Payment of small sums due to the estates of deceased Civil Servants. Apportionment. No. 1 of 1886. An Ordinance to empower the Colonial Treasurer to pay other wise than to Executors or Administrators small Sums due on account of Pay or Allowances to Persons deceased . [ 10th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the B --- Legislative Council thereof, as follows : Treasurer, &c. 1. On the death of any person or persons to whom respectively any may, on death of persons in be pay sum or sums of money not exceeding five hundred dollars may civil service entitled to able by a public department within the Colony in respect of civil pay or sums under $500, direct allowances or annuities granted either under the authority of the Govern payment thereof ment of the Colony or of the British Government, it shall be lawful for without production of the Treasurer on being satisfied of the expediency of dispensing with letters of administra probate or letters of administration , to authorize the payment of such sum tion. [ 31 and 32 V. c. 90, or sums to such person or persons as the Treasurer may consider entitled s. 1. } or of letters of thereto, without requiring the production of probate administration, payment to be made under such regulations as the Trea surer may direct . Indemnity. 2. Any payment made in pursuance of this Ordinance shall be valid [31 and 32 V. č. 90, s. 2. ] against all persons whatever, and all persons acting under its provisions shall be absolutely discharged from all liability in respect of any monies duly paid or applied by them under this Ordinance . Commence ment of Ordi 3. This Ordinance shall not come into force until Her Majesty's nance. confirmation or allowance thereof shall have been proclaimed . [ Confirmation proclaimed 5th June, 1886. ] No. 2 of 1886 . An Ordinance for the better Apportionment of Rents and other Periodical Payments. [ 10th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Apportion [33 and 34 V. c. 35, § 1. ] ment Ordinance, 1886.  ORDINANCE No. 2 OF 1886. 1955 Apportionment. 2. From and after the commencement of this Ordinance all rents , Rents, &c. to accrue from annuities, dividends, and other periodical payments in the nature of in day to day , and be come (whether reserved or made payable under an instrument in writing apportionable in respect of or otherwise ) shall, like interest on money lent, be considered as accruing time. [Ibid, s. 2. ] from day to day, and shall be apportionable in respect of time accordingly . 3. The apportioned part of any such rent, annuity , dividend , or Apportioned part of rent, other payment shall be payable or recoverable in the case of a continuing &c . to be payable when rent , annuity , or other such payment , when the entire portion of which the next entire portion such apportioned part shall form part, shall become due and payable becomes due. [Ibid, s. 3. ] and not before ; and in the case of a rent, annuity, or other such payment determined by re-entry, death, or otherwise, when the next entire portion of the same would have been payable if the same had not so determined , and not before. 4. All persons and their respective executors , administrators , and Persons shall have the same assigns , and also the executors, administrators , and assigns respectively of remedies for recovering persons whose interests determine with their own deaths, shall have such apportioned parts as for or the same remedies at law and in equity for recovering such apportioned entire portions. parts as aforesaid when payable ( allowing proportionate parts of all just Ibid, s . 4. ] allowances ) as they respectively would have had for recovering such entire portions as aforesaid if entitled thereto respectively ; provided that Proviso as to rents reserved persons liable to pay rents reserved out of or charged on lands or tene in certain cases. ments , and the same lands or tenements , shall not be resorted to for any such apportioned part forming part of an entire or continuing rent as afore said specifically, but the entire or continuing rent, including such appor tioned part, shall be recovered and received by the person who , if the rent had not been apportionable under this Ordinance , or otherwise, would have been entitled to such entire or continuing rent, and such apportioned part shall be recoverable from such person by the executors or other parties entitled under this Ordinance to the same by suit or action . 5. In the construction of this Ordinance , Interpreta tion of terms. The word rents shall include all periodical payments or render [Ibid, s. 5.] ings in lieu of or in the nature of rent . The word annuities shall include salaries and pensions . The word dividends shall include (besides dividends strictly so called ) all payments made by the name of dividend , bonus , or otherwise out of the revenue of trading or other public 1956 ORDINANCES Nos. 2 AND 3 OF 1885 . Apportionment. Larceny and Embezzlement. companies , divisible between all or any of the members of such respective companies, whether such payments shall be usually made or declared at any fixed times or otherwise ; and all such divisible revenue shall, for the purposes of this Ordinance, be deemed to have accrued by equal daily increment during and within the period for or in respect of which the payment of the same revenue shall be declared or expressed to be made, but the said word dividends shall not include payments in the nature of a return or reim bursement of capital. Ordinance not 6. Nothing in this Ordinance contained shall render apportionable to apply to policies of any annual sums made payable in policies of assurance of any description . assurance. [ Ibid, s. 6. ] Nor where 7. The provisions of this Ordinance shall not extend to any case in stipulation made to the which it is or shall be expressly stipulated that no apportionment shall contrary. [Ibid, § 7.] take place . No. 3 of 1886. An Ordinance to amend the Law relating to Larceny and Embezzlement. [ 10th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Larceny and Embezzlement Amendment Ordinance 1886, and shall be read and construed with Ordinance 7 of 1865 and all Crdinances amending the same. Member of 2. If any person , being a member of any copartnership or being one partnership guilty of of two or more beneficial owners of any money, goods or effects , bills , converting to money , his own use , notes, securities , or other property , shall steal or embezzle any such & c. partner ship property, goods or effects, bills, notes , securities, or other property belonging to liable to be tried as if not any such copartnership or to such joint beneficial owners, every such a member. [ 31 and 32 V. person shall be liable to be dealt with, tried , convicted and punished for c. 116, § 1.) the same as if such person had not been or was not a member of such copartnership or one of such beneficial owners.  ORDINANCES Nos. 4 AND 5 OF 1886 . 1957 Infants Custody. Sales of Reversions. No. 4 of 1886. An Ordinance to amend the Law relating to the Custody of Infants. [ 10th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BR Legislative Council thereof, as follows : 1. This Ordinance may be cited for all purposes as The Infants Cus Short title. tody Ordinance, 1886. 2. From and after the commencement of this Ordinance it shall be Supreme Court may lawful for the Supreme Court upon the petition presented in a summary order mother to have access way of the mother (by her next friend if necessary ) of any infant or to and custody of infants infants under the age of sixteen years to order that the petitioner shall under 16 years. have access to such infant or infants at such time and subject to such [ 36 V. c. 12. S. * . ‫ן‬ regulations as the Court shall deem proper or to order that such infant * or infants shall be delivered to the mother and remain in or under her custody or control or shall if already in her custody or under her control remain therein until such infant or infants shall attain such age not exceeding sixteen years as the Court shall direct ; and further, to order that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant or infants and otherwise as the Court shall deem proper. 3. No agreement contained in any separation deed made between Separation deed agree the father and mother of an infant or infants shall be or be deemed to be ment to give up custody. invalid by reason only of its providing that the father of such infant or [36 V. c. 12, s. 2. ] infants shall give up the custody or control thereof to the mother : Pro vided always that no Court shall enforce any such agreement if the Court shall be of opinion that it will not be for the benefit of the infant or infants to give effect thereto . No. 5 of 1886. An Ordinance to amend the Law relating to Sales of Reversions . [ 10th March, 1886. ] E it enacted by the Governor of Hongkong , with the advice of the BE - Legislative Council thereof, as follows : 1. This Ordinance may be cited for all purposes as The Sules of Short title. Reversions Ordinance, 1886. 1958 ORDINANCES Nos . 5 AND 6 OF 1886. Sales of Reversions. Printers and Publishers. No bona fide 2. From and after the commencement of this Ordinance no purchase purchase of reversions to made bonâ fide and without fraud or unfair dealing of any reversionary be set aside for under interest in property of any kind within the Colony shall hereafter be value merely. [ 31 V. c. 4 , s. opened or set aside merely on the ground of undervalue. Ï.] Interpreta 3. The word purchase in this Ordinance shall include every kind tion. [ Ibid. s. 2. ] of contract, conveyance or assignment under or by which any beneficial interest in any kind of property may be acquired . ECLIZAT No. 6 of 1886. An Ordinance to regulate the printing of Newspapers and Books and the keeping of Printing Presses within the Colony. [ 24th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the ᏴᎬ Legislative Council thereof, as follows : PART I. Preliminary. Short title. 1. This Ordinance may be cited for all purposes as The Printers and Publishers Ordinance, 1886. Repeal. 2. Ordinances No. 2 of 1844 and No. 16 of 1860 are hereby repealed , provided that such repeal shall not affect the past operation of such Ordinances or either of them or anything done or suffered or any obligation or liability incurred thereunder. Interpreta 3. In the construction of this Ordinance, unless there is anything tion. [44 and 45 V. in the subject or the context repugnant thereto , the several words and c. 60, s. 1. ] phrases hereinafter mentioned shall have and include the meanings follow - ing, that is to say : The word Registrar shall mean the Registrar of the Supreme Court of Hongkong or either of the Deputy Registrars thereof for the time being.  ORDINANCE No. 6 OF 1886 . 1939 Printers and Publishers. The word newspaper shall mean any paper containing public news , intelligence , or occurrences , or any remarks or obser vations thereon , printed for sale and published in the Colony periodically or in parts or numbers at intervals not. exceeding twenty - six days between the publication of any two such papers, parts, or numbers , also any paper, printed in order to be distributed and made public weekly or oftener or at intervals not exceeding twenty- six days , con taining only or principally advertisements. The word book shall mean every volume, part or division of a [5 and 6 V. c. 45 , s. 2. ] volume, pamphlet, sheet of letter press , sheet of music, map, chart, or plan , separately printed or published in the Colony, containing literary, scientific, artistic, or musical composition, matter or work. The word propricter shall mean and include as well the sole [44 and 45 V. č. 60, s. 1. ] proprietor of any newspaper as also, in the case ofa divided proprietorship , the persons who as partners or otherwise represent and are responsible for any share or interest in the newspaper as between themselves , and the persons in like manner representing or responsible for the other shares and interest therein and no other person. The phrases place of residence, place of business shall include the street, square , or place , where the person to whom it refers shall reside or shall carry on business as the case may be, and the number ( if any ) or other designation of the house in which he shall so reside or carry on business . The words newspaper register shall mean the books to be kept by the Registrar for the purpose of making and registering all declarations required or permitted to be made by this Ordinance and such books shall contain printed copies of the forms prescribed by this Ordinance to be filled up by the Registrar and signed by the party making the declara tion . PART II. Printers, publishers, and proprietors . 4. From and after the expiration of seven days from the coming No newspaper to be publish into operation of this Ordinance no newspaper shall be printed or pub ed save in 1960 ORDINANCE No. 6 OF 1886 . Printers and Publishers. accordance lished within the Colony except in conformity with the provisions herein with the pro visions herein. after contained . [ Re-enact ment No. 2 of 1844, s. 1. ] Declaration. ( 1. ) The printer and publisher of every newspaper shall appear [2 of 1844, s. 6. ] before the Registrar and shall make and subscribe in the [44 and 45 V. c. 60, s. 9. ] newspaper register a declaration according to the form No. 1 in the schedule hereunto annexed . Change of ( 2. ) As often as the place of printing or publication is changed , place, print ing or publish. a new declaration shall be necessary. ing. Ibid. ] Printer or ( 3. ) As often as the printer or publisher who shall have made publisher the aforesaid declaration shall leave the Colony perma leaving Colony. [Ibid.] nently or temporarily, a declaration from another printer or publisher resident within the Colony shall be neces sary. Penalty for 5. Whoever shall print or publish any newspaper without conform non-observan- ce of s. 5. * ing to the provisions in section 4, or whoever shall print and publish or [ Ibid. s. 2.1 *4 cause to be printed or published any newspaper knowing that the said provisions have not been complied with, shall on conviction be liable to a penalty of not exceeding $ 1,000 or to imprisonment for a term not exceeding six months . Declaration 6. If any person, who has made and subscribed the declaration on person ceasing to be prescribed by section 4 , ceases to be the printer or publisher of the news printer, &c. Ibid, sec. 5. ] paper mentioned in such declaration , he may appear before the Registrar and may make and subscribe a declaration in the newspaper register according to the form No. 2 in the schedule hereunto annexed . Change of 7. Upon every change ofthe proprietor of any newspaper, or upon every proprietor ship. transfer or transmission of or dealing therein whereby any person ceases [44 and 45 V. c. 60, s. 9. ] to be a proprietor or any new proprietor is introduced , it shall be the duty of the printers and publishers for the time being of such newspaper within 21 days from the time of such change , transfer or transmission as aforesaid, to appear before the Registrar and subscribe a declaration in the newspaper register according to the form No. 3 in the schedule hereunto annexed. Penalty for 8. If within the said period of twenty -one days such declaration shall omission to make the not be made, then each printer and publisher of such newspaper shall on declaration in s. 7. conviction be liable to a penalty not exceeding $ 150 . [44 and 45 V. c. 60, s. 10. ] (£25.)  ORDINANCE No. 6 OF 1886. 1961 Printers and Publishers. Power for 9. Any party to a transfer or transmission of or dealing with any party on share of or interest in any newspaper whereby any person ceases to be a change of proprietor proprietor or any new proprietor is introduced , may at any time make or ship to make declaration. cause to be made the declaration prescribed by section 7 of this Ordinance. [44 and 45 V. c. 60, s. 11. ] 10. Where in the opinion of the Governor in Council inconvenience Authority to make declara would arise or be caused in any case from making a declaration of the tion of some only of names of all the proprietors of the newspaper (either owing to minority, proprietors. [44 and 45 V. coverture, absence from the Colony, minute subdivision of shares or other c. 60, s. 7. ] special circumstances ) it shall be lawful for the printers or publishers of such newspaper, upon the order of the Governor in Council, to make such declaration with the name or names of some one or more representative proprietors . 11. The provisions hereinbefore contained in reference to the pro Exception as to newspapers prietor of any newspaper shall not extend or apply to any newspaper and papers of companies. which belongs to a joint - stock company duly incorporated under the [44 and 45 V. c. 60, s. 18. ] Ordinances relating to joint- stock companies. Printers to 12. Every person who shall print any newspaper, paper , or book for keep copy of hire, reward, gain or profit, shall carefully preserve and keep one copy newspapers and books and (at least ) of every newspaper, paper, or book so printed by him, on which to produce on request of he shall write or print or cause to be written or printed in legible charac Magistrate. [39 Geo. III. ters the name and place of residence of the person or persons by whom he c. 79, s. 29, 32 and 33 V. is employed to print the same and shall keep and preserve the same for c. 24. ] the space of six months after the printing thereof and shall produce and [ Month means show the same to a Police Magistrate of the Colony if required to do so calendar, s. 1 of 67. ] within the said six months, and every person who shall omit or neglect Penalty. any of the provisions of this section shall on conviction be liable to a (£20.) penalty not exceeding one hundred dollars. 13. Every person who shall print any newspaper, paper, or book, Printers to print their intended to be distributed or made public , shall print upon the front of names and addresses on every such newspaper or paper, if the same shall be printed on one side newspapers and books. only, or upon the first or last leaf of every newspaper, paper, or book, [ 2 and 3 V. c. 12 , s. 2 : 32 which shall consist of more than one leaf, in legible characters his name and 33 V. c. 24 sch.] and usual place of residence or business, and every person who shall distribute or publish or assist to distribute or publish any such news Penalty. (£5.) paper, paper, or book, without fulfilling the requirements of this section , shall upon conviction be liable to a penalty not exceeding $ 25 , for every copy of such newspaper, paper or book, so printed distributed or publish ed by him. 1962 ORDINANCE No. 6 OF 1886 . Printers and Publishers. Bond to be 14. Every person who shall print or publish or cause to be printed given by printer or or published any newspaper, shall prior to such printing or publishing publisher [No. 16 of enter into a bond before the Registrar, together with two sufficient sure 1860. 60 Geo. III. c. 9. I.W. ties to the satisfaction of the Registrar, such printer or publisher or printer 4, c. 73, repealed by and publisher in the sum of twelve hundred dollars and such sureties 32 and 33 V. c. 24.] jointly in a like sum , conditioned that such printer or publisher or printer (£250.) and publisher shall pay every fine or penalty as may at any time be im posed upon or adjudged against him or any person acting for him in his absence by reason of any conviction for printing or publishing or printing and publishing any libel at any time after the entering into such bond and also all costs of such conviction ; and further conditioned that every such printer or publisher or printer and publisher shall pay all such damages and costs as may be recovered or arise in any action for libel published in such newspaper ; and every person not covered by such bond who shall print or publish or cause to be printed or published any newspaper without having entered into such bond with such sureties as aforesaid shall upon conviction for every such offence be liable to a penalty not exceeding $ 100 together with the costs of conviction . Attorney 15. Every bond so given as aforesaid may be sued upon in the name General or plaintiff to of the Attorney General of the Colony in cases of indictment or informa sue upon bonds. tion and of the plaintiff or plaintiffs in any action for libel in which [S. 2, No. 16 of 1860. ] damages may be recovered . New sureties 16. In every case in which any surety in any such bond as aforesaid in certain cases. shall have been required to pay and have paid the whole or any part of [Ibid, s. 3. ] the sum for which he shall have become surety ; or in case he shall be come bankrupt or shall cease to reside in the Colony, then and in every such case the person for whom such surety shall have been bound shall not print or publish any newspaper until he shall have entered into a new bond with sufficient sureties in the manner and to the amount afore said ; and in case he shall print or publish any such newspaper without having executed such new bond as aforesaid, he shall be liable on con viction for every such offence to a penalty not exceeding $ 100 together with the costs of conviction . Withdrawal 17. If any surety as aforesaid shall be desirous of withdrawing from of sureties. [Ibid, s. 4. ] such bond, it shall be lawful for him to do so upon giving twenty days' previous notice in writing to the Registrar and also to his principal ; and in every such case such surety shall upon the expiration of such notice  ORDINANCE No. 6 OF 1886 . 1963 Printers and Publishers. cease to be liable upon such bond except for any penalty or penalties damages or costs for or in respect of any libel which may have been print ed or published in such newspaper previous to the expiration of such notice and for which he would otherwise have been liable under such bond ; and in every such case the person for whom such surety shall have been bound shall not print or publish any newspaper until he shall have executed a new bond with sufficient sureties in the manner and to the amount aforesaid ; and in case he shall print or publish any such news paper without having entered into such new bond as aforesaid , he shall be liable on conviction for every such offence to a penalty not exceeding $ 100 , together with the costs of conviction . 18. All bonds entered into in pursuance of this Ordinance shall Custody of bonds. upon execution be deposited with the Registrar for safe custody. [S. 6 of No. 16 , of 1860, altered. ] PART III . Printing presses. 19. From and after the expiration of seven days from the coming Declaration by possessor. into operation of this Ordinance no person shall within the Colony keep [8 of No. 2 of 1844.1 in his possession any press for the printing of newspapers books or papers who shall not have made and subscribed before the Registrar in the news paper register a declaration according to the form No. 4 in the schedule hereunto annexed , such declaration to be made in like manner as is pre scribed for the declarations hereinbefore mentioned , and whoever shall keep in his possession any such press without making such declaration shall on conviction be liable to a penalty not exceeding $ 1,000 , or impri sonment for a term not exceeding six months . PART IV . General. 20. All persons shall be at liberty to search and inspect the news Search. Inspection. paper register from time to time during the hours of business of the Certified Supreme Court on payment of $ 1 , for every such search and inspection, [No. 2of 1844 , s. 3, 5, 44 and and any person may require a copy of any entry or an extract from the 45 V. c. 60, s. 13.1 said book to be certified by the Registrar under the seal of the Court on payment of $2 for every such copy . 1964 ORDINANCE No. 6 OF 1886 . Printers and Publishers. Copies of 21. Every copy of an entry in or extract from the newspaper regis entries, &c. in register to be ter as aforesaid purporting to be certified by the Registrar under the seal evidence of contents. of the said Court shall be received as conclusive evidence of the contents [44 and 45 V, c. 60, 15 , of the said register so far as the same appear in such copy or extract. substituted for No. 2 of without proof of the signature thereto or of the seal of the Court affixed 1844, ss. 3, 5 in part. ] thereto and every such certified copy or extract shall in all proceedings [ This covers civil or criminal be accepted as sufficient primâ facie evidence of all the s. 6 of No. 2 of 1844. ] matters and things thereby appearing unless and until the contrary there of be shown . Penalty for 22. If any person shall knowingly and wilfully make or cause to making wilful mis be made any declaration by this Ordinance required or permitted to be representa tion in made in which there shall be any untruth or misrepresentation or from declarations. [S. 9 of No. 2 which there shall be any omission in respect of any of the particulars by of 1844, s. 12 of 44 and 45 this Ordinance required to be contained therein whereby such declaration V. c. 60. ] shall be misleading , or if any proprietor of a newspaper shall knowingly and wilfully permit any declaration under sections 4 and 7 of this Ordi nance to be made which shall be misleading with reference to his own name, occupation , place of business ( if any ) or place of residence , every (£100.) such offender being convicted thereof shall be liable to a penalty not ex ceeding $500. General 23. This Ordinance shall not extend or apply to the impression of exceptions, [39 Geo. III any engraving or to the printing by letter press of the name or of the c. 79, s. 1 , re enacted in 32 name and addresses or business or profession of any person or of the and 33 V. c. 24 sch. ] article in which he deals or of any paper containing an advertisement of the sale of any estates or goods by auction or otherwise or of ordinary business notices or advertisements . Recovery of 24. All penalties under this Ordinance may be recovered sum penalties. 44 and 45 V. marily before a Police Magistrate according to the laws for the time c. 60, s. 16. ] being in force within the Colony regulating summary procedure. Limitation of 25. No persons shall be prosecuted or sued for any penalty imposed prosecution or action. by this Ordinance unless such prosecution shall be commenced or such [39 Geo. III. c. 79, 8. 34. ] action shall be brought within 6 months next after such penalty shall have been incurred ; nor unless such prosecution or action be commenced , prosecuted, entered , or filed in the name of the Attorney General for the time being of the Colony and with his assent.  ORDINANCE No. 6 OF 1886 . 1965 Printers and Publishers . 26. This Ordinance shall commence and come into operation on a Commence ment of day to be proclaimed by the Governor. Ordinance. THE SCHEDULES ABOVE REFERRED TO . Form I. I, [full name and address ] declare that I am the printer [ or publisher or printer Form of declara tion by printer and publisher as the case may be] of the newspaper entitled and/or publisher under s. 4 . and printed [ or published or printed and published as the case may be] at Hongkong , the premises where such printing [or publication or printing and publication ] is carried on are situate at [ here describe them precisely ] and I further declare that [ here state the full name of the proprietor or proprietors or " representative proprietors," (see s. 10) , ] is (or are) the proprietor [or proprietors or " representative proprietors " ] of the said newspaper [ here state their respective occupations, places of business (ifany) and places of residence.] [Signature ofprinter and publisher, &c. ] Declared, & c. [ Signature of Registrar and Seal of the Court. ] } Form II. I, [ then follows as in last form ] declare that I have ceased to be the printer [ or Form of declaration publisher or printer and publisher ] of the newspaper entitled [ here insert name ofpaper. ] under s. 6. [Signature and Declaration as in lastform.] Form III . I, [then follows as in form I] the printer [ or publisher or printer and publisher] Form of declaration of the newspaper entitled [ state name] declare that [state full name] has ceased to be under ss. 7, 9. the proprietor [or a proprietor] of the said newspaper entitled [state name] and that [statefull names with his or their occupation , place of business (if any) and place of residence] is [or are] now the proprietor [ or proprietors ] thereof . [Signature ofperson making declaration . ] Declared [as in form I.] Form IV. I, [state name and place of residence] declare that I have a press for printing at Form of declaration [here state the place where the press is kept giving a true and precise discription of the under s. 19. premises. ] [Signature and declaration as in form I.] [In force from 12th July, 1886, under proclamation 10th July, 1886. ] 1966 ORDINANCE No. 7 OF 1886. Usury. No. 7 of 1886 . An Ordinance to repeal the Usury Laws and to fix a legal rate of interest . [ 24th March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE ------ Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Usury Or dinance, 1886. Repeal of 2. Ordinance No. 7 of 1844 , and so much of Ordinance No. 5 of No. 7 of 1844, No. 5 of 1856 , 1856 as relates to the Act of the 17th and 18th years of Her Majesty in part and exclusion of the Queen Victoria , chapter 90 , are hereby repealed . Notwithstanding English Law. [ Re-enact the repeal of the said Ordinances , the Acts and part of Acts repealed by ment of No. 7 of 1844 , the said Act of the 17th and 18th year of Her said Majesty shall have no s. 1.] force in this Colony . Recovery of 3. Where interest is payable upon any contract , express or implied, interest. for payment of the legal or current rate of interest, or where upon any debt or sum of money interest is payable by any rule of law, such rate of interest shall be recoverable, as if this Ordinance had not been passed . Rate of 4. Where interest is payable on any contract, express or implied , interest where no or on any debt or sum of money , but the rate of such interest is not fixed agreement, &c. [ 17 and by the contract or by the parties or rule of law, the rate thereof shall not 18 V. c. 90, s. 2.] exceed $8 per cent. per annum. Provided always that it shall be lawful for the Supreme Court of Hongkong and every other Court having jurisdiction within the Colony , in awarding interest in any action , suit or matter, to allow a lower rate of interest, if the circumstances of the case render it just and expedient. Not to affect 5. Nothing herein shall be taken to affect or repeal any Ordinance Ordinances relating to relating to pawnbrokers . pawnbrokers. [ Ibid. s. 3.]  ORDINANCES Nos. 8 AND 9 OF 1886. 1967 Trade Marks. Religious Ceremonies. No. 8 of 1886 . An Ordinance entitled The Trade Marks Ordinance, Amendment Ordinance, 1886. [ 31st March, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE - Legislative Council thereof, as follows : 1. Ordinance 13 of 1885 is hereby repealed. Ordinance 13 of 1885 repealed. 2. Ordinance 16 of 1873 , is hereby amended as follows , viz . , in Amendment of Ordinance section 3 , by striking out from the words, Every such application to the 16 of 1873. words , the colonies , both inclusive, and inserting in place thereof the words, Such application may, at the option of the applicant, be either made direct to the Governor, or transmitted to the Governor through Her Majesty's Princi pal Secretary of State for the Colonies. No. 9 of 1886. An Ordinance entitled The Religious Ceremonies and Festivals Ordinance, 1886 . [ 14th April, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative B Council thereof, as follows : 1. Except as by this Ordinance provided no person shall, in or upon any public Music. street or road within the city of Victoria play any musical instrument, or beat any drum or gong in connection with any religious ceremony (except a funeral or marriage) or with any annual or other festival. 2. No person shall, within the city of Victoria, beat any drum or gong within Drums and gongs. any dwelling house, or knowingly suffer or allow any drum or gong to be beaten upon his premises between the hours of 11 P.M. and 6 A.M. 3. Except as by this Ordinance provided no person shall organise, equip , or take Processions. part in any procession in or upon any public street or road in the city of Victoria with or without music. Provided always that this section shall not apply to any funeral or marriage procession, whether with music or without, except in cases where the Governor may so direct. 4. Except as by this Ordinance provided no person shall, in the city of Victoria Sheds, &c. or in any village of the colony, or nearer to any building than 100 yards, erect any inflammable structure, awning, or decoration in connection with any religious or other 1968 ORDINANCE No. 9 OF 1886 . Religious Ceremonies. festival or ceremony, or with any exhibition connected with any such ceremony or festival. Provided always that this section shall not apply to any scaffolding of wood or bamboo necessary for the removal of a dead body, if such scaffolding be removed within forty- eight hours from the time of its erection . Fireworks. 5. Except as by this Ordinance provided no person shall discharge, kindle, or let off any firework in the city of Victoria or attempt to do so . Theatricals. 6. No person shall advertise, notify, or carry on any Chinese theatrical performance of a public nature unless an abstract of the plot or nature of such performance shall first have been furnished to the Registrar General, who may in his discretion issue a permit for such performance, without which permit no such performance shall be notified or carried on. Permits. 7. The Governor may from time to time authorise the issue of permits for (1. ) Processions or music in the city of Victoria (other than funeral or marriage processions ) at suitable hours and under suitable conditions . (2. ) The erection in the city of Victoria or in villages of cloth covered sheds or decorations in suitable places, with proper precautions for safety and for the extinction of fire. (3.) The discharge of fireworks in suitable places in the city of Victoria or in villages. (4.) Chinese public theatrical performances . All such permits shall be issued in such manner and on such conditions as the Governor may direct. The Governor may at any time cancel or withdraw any such permit. One person to 8. Permits for processions, theatricals, and other such acts as are to be joined in be named. by a number of persons shall be issued to one person only by name, the words and others being added after such person's name. The person so named shall be responsible for the due observance of all the conditions of the permit, and shall, if so required, furnish such security for the observance of such conditions as the Governor may direct. Penalties. 9. Every person who commits an offence against this Ordinance shall be liable on summary conviction to a fine not exceeding fifty dollars, or to imprisonment with or without hard labour for a term not exceeding three months. Repeals. 10. Section 22 of Ordinance No. 8 of 1858 is hereby repealed so far as it relates to religious ceremonies or religious or theatrical entertainments, but not farther. The following Ordinances or portions of Ordinances are also repealed : No. 14 of 1845 ......Sec. 2, sub- sec . 12 , from the words Provided always to the end of the sub-section . 99 10 of 1872 ...... Sec. 2, sub - section 1. [ Repealed by Ordinance No. 13 of 1888. ]  ORDINANCE No. 10 of 1886. 1969 Widows and Children Relief. No. 10 of 1886. An Ordinance entitled An Ordinance for the Relief of Widows and Children of Intestates where the personal estate is of small value. [ 7th May, 1886. ] E 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 for all purposes as The Widows and Children Relief Ordinance, 1886, and shall be read and construed as one with Ordinances No. 8 of 1860 and any Ordinance amending the same. 2. Where the whole estate and effects of any person dying intestate Application to Registrar where estate within the Colony shall not exceed in value the sum of $ 500 his widow does not or any one or more of his children or in the case of a widow so dying in exceed $500. [36 & 37 V. testate as aforesaid her children , as the case may be, provided such widow c. 52, s. 1. ] [38 & 39 V. or children respectively are resident within the Colony may apply to the c. 27. ] Registrar of the Supreme Court and the said Registrar shall fill up the usual papers required by the Court in its probate jurisdiction to lead to a . grant of letters of administration of the estate and effects of the said intestate and shall swear or declare the applicant and attest the execution of the administration bond required according to the practice of the Court in its probate jurisdiction and he shall also in due course make out and seal the letters of administration of the estate and effects of the said intes tate and deliver them to the party so applying for the same without pay ment of any fee save as is provided by this Ordinance. Proof of iden 3. The said Registrar may require such proof as he may think tity of person sufficient to establish the identity and relationship of the applicant. applying [36 & 37 V. c. 52, s. 2. ] 4. If the said Registrar has reason to believe that the whole estate Registrar may refuse to and effects of which the intestate died possessed exceeds in value $ 500 , proceed . [ Ibid. s. 3. ] he shall refuse to proceed with the application until he is satisfied as to the actual value thereof. 5. Any rules and orders and tables of fees requisite for carrying this Power to frame rules, Ordinance into operation shall be framed and may, from time to time, be &c. [ Ibid. s. 5] altered by the Chief Justice of the Supreme Court but the total amount to be charged to applicants shall not in any one case exceed the sums mentioned in the schedule to this Ordinance and no such rules and orders 1970 ORDINANCES Nos. 10 AND 11 OF 1886. Widows and Children Relief. Loan. [Vide sec. 24, or tables of fees or alterations thereof shall have any force or effect until No. 12 of 1873.] the same shall have been approved of by the Legislative Council of the Colony and published in the Gazette. Not to affect 6. Nothing herein contained shall be construed to affect any duty duty on admi nistration. now payable on letters of administration . [ Ibid. s. 6. ] SCHEDULE . Schedule. Where the whole estate and effects of the intestate shall not exceed in value $ 100 , £20. the sum of $ 1 : and where the whole estate and effects shall exceed in value $ 100 , the sum of $1 ; and the further sum of 20 cents for every $ 50 or fraction of $ 50 by which the value shall exceed $ 100 . No. 11 of 1886. An Ordinance to authorise the raising of a Loan not exceeding Two Hundred Thousand Pounds . [ 7th May, 1886. ] WHEREAS it is expedient to raise on loan two hundred thousand pounds to be expended : Be it enacted by the Governor of Hong kong, with the advice of the Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Loan Ordi nance, 1886. Issue of 2. It shall be lawful for the Governor to raise by the issue of debentures . debentures under this Ordinance any sum or sums not exceeding in the whole two hundred thousand pounds . Principal and 3. The principal moneys and interest , secured by the debentures interest payable out issued under this Ordinance, are hereby charged upon and shall be payable of revenue. out of the general revenues and assets of the Government of Hongkong. Price of each 4. Every debenture issued under this Ordinance shall be for a sum debenture ; interest ; of not less than one hundred pounds sterling, carrying interest at a rate mode of paying off, not exceeding four and a half per centum per annum payable half yearly , &c. and shall be paid off at par at any time after the expiration of five years , but not later than twenty years from the date of issue, provided always that not less than six months' notice shall be given by advertisement , in the London Times newspaper, of the intention of the Government of Hongkong to pay off the debentures issued or a part thereof under and by virtue of this Ordinance, and provided also that the time fixed for such repayment shall be a day on which a coupon shall become due and payable.  ORDINANCE No. 11 of 1886 . 1971 Loan. 5. The debentures shall be issued in London at the offices of the Crown agents to issue Crown Agents for the Colonies , and shall be signed on behalf of the debentures. Government of Hongkong by any two of them. 6. Every debenture shall, before being issued , be registered in a Registration ofdebentures. register book to be kept for that purpose at the offices ofthe Crown Agents for the Colonies . 7. There shall be attached to every debenture, coupons for the Coupons. payment of the interest to become due in each halfyear upon the principal secured by the debenture . 8. The debentures and the coupons shall be in such form as the Forms. Crown Agents for the Colonies may approve . 9. Every debenture and all right to and in respect of the principal Debentures and coupons money secured thereby , and each coupon and all right to the interest transferable. payable in respect thereof, shall be transferable by delivery, and the principal moneys secured by such debenture, and the interest payable by such coupon , shall be payable at the offices of the Crown Agents for the Colonies in London. 10. The Governor shall appropriate half-yearly, out of the general Interest to be paid half revenues of the Colony, the necessary sums to pay the half-yearly interest yearly. due on account of the said loan. The Governor shall further appropriate half-yearly, out of the Sinking fund . general revenues of the Colony, commencing six months after the date of issue of the first debentures created under this Ordinance, the sum of three thousand five hundred and thirty- six pounds, and shall remit the same to the Crown Agents for the Colonies in London , to be invested by them in some one or more of the securities of the Imperial Government of Great Britain , or of the Government of any Colony of Great Britain , as they may from time to time determine, as a sinking fund for the final extinction of the debt. The Crown Agents shall also from time to time invest the dividends , interest, or produce arising from such investment , so that the same may accumulate by way of compound interest. 11. In case the sinking fund shall be insufficient for the payment of If sinking fund insuffi all the principal moneys borrowed under the authority of this Ordinance cient, Colony to make good at the time the same shall have become due, the Governor shall make deficiency . good the deficiency out of the general revenues and assets of the Colony. 12. All expenses of, or incidental to the management of the sinking Expenses payable out fund, or the repayment of the principal moneys to be borrowed under of sinking fund. this Ordinance, shall be paid out of the sinking fund. 1972 ORDINANCE No. 12 OF 1886 . Bills of Sale. No. 12 of 1886. An Ordinance to consolidate and amend the Law for preventing Frauds upon Creditors by Secret Bills of Sale of Personal Chattels. [ 7th May, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the B¹ Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Bills of Sale Ordinance, 1886. Commence 2. This Ordinance shall commence and come into operation on a ment. [41 & 42 V. day to be named by the Governor, and shall apply to every bill of sale c. 31 , s. 2 & 3.] executed after such commencement (whether the same be absolute , or subject or not subject to any trust ) , whereby the holder or grantee has power, either with or without notice , and either immediately or at any future time, to seize or take possession of any personal chattels within the Colony comprised in or made subject to such bill of sale. Repeal of 3. From and after the commencement of this Ordinance the Bills Ordinance No. 10 of 1864. of Sale Ordinance, No. 10 of 1864 , shall be repealed : Provided that [41 & 42 V. c. 31 , s. 23. ] (except as is herein expressly mentioned with respect to construction . and with respect to renewal of registration ) nothing in this Ordinance shall affect any bill of sale executed before the commencement of this Ordinance, and as regards bills of sale so executed the Ordinances hereby repealed shall continue in force. Any renewal after the commencement of this Ordinance of the registration of a bill of sale executed before the commencement of this Ordinance, and registered under the Ordinance hereby repealed , shall be made under this Ordinance in the same manner as the renewal of a registration made under this Ordinance. Interpreta 4. In this Ordinance, the following words and expressions shall tion of terms. [41 & 42 V. have the meanings in this section assigned to them respectively, unless c. 31 , s. 4. ] there be something in the subject or context repugnant to such con struction ; that is to say : The expression Bill of Sale shall include bills of sale, assign ments, transfers , declarations of trust without transfer, inventories of goods with receipt thereto attached , or receipts for purchase moneys of goods, and other assurances  ORDINANCE No. 12 OF 1886 . 1973 Bills of Sale. of personal chattels , and also powers of attorney , author ities , or licences to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon , shall be conferred , but shall not include the following documents ; that is to say, assignments for the benefit of the creditors of the person making or giving the same , marriage settlements , transfers or assignments of any ship or vessel or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea , bills of lading, India warrants, warehousekeepers ' certificates, warrants cr orders for the delivery of goods , or any other documents used in the ordinary course of business as proof of the possession or control of goods , or authorising or purport ing to authorise, either by indorsement or by delivery , the possessor of such document to transfer or receive goods thereby represented : Provided always that in the con struction of sections 8 , 10 , (sub- section 1 ) , 12 , 13 , 14 , 15 , [45 & 46 V. c. 43. s. 3.] 16 , 17 , 18 , 19 , 23 , of this Ordinance , the said expression shall not include bills of sale or other instruments herein before mentioned which may be given otherwise than by way of security for the payment of money. The expression Personal Chattels shall mean goods , furniture , and other articles capable of complete transfer by delivery, and ( when separately assigned or charged ) fixtures and growing crops , but shall not include fixtures ( except trade machinery as hereinafter defined ) , when assigned together with any interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow nor shares or interests in the stock , funds, or securities of any Government, or in the capital or property of incorporated or joint stock companies, nor choses in action , nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement ought not to be removed 1974 ORDINANCE No. 12 OF 1886. Bills of Sale. from any farm where the same are at the time of making - or giving of such bill of sale : Personal chattels shall be deemed to be in the apparent pos session of the person making or giving a bill of sale, so long as they remain or are in or upon any house, mill , warehouse, building, works , yard, land , or other premises , occupied by him , or are used and enjoyed by him in any place whatsoever notwithstanding that formal possession thereof may have been taken by or given to any other person : Registrar shall mean the Registrar of the Supreme Court or his deputy. Affidavit shall include any affirmation or declaration of any person by law allowed to make an affirmation or declara tion in lieu of an affidavit. Prescribed means prescribed by rules made under the provisions of this Ordinance . Applicationof 5. From and after the commencement of this Ordinance, trade Ordinance to trade machi machinery shall , for the purposes of this Ordinance, be deemed to be nery. [ 41 and 42 V. personal chattels, and any mode of disposition of trade machinery by the c . 31 , s. 5. ] owner thereof, which would be a bill of sale as to any other personal chattels , shall be deemed to be a bill of sale within the meaning of this Ordinance . For the purposes of this Ordinance , Trade machinery means the machinery used in or attached to any factory or workshop, 1st. Exclusive of the fixed motive- powers, such as the water wheels and steam engines , and the steam-boilers, donkey engines , and other fixed appurtenances of the said motive powers ; and, 2nd . Exclusive of the fixed power machinery , such as the shafts, wheels, drums, and their fixed appurtenances , which transmit the action of the motive -powers to the other ma chinery, fixed and loose ; and , 3rd. Exclusive of the pipes for steam , gas, and water in the factory or workshop.  ORDINANCE No. 12 of 1886 . 1975 Bills of Sale. The machinery or effects excluded by this section from the definition of trade machinery shall not be deemed to be personal chattels within the meaning of this Ordinance. Factory or workshop means any premises on which any manual labour is exercised by way of trade , or for purposes of gain , in or incidental to the following purposes or any of them , that is to say , (a. ) In or incidental to the making any article or part of an article ; or (b. ) In or incidental to the altering, repairing, finish ing, of any article ; or (c. ) In or incidental to the adapting for sale any article. 6. Every attornment , instrument , or agreement, not being a mining Certain in strumentsgiv lease, whereby a power of distress is given or agreed to be given by any ing powers of distress to be person to any other person by way of security for any present, future, or subject to this Ordinance. contingent debt or advance , and whereby any rent is reserved or made [ 41 and 42 V. c. 31 , s. 6. ] payable as a mode of providing for the payment of interest on such debt or advance, or otherwise for the purpose of such security only, shall be deemed to be a bill of sale, within the meaning of this Ordinance, of any personal chattels which may be seized or taken under such power of distress . Provided, that nothing in this section shall extend to any mortgage of any estate or interest in any land or tenement which the mortgagee, being in possession , shall have demised to the mortgagor as his tenant at a fair and reasonable rent . 7. No fixtures or growing crops shall be deemed , under this Ordi Fixtures or growing crops nance, to be separately assigned or charged by reason only that they are not to be deemed sepa assigned by separate words, or that power is given to sever them from rately assign ed when the the land or building to which they are affixed or from the land on which land passes by the same in they grow without otherwise taking possession of or dealing with such strument. land or building, or land , if by the same instrument any leasehold interest [41 and 42 V. č. 31 , s. 7.] in the land or building, to which such fixtures are affixed , or in the land on which such crops grow is also conveyed or assigned to the same persons or person. 1976 ORDINANCE No. 12 OF 1886 . Bills of Sale. The same rule of construction shall be applied to all deeds or instru ments , including fixtures or growing crops , executed before the commen cement of this Ordinance and then subsisting and in force, in all questions arising under any bankruptcy, liquidation , assignment for the benefit of creditors , or execution of any process of any Court, which shall take place or be issued after the commencement of this Ordinance . Bill of sale to 8. Every bill of sale shall be duly attested and shall be registered be void un less attested within seven clear days after the execution thereof, or if it is executed in and register ed . any place out of the Colony then within seven clear days after the time [45 and 46 V. c. 43, s. 8. ] at which it would in the course of post arrive in the Colony if posted immediately after the execution thereof, and shall truly set forth the consideration for which it was given ; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein . Avoidance of 9. Where a subsequent bill of sale is executed within or on the certain dupli cate bills of expiration of seven days after the execution of a prior unregistered bill sale. [41 and 42 V. of sale, and comprises all or any part of the personal chattels comprised in c . 31 , s. 9. ] such prior bill of sale, then , if such subsequent bill of sale is given as a security for the same debt as is secured by the prior bill of sale, or for. any part of such debt , it shall , to the extent to which it is a security . for the same debt or part thereof, and so far as respects the personal chattels or part thereof comprised in the prior bill, be absolutely void, unless it is proved to the satisfaction of the Court having cognizance of the case that the subsequent bill of sale was bonâ fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Ordinance. Mode of 10. A bill of sale shall be attested and registered under this Ordi registering. ――― [41 & 42 V. c. nance in the following manner : 31, s. 10. 45 & 46 V. c. 43, s. 10. ] ( 1. ) The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto . (2. ) Such bill, with every schedule or inventory thereto annexed or therein referred to, and also a true copy of such bill and of every such schedule or inventory, and of every attestation of the execution of such bill of sale together with an affidavit of the time of such bill of sale being made or given, and of its due execution and attestation ,  ORDINANCE No. 12 of 1886 . 1977 Bills of Sale. and a description of the residence and occupation of the person making or giving the same ( or in case the same . is made or given by any person under or in the execution of any process , then a description of the residence and occupation of the person against whom such process issued ) , and of every attesting witness to such bill of sale, shall be presented to and the said copy and affidavit shall be filed with the Registrar within seven clear days after the making or giving of such bill of sale. (3. ) If the bill of sale is made or given subject to any defeasance or condition , or declaration of trust not contained in the body thereof, such defeasance, condition , or declaration shall be deemed to be part ofthe bill, and shall be written on the same paper or parchment therewith before the registration, and shall be truly set forth in the copy filed under this Ordinance therewith and as part thereof, otherwise the registration shall be void. In case two or more bills of sale are given , comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels . A transfer or assignment of a registered bill of sale need not be registered . 11. The registration of a bill of sale, whether executed before or Renewal of registration. after the commencement of this Ordinance, must be renewed once at least [41 & 42 V. c. every five years, and if a period of five years elapscs from the registration 31 , s. 11. ] or renewed registration of a bill of sale without a renewal or further renewal (as the case may be ) , the registration shall become void. The renewal of a registration shall be effected by filing with the Registrar an affidavit stating the date of the bill of sale and of the last registration thereof, and the names, residences , and occupations of the parties thereto as stated therein, and that the bill of sale is still a sub sisting security. Every such affidavit may be in the form set forth in the schedule. A hereto. A renewal of registration shall not become necessary by reason only of a transfer or assignment of a bill of sale. 1978 ORDINANCE No. 12 OF 1886 . Bills of Sale. Bill of sale to have schedule 12. Every bill of sale shall have annexed thereto or written there of property under a schedule containing an inventory of the personal chattels com attached. [45 & 46 V. c. prised in the bill of sale ; and such bill of sale save as hereinafter men 43, s. 4.] tioned, shall have effect only in respect of the personal chattels specifically described in the said schedule , and shall be void except as against the grantor in respect of any personal chattels not so specifically described . Bill of sale 13. Save as hereinafter mentioned , a bill of sale shall be void except not to affect after acquired as against the grantor in respect of any personal chattels specifically de property. 45 & 46 V. c. scribed in the schedule thereto of which the grantor was not the true 43, s. 5.] owner at the time of the execution of the bill of sale. Exception as 14. Nothing hereinbefore contained shall render a bill of sale void to certain - things. in respect of any of the following things , ( that is to say ) : [45 & 46 V. c. 43, § 6. ] ( 1. ) Any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed. (2. ) Any fixtures separately assigned or charged and any plant or trade machinery where such fixtures plant or trade machinery are used in attached to or brought upon any land, farm , factory , workshop , shop , house, warehouse, or other place in substitution for any of the like fixtures , plant or trade machinery specifically described in the schedule to such bill of sale. Bill of sale 15. Personal chattels assigned under a bill of sale shall not be liable with power to seize except to be seized or taken possession of by the grantee for any other than the in certain ―――― events to be following causes : — void. [ Ibid. s. 7.] ( 1. ) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security ; ( 2. ) If the grantor shall become a brankrupt or suffer the said goods or any of them to be distrained for rent, rates or taxes ; (3. ) If the grantor shall fraudulently either remove or suffer the said goods or any of them to be removed from the premises ;  ORDINANCE No. 12 OF 1886 . 1979 Bills of Sale. ( 4. ) If the grantor shall not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent, rates and taxes ; ( 5. ) If execution shall have been levied against the goods of the grantor under any judgment at law ; Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the above mentioned causes apply to the Court or to a Judge thereof in Chambers , and such Court or Judge if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels or may make such other order as may seem just. 16. A bill of sale made or given by way of security for the payment Form of bill of sale. of money by the grantor thereof shall be void unless made in accordance [45 & 46 V. c. 43. s. 9.1 with the form in the schedule B hereto . 17. Every bill of sale made or given in consideration of any sum Bill of sale under $150 under one hundred and fifty dollars shall be void. to be void. [45 & 46 V. c. 43, s. 12. ] 18. All personal chattels seized or of which possession is taken after Chattels not to be removed the commencement of this Ordinance under or by virtue of any bill of or sold. [ Ibid. 8. 13. ] sale ( whether registered before or after the commencement of this Ordi nance ) shall remain on the premises where they were so seized or so taken possession of and shall not be removed or sold until after the expi ration of five clear days from the day they were so seized or so taken possession of. 19. A bill of sale to which this Ordinance applies shall be no protec Bill of sale not to protect tion in respect of personal chattels included in such bill of sale which but chattels against taxes for such bill of sale would have been liable to distress under a warrant or and rates. [Ibid. s. 14.] order for the recovery of taxes and rates . 20. The Registrar shall keep a book ( in this Ordinance called " the Form of register. register" ) for the purposes of this Ordinance, and shall , upon the filing [ 142 V. c. 31 , s. 12. ] of any bill of sale or copy under this Ordinance, enter therein in the form set forth in the schedule C hereto , or in any other prescribed form , the name, residence, and occupation of the person by whom the bill was made . or given (or in case the same was made or given by any person under or in the execution of process , then the name, residence, and occupation of 1980 ORDINANCE No. 12 OF 1886 . Bills of Sale. the person against whom such process was issued , and also the name of the person or persons to whom or in whose favour the bill was given ) , and the other particulars shown in the said schedule or to be prescribed under this Ordinance , and shall number all such bills registered in each year consccutively , according to the respective dates of their registration . Upon the registration of any affidavit of renewal , the like entry shall be made, with the addition of the date and number of the last previous entry relating to the same bill , and the bill of sale or copy originally filed shall be thereupon marked with the number affixed to such affidavit of renewal. The Registrar shall also keep an index of the names of the grantors of registered bills of sale with reference to entries in the register of the bills of sale given by each such grantor. Such index shall be arranged in divisions corresponding with the letters of the alphabet , so that all grantors whose surnames begin with the same letter ( and no others ) shall be comprised in one division , but the arrangement within each such division need not be strictly alphabet ical . Rectification 21. Any Judge of the Supreme Court, on being satisfied that the of register. [41 & 42 V. c. omission to register a bill of sale or an affidavit of renewal thereof within 31 , s. 14. ] the time prescribed by this Ordinance , or the omission or misstatement of the name, residence, or occupation of any person , was accidental or due to inadvertence, may in his discretion order such omission or mis statement to be rectified by the insertion in the register of the true name, residence, or occupation, or by extending the time for such registration on such terms and conditions ( if any ) as to security, notice by advertise ment or otherwise, or as to any other matter, as he thinks fit to direct . Entry of 22. Subject to and in accordance with any rules to be made under satisfaction . [41 & 42 V. c. and for the purposes of this Ordinance, the Registrar may order a memo 31 , s. 15.] randum of satisfaction to be written upon any registered copy of a bill of sale, upon the prescribed evidence being given that the debt ( if any ) for which such bill of sale was made or given has been satisfied or discharged . Copies may 23. Any person shall be entitled to have an office copy or extract be taken. [41 & 42 V. c. of any registered bill of sale, and affidavit of execution filed therewith , or 31 , s. 16. ] copy thereof, and of any affidavit filed therewith, if any , or registered affidavit of renewal , upon paying for the same at the like rate as for office copies of judgments of the Supreme Court, and any copy of a  ORDINANCE No. 12 OF 1886 . 1981 Bills of Sale. registered bill of sale , and affidavit purporting to be an office copy thereof, shall in all Courts and before all arbitrators or other persons , be admitted as primâ facie evidence thereof, and of the fact and date of registration as shown thereon . Any person shall be entitled at all reasonable times to [45 & 46 V. c. 31 , s. 16. ] search the register upon payment of 25 cents subject to such regulations as may be prescribed and shall be entitled at all reasonable times to inspect, examine and make extracts from any and every registered bill of sale without being required to make a written application or to specify any particulars in reference thereto upon payment of a fee of 25 cents for each bill of sale inspected . Provided that the said extracts shall be limited to the dates of execution , registration , renewal of registration and satisfaction, to the names , addresses and occupations of the parties to the amount of the consideration , and to any further particulars prescribed by any rules made under the provisions of this Ordinance . 24. Every affidavit required by or for the purposes of this Ordinance Affidavits, [41 & 42 V. c. may be sworn before the Registrar or before any commissioner empowered 31 , s. 17. ] to administer oaths in the Supreme Court. Whoever wilfully makes or uses any false affidavit or declaration for the purposes of this Ordinance shall be deemed guilty of wilful and corrupt perjury. 25. The fees hereunder stated and such other fees as may be Fees. [41 & 42 V. c. hereafter prescribed shall be paid to the Registrar who shall account for 31, s. 18 , see Ord. 10 of the same in like manner as is now done with respect to other fees received 1864, s. 5. ] by him, by virtue of his office , viz . : — On filing a bill of sale , .. ...... 50 cents . On filing the affidavit of execution of a bill of sale , ..50 cents. On the affidavit used for the purpose of re-registering a bill of sale ( to include the fee for filing ), ..... $ 1.25 For an official certificate of the result of a search in one name in any register or index under the custody of the Regis trar of bills of sale, ... $ 1.25 For every additional name, if included in the same certificate, ...... . ............ 50 cents .  1 1982 ORDINANCE No. 12 OF 1886 . Bills of Sale. For a duplicate copy or certificate if not more than three folios , ... 25 cents. For every additional folio, ... ..12 cents . For a continuation search if made within 14 days of date of official certificate ( the result to be endorsed on the certificate) , 25 cents. Rules. 26. Rules for the purposes of this Ordinance may be made and [41 & 42 V. c. 31 , s. 21.] altered from time to time by the like persons and in the like manner in which rules may be made under and for the purposes of the Supreme Court under section 24 of Ordinance No. 12 of 1873 . Until altered , added to, or annulled the rules contained in schedule D hereto shall be the rules under and for the purposes of this Ordinance. Time for re 27. When the time for registering a bill of sale expires on a Sunday gistration. [41 & 42 V. c. or other day on which the offices of the Supreme Court are closed , such 31 , s. 22. ] registration shall be valid if made on the next following day on which the office is open. Debentures to 28. Nothing in this Ordinance shall apply to any debentures issued which this Ord. does not " by any mortgage, loan or other incorporated company and secured upon apply. [ 45 & 46 V. c. the capital , stock or goods , chattels and effects of such company. 13. § 17. ] SCHEDULES . (A.) Form of affidavit I, (A. B.) , of do swear that a bill of sale, bearing date the day of under s. 11. 18 (insert date of bill) and made between (insert names and descriptions of the parties in the original bill of sale) and which said bill of sale ( or and a copy of which said bill of sale, as the case may be) was registered on the day of 18 (insert date of registration) is still a subsisting security . Sworn &c. (B. ) Form of bill of This indenture made the day of between A. B. of of sale under s. 16. the one part and C. D. of of the other part, witnesseth that in consideration of the sum of $ now paid to A. B. by C.D. the receipt of which sum the said A. B. hereby acknowledges (or whatever else the consideration may be) , be the said A. B. doth hereby assign unto C. D. his executors administrators and assigns, all and singular the several chattels and things specifically described in the schedule hereto  ORDINANCE No. 12 OF 1886 . 1983 Bills of Sale. annexed by way of security for the payment of the sum of $ and interest thereon at the rate of per cent. per annum (or whatever else may be the rate) . And the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid together with the interest then due by equal payments of $ on the day of (or whatever else may be the stipulated times or time ofpayment). And the said A. B. doth also agree with the said C. D. that he will (here insert terms as to insurance, payment of rent or otherwise which the parties may agree to for the maintenance or defeasance of the security) . Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C. D. for any cause other than those specified in section 15 of " The Bills of Sale Ordinance 1886." In witness, & c. Signed and sealed by the said A. B. in the presence of me E. F. (add witness' name, address, and description) . (C. ) Form of register under s. 20. By whom given (or against whom process issued) . (D.) 1. A memorandum of satisfaction may be ordered to be written upon a registered Memorandum of satisfaction of copy of a bill of sale on a consent to the satisfaction, signed by the person entitled to bills of sale. [R. S. C. England the benefit of the bill of sale, and verified by affidavit, being produced to the Registrar, order 61, r. 26. ] and filed in the Supreme Court. 1984 ORDINANCES Nos . 12 AND 13 OF 1886 . Bills of Sale. Sale of Land by Auction . Order for 2. Where this consent cannot be obtained , the Registrar may on application by inemorandum of satisfaction of summons, and on hearing the person entitled to the benefit of the bill of sale , or on bills of sale. [Ibid, r. 27.] affidavit of service of the summons on that person , and in either case on proof to the satisfaction of the Registrar that the debt (if any) for which the bill of sale was made has been satisfied or discharged order a memorandum of satisfaction to be written upon a registered copy thereof. Rules where 3. If the attesting witness and deponent is a solicitor, and described as such, the attesting witness is a solicitor. [Practice rules, entry of the satisfaction will be directed by the Registrar (the papers being otherwise England, 18×4, r. 14.] correct) as of course ; but under special circumstances the Registrar may accept any other deponent if satisfied that he if a proper person to attest and verify the signature and consent. [In forcefrom 12th July, 1886, under proclamation of the 10th July, 1886. ] No. 13 of 1886. An Ordinance entitled An Ordinance to amend the Law as to Sales of Land by Public Auction. [ 7th May, 1886. ] WHEREAS it is desirable to assimilate the law of the Colony to the law of England relating to the sale of land by public auction ; 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 Sale of Land [30 & 31 V. c. 48, § 1 . by Auction Ordinance, 1886." Commence 2. This Ordinance shall commence and take effect on a day to be ment of Ordinance. proclaimed by the Governor. [ Ibid. § 2. ] Interpreta 3. Auctioneer shall mean any person selling by public auction any tion of terms. [Ibid. § 3.] land , whether in lots or otherwise : Land shall mean any interest in any messuages , lands , or tene ments of whatever tenure within the Colony. Rule 4. The particulars or conditions of sale by auction of any land shall respecting sales without state whether such land will be sold without reserve , or subject to a re reserve. [Ibid. § 4. ] served price, or whether a right to bid is reserved. If it is stated that such land will be sold without reserve, or to that effect, then it shall not  ORDINANCES Nos . 13 AND 14 OF 1886 . 1985 Sale of Land by Auction. Dominican Mission Incorporation. be lawful for the seller to employ any person to bid at such sale, or for the auctioneer to take knowingly any bidding from any such person. 5. Where any sale by auction of land is declared , either in the Rule respect ing sale particulars or conditions of such sale , to be subject to a right for the subject to right of seller to bid , it shall be lawful for the seller or any one person on his seller to bid as he may behalf to bid at such auction in such manner as he may think proper. think proper. [Ibid. § 5.] 6. No opening of the biddings on any sale by auction of land Practice of opening under or by virtue of any order of the Supreme Court of Hongkong biddings order of , by shall , from and after the commencement of this Ordinance, be allowed , Court except on and the highest bonâ fide bidder at such sale, provided be shall have bid ground of fraud to be a sum equal to or higher than the reserved price ( if any ) , shall be discontinued. [Ibid. § 6.] declared and allowed the purchaser , unless the Court or Judge shall , on the ground of fraud or improper conduct in the management of the sale , upon the application of any person interested in the land (such applica tion to be made to the Court or Judge before the Registrar's certificate of the result of the sale shall have become binding ) , either open the biddings, holding such bidder bound by his bidding, or discharge him from being the purchaser, and order the land to be re- sold upon such terms as to costs or otherwise as the Court or Judge shall think fit . 7. Except as aforesaid , nothing in this Ordinance contained shall Supreme Court, &c. affect any sale of land made under or by virtue of any order of the in other respects Supreme Court or of any other Court having jurisdiction within the excepted from operation of Colony. Ordinance. [Ibid. § 7. ] [In force from 12th July, 1886, under proclamation of the 10th July, 1886. ] No. 14 of 1886. An Ordinance entitled An Ordinance for the Incorporation of the Procurator, in Hongkong, for the Dominican Missions in the Far East. [ 7th May, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 1. The Very Reverend FERNANDO SAINZ the Procurator in Hong Procurator in Hongkong, kong , for the Dominican Missions , ( also known in the Colony of Hong- for the Dominican kong as the Spanish Missions in China and Tonquin ) and holding the Missions in the Far East appointment of the Procurator, in Hongkong, for the said Missions in the to be a body corporate. Far East and his successors holding the said appointment and having 1986 ORDINANCE No. 14 OF 1886 . Dominican Mission Incorporation. placed in the hands of the Governor satisfactory proof of his appointment for the time being shall be a body corporate ( hereinafter called the said corporation ) and shall for the purpose of this Ordinance have the name of " The Procurator, in Hongkong , for the Dominican Missions in the Far East " and by that name shall have perpetual succession and shall and may sue and be sued in all Courts ofJustice and before all Magistrates in this Colony, and shall and may have and use a common seal, and the said seal may from time to time break, change, alter, and make anew as to the said corporation may seem fit , and the said corporation shall have full power to acquire, accept leases of, purchase, take , hold , and enjoy any land, buildings , messuages , or tenements of what nature or kind soever and wheresoever situate in the Colony of Hongkong and also to invest moneys on mortgage of any lands , buildings , messuages or tene ments in the said Colony or upon the mortgages or debentures , stock, funds, shares , or securities of any corporation or company carrying on business or having an office in the said Colony, and also to purchase and acquire all manner of goods and chattels whatsoever, and the said corpora tion is hereby further empowered from time to time by deed or deeds under its seal to grant, sell, convey, assign, surrender and yield up , mortgage, demise, re- assign, transfer or otherwise dispose of any lands , buildings, messuages, and tenements , mortgages , debentures, stock, funds and securities, goods and chattels by this Ordinance vested , or that may hereafter be vested in the said corporation upon such terms as to the said corporation may seem fit provided that due notice of such appointment. as Procurator in Hongkong and of the proof thereof having been placed in the hands of the Governor shall be given in the Government Gazette and such notice shall be sufficient evidence of the said appointment and of proof thereof having been made. Lands, &c.. now vested in 2. The lands, buildings , messuages and tenements situate lying and the Reverend being within the Colony of Hongkong and all mortgages , debentures, Father SAINZ and the late stocks , funds and securities , goods and chattels in the said Colony at the Reverend RIVAS, Right time of the passing of this Ordinance vested or purporting to be vested Reverend PAYO, Revd. in the said Very Reverend FERNANDO SAINZ in his own right or as trustee REIXACH, Reverend for or Procurator in Hongkong of the said Dominican Missions , or in the ECHEVAR RIA. Reverend name of the late Reverend FRANCISCO RIVAS , Reverend PEDRO PAYO , HERCE, and Reverend Reverend RAMON REIXACH, Reverend GREGORIO ECHEVARRIA , Reverend BURNÓ to be be vested in FRANCISCO HERCE , and Reverend GUILLERMO BURNÓ respectively as the corpora tion. trustees for the said missions, and all monies, securities for money, goods ,  ORDINANCES Nos . 14 AND 15 OF 1886 . 1987 Dominican Mission Incorporation. Peace Preservation. chattels , and effects whatsoever, the property of the said missions or purporting so to be are hereby transferred to and vested in the said corporation, but subject as regards the said lands , buildings, messuages and tenements to the payment of rents and the observance and perform ance of all the covenants, conditions and reservations contained in the Crown leases or under leases or mortgages under which the said lands , buildings or tenements are now or may hereafter be respectively held . 3. All deeds and other instruments requiring the seal of the said How the seal is to be used. corporation shall be sealed with the seal of the said corporation in the presence of the Very Reverend FERNANDO SAINZ or his attorney duly authorised or in the presence of any his successor holding the appointment of Procurator, in Hongkong, for the Dominican Missions in the Far East, or his attorney duly authorised and shall also be signed by the said Very Reverend FERNANDO SAINZ or his said attorney or by his said successor or his said attorney. 4. Nothing herein contained shall affect or be deemed to affect the Rights of the Crown re rights of Her Majesty the Queen , her heirs or successors , or of any bodies served. politic , or corporate, or other persons , except such as are mentioned in this Ordinance, and those claiming by, from, or under them . No. 15 of 1886 . An Ordinance entitled The Peace Preservation Ordinance, 1886 . [ 2nd June, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : PART I. Appointment of special constables. 1. Whenever it appears to the Governor that any tumult or riot Power to ap point special has taken place , or may be reasonably apprehended , and that the ordi constables. nary officers appointed for preserving the peace are not sufficient for the preservation of the peace, it shall be lawful for the Governor to authorize any Magistrate to summon , by writing in the form in schedule ( A ) , before him, any number of persons resident, or being then within the 1988 . ORDINANCE No. 15 OF 1886 . Peace Preservation . Colony, then and there to be appointed and to act as special constables within the said Colony, so long as the said authority shall remain in force. Provided that , it shall be lawful for the said Magistrate , if it appears to him upon the oath of any person that there is good and sufficient cause to believe that any person intended to be appointed a special con stable is concealing himself in order to avoid service of the summons , or that he is likely to disobey the same, to issue , a warrant , in the form of schedule ( B ) in the first instance for the purpose of bringing before him persons so to be appointed . Power of 2. Every special constable shall have the same powers for the special constables. preservation of the peace, the prevention of offences, the apprehension of offenders, and for all other purposes, and the same privileges, pro tection , and immunities, as the members of the Police Force enrolled under the Police Ordinance , except as to pay and pension , or other reward, and shall be subject to the orders of the Governor , the Magis trates , the Captain Superintendent of Police, and any one or more Justices of the Peace for the Colony, who shall be authorized by the Governor to act in that behalf. Penalty for 3. Any person required to serve as a special constable under this refusing to appear. Ordinance, who shall refuse , or otherwise omit without reasonable excuse , to appear as special constable , shall be liable on summary conviction thereof by a Magistrate to imprisonment with or without hard labour for any term not exceeding two months , or to pay a penalty not exceeding one hundred dollars , or to both . Penalty for 4. Any person so appointed a special constable, and called upon to refusing to act. serve, who , without reasonable excuse, shall neglect or refuse to serve and to obey such lawful orders and directions as may be given to him for the performance of the duties of his office, as provided in the third [ " second " as amended by Ordinance No. 29 of 1888, (repealed) and by Ordinance No. 18 of 1890 ] section of this Ordinance , shall , on summary conviction before a Magistrate, be liable to imprisonment , with or without hard labour for any term not exceeding two months, or to pay a penalty not exceeding one hundred dollars, or to both : Pro Proviso. vided always, that no person shall be subject to any penalty under this section who shall be unable to perform the duties of a special constable, by reason of old age , sickness , or other infirmity, proved to the satisfac tion of the said Magistrate .  ORDINANCE No. 15 OF 1886. 1989 Peace Preservation. PART II . Proclamations of the Peace. 5. Whenever it shall appear to be necessary for the preservation of Proclamation may be issued . the public peace of the Colony, it shall be lawful for the Governor in Council declare by proclamation to be published in the Gazette that the said Colony shall be subject to the following provisions of this Ordi nance, and every such proclamation shall remain in force until cancelled by Government Notification published in the Gazette. 6. Whenever and wherever the peace is being broken during the Assistance from by existence of any proclamation under this Ordinance, it shall be lawful standers. for the Governor, or Colonial Secretary or any Justice of the Peace, to call upon all by-standers and persons in the vicinity to give their aid in preserving the peace and in apprehending persons breaking the peace , and every person without lawful excuse refusing or omitting to give . such aid, shall be liable on conviction thereof to imprisonment with or without hard labour for a term not exceeding three months , or to pay a penalty not exceeding fifty dollars . 7. Whenever any persons shall be found during the existence of a Riotous assembly. proclamation under this Ordinance, unlawfully, riotously, or tumult uously assembled to the disturbance of the peace and to the terror of Her Majesty's subjects , any Justice of the Peace may, in an audible voice, warn such persons that they are acting in contravention to law, Warning. and require them to disperse and depart to their habitations , or to their lawful business ; and all persons remaining so assembled , after such warning, may be dispersed and taken into custody by any officer or constable of Police, or special constable, or by any other person acting under the orders of a Justice of the Peace, and shall be liable on sum Penalty. mary conviction before a Magistrate to imprisonment with or without hard labour for a term not exceeding three months, or to pay a penalty not exceeding fifty dollars, and if any person or persons so warned to disperse, shall be hurt, maimed, or killed in the dispersing, seizing , or apprehending, or endeavouring to disperse , seize , or apprehend, the persons hurting, maiming, or killing him or them shall be free, dis charged, and indemnified from the consequences , except on evidence of gross carelessness , wantonness , or malice. 1990 ORDINANCE No. 15 OF 1886 . Peace Preservation. Carrying 8. During the continuance of any proclamation under this Ordi arms. nance , it shall not be lawful for any person, unless in the employment of Government , or unless authorized thereto by the Governor, to carry on his person, or have in his possession , any arms or instruments capable of being used as offensive arms, unless they be the tools of his trade, or unless he can show that they are intended to be used for some lawful purpose, of which the burden of proof shall lie on him, nor any ammuni tion for such arms or instruments . Justices of It shall be lawful for any Justice of the Peace acting under the the Peace may search powers prescribed by the third [ " second " as amended by Ordinance No. houses for arms. 18 of 1890] section of this Ordinance, to enter with or without a written warrant and with or without assistance, and to authorize any officer or constable of Police, or special constable to enter with or without a written warrant, and with or without assistance, and using in either case force if necessary , into any dwelling house or other building, and into any place in which he may suspect that any such arms or instruments or ammuni tion may be, contrary to the provisions of this Ordinance , and such arms and instruments or ammunition may be seized and confiscated . Penalty. Every person found carrying or having in his possession any arms or instruments or ammunition as aforesaid , except such as in respect to their nature and quantity, and having regard to his profession , occupation , and station in life, may reasonably be expected in the opinion of the Magistrate to be in his possession, contrary to the provisions of this Or dinance, shall be liable on summary conviction before a Magistrate to a fine not exceeding two hundred dollars , or to imprisonment with or with out hard labour, for a period not exceeding six months , or to both. Offences 9. All persons remaining unlawfully, riotously, or tumultuously against sec tions 5 , 7, assembled after having been warned by a Justice of the Peace under and 8. section 7 , and all persons found carrying arms contrary to the provisions of section 8 in either case during the existence of any proclamation under Whipping. section 5 , shall be liable to whipping, in place of or in addition to any other penalty prescribed by this Ordinance. What whip Such whipping shall be inflicted with a rattan not exceeding half ping may be inflicted . an - inch in diameter, and shall not exceed thirty strokes . Powerto enter 10. During the continuance of any proclamation under this Ordi houses and to arrest. nance, any Justice of the Peace, may enter with or without assistance , or may order any officer or constable of police, or special constable, or  ORDINANCE No. 15 OF 1886 . 1991 Peace Preservation, other person to enter without a warrant and with or without assistance, using force in either case if necessary, into any dwelling house or other building, or into any place in which he may have reasonable cause to suspect that persons lately riotously assembled or engaged on any un lawful purpose, have made their escape, or in which he may have reason able cause to suspect that persons about to break the peace are assembled , and may apprehend and take into custody the said persons, and every person so arrested may be detained until he can be conveniently brought before a Magistrate to be dealt with according to law. 11. Any person during the continuance of any proclamation under Combination to stop trade. this Ordinance, unlawfully combining to procure a stoppage of the sale or transit from place to place of provisions or other articles, or unlawfully combining to procure shopkeepers , dealers , or other persons to discontinue the sale or transit from place to place of provisions or other articles , or preventing or endeavouring to prevent any person from purchasing or from being supplied with any such articles , shall , on summary conviction thereof before a Magistrate be liable to imprisonment with or without hard labour for any term not exceeding three months , or to a fine not exceeding fifty dollars, or to both. PART III. Banishment. 12. Whenever during the existence of any proclamation under this Information. Ordinance, it shall be represented by the Captain Superintendent of Police to the Governor in Council , on written information, that the re moval from the Colony of any person not a natural born subject of Her Majesty, whether such person shall have been naturalized under the pro visions of any Colonial Ordinance or not, is necessary for the public safety, it shall be lawful for the Governor in Council, if it shall appear to him after making such enquiry as to him may seem sufficient , to be necessary for the public safety that such person should be banished from the Colony, to issue an order banishing such person from the Colony, in such manner as to the Governor in Council may seem expedient ; and the Governor may take such steps as may be necessary for carrying into effect the said order of banishment in the manner prescribed ; and any person so ordered to be banished may be detained by order of the Punishment. Governor, in any place, or on board any ship in the waters of the Colony, 1992 ORDINANCE No. 15 OF 1886. Peace Preservation. pending the carrying into effect of the order of banishment, and if he shall be found in the Colony after the time fixed for his departure in the order of banishment, which shall in no case be less than seven days from the date of the order, he may be arrested without warrant by any Justice of the Peace or officer or constable of Police and shall , on being brought before a Magistrate be liable to a fine not exceeding five hundred dollars , and shall be liable to be detained in such prison or place on shore, or on board such ship , in the Colony, as the Governor may appoint , until his Banishment. banishment from the Colony can again be carried out in the manner hereinbefore provided ; and if it shall appear that any person so ordered to be banished is a naturalized British subject as aforesaid , the order of Status of banishment shall further declare the status of naturalization of such naturaliza tion. person to be suspended ; such suspension, being subject to confirmation or disallowance by Her Majesty , through one of Her Majesty's Principal Secretaries of State, and such confirmation or disallowance of such order shall be published in the Government Gazette of the Colony. Report to Every order of banishment made under this Ordinance shall be Secretary of State. forthwith reported by the Governor to Her Majesty's Principal Secretary of State for the Colonies . The provisions of this section shall not be construed to limit any powers in relation to banishment conferred on the Governor in Council under Ordinance 8 of 1882. Indemnity. 13. No person acting in good faith under the provisions of this Ordinance shall be liable in damages or otherwise for any act done by him in pursuance of the obligation and duty imposed or reasonably supposed to be imposed on him by this Ordinance .. Schedule (A. ) SUMMONS . To WHEREAS His Excellency the Governor has authorized the appointment of special constables in this Colony, and whereas you are appointed to be a special constable in this Colony. These are therefore to require you to attend at the Police Court in this Colony [⚫ to be] (instanter, or at o'clock on instant), there* enrolled as a special constable, under Ordinance No. of 18 " and herein fail not. Given at this day of 188 . Magistrate.  ORDINANCES Nos. 15 AND 16 OF 1886. 1993 Peace Preservation. Stamp. Schedule (B.) WARRANT. Το Captain Superintendent of Police, and all Police officers. WHEREAS His Excellency the Governor has authorized the appointment of special constables in this Colony, and whereas A B has been appointed to be a special constable in this Colony. These are therefore to require you to bring before a Police Magistrate, in this Colony, the said A B (instanter) there to be enrolled as a special constable, under Ordinance No. of 18 Given this day of 188 . Magistrate. NOTE.- Parts II & III were brought into force by proclamation under section 5 ofthe 26th April, 1888, see Gazette of same date : which proclamation was cancelled in Government notification of 2nd June, 1888. See Gazette of the same date. * The notification erroneously refers to the proclamation published in Gazette of the 26th uitimo, i . e. May. No. 16 of 1886. An Ordinance entitled The Stamp Ordinance 1886. [ 21st May, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the Preamble. BE ―― Legislative Council thereof, as follows : 1. In the construction of this Ordinance the term Collector shall Definitions. include the person 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 . Material. Executed and execution , with reference to documents not under seal Execution. shall mean signed and signature respectively. 2. The present Collector and all other officers of the Stamp Office Officers continued . are hereby continued in their offices . There shall be one general Stamp Office. Office for the Colony, and such subsidiary stamp offices as the Governor Subsidiary offices. may from time to time in his discretion appoint. 1994 ORDINANCE No. 16 OF 1886 . Stamp. Staff. 3. The Governor may from time to time appoint and remove a chief officer who shall have the control and management of the Stamp Office, and such other officers as may from time to time be required to carry on the business of the Stamp Office. Duty payable 4. For every document executed after the coming into force of this under sche dule. Ordinance of any of the kinds specified by the schedule as requiring stamps , there shall be payable 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. Governor in 5. The Governor in Council may from time to time make and when Council may lower or made, revoke, add to or alter rules , fixing lower rates of duty than those abolish duties. specified in the schedule , or exempting from duty any of the documents May make mentioned , in the schedule, and prescribing the form , size, and material rules. of the stamps to be used , and the mode and place of impressing, affixing , or denoting thereupon the value of the same under the provisions 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. Penalties for 6. Every person who commits any of the following offences shall, non-stamp ing, &c. on summary conviction thereof before a Magistrate , be liable to a penalty - not exceeding one hundred dollars , that is to say : 1. Drawing, accepting , issuing, 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 docu ment upon which an adhesive stamp has been affixed under this Ordinance without cancelling the said stamp so that it cannot be used again. 3. Any breach of this Ordinance not specially provided for.  ORDINANCE No. 16 of 1886 . 1995 Stamp. 7. Every person who commits any of the following offences shall, Penalties for frauds. on summary conviction thereof before a Magistrate, be liable to a penalty not exceeding five hundred 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 con sideration money or amount involved . Execution out of the Colony. 8. All documents whatever executed out of the Colony shall , when Execution out of Colony. brought into force or registered within the Colony , be liable to the same rates of stamp duty as if they had been executed within the Colony. Reception in evidence. 9. Except as otherwise provided by this Ordinance, no document Unstamped documents liable to stamp duty under this Ordinance shall be received as creating , not received in evidence. transferring , or extinguishing 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 according to this Ordinance or in accordance with the law in force in the Colony at the time it was executed . Stamping after execution . 10. Any Civil Court may direct the Collector to stamp and receive Powers of Court. the duty and penalty , if any, upon any document which may be stamped after execution under this Ordinance . Such duty and penalty shall be paid into Court, and shall be remitted to the Collector with the document to be stamped after the document has been admitted in evidence. 1996 ORDINANCE No. 16 of 1886 . Stamp. Powers of Collector. The Collector of stamp duty may stamp documents after execution in cases where he shall be satisfied that the omission or neglect to stamp or to stamp sufficiently did not arise from any intention to evade pay ment to stamp duty or otherwise to defraud, subject to the following - rules : 1. Transfers of shares shall not be stamped until the numbers of the shares and the consideration money are entered , when they may be stamped before execution subject to the provisions of article 35 of the schedule. 2. 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 . 3. Bills of exchange and promissory notes executed in the Colony shall not be stamped after execution . 4. In all other cases of stamping after execution there shall be charged as a penalty, 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 from urgent necessity or unavoidable accident, he shall remit the penalty prescribed by this section .He may require sworn or other evidence as to the circumstances at his discretion . Adjudication. Adjudication. 11. Whenever any person is in doubt respecting the proper amount of stamp duty 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 . If the Collector is of opinion that the document is not chargeable with any duty he may stamp such document with a particular stamp denoting that it is not chargeable with any duty, or may make an entry to that effect on such document, in addition to which he shall impress it with the adjudication fee stamp.  ORDINANCE No. 16 OF 1886 .. 1997 Stamp. 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 Spoiled damaged , spoiled , or unfit for use, the Collector, on its delivery to him , be allowed . may supply the owner of such 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 un foreseen circumstances before completion , such allowance may be made within six months of spoiling. 2. In the case of executed documents found unfitted for the purpose originally intended by errors therein, or the execu tion of which cannot be completely carried out by reason of the death or refusal to sign of any person or other un foreseen 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. 13. When the duty with which an instrument is chargeable depends Denoting stamp. [33 in any manner upon the duty paid upon another instrument, the payment and 34 Vict. c. 97 sect . 14. ] of such last-mentioned duty shall , if application be made to the Collector for that purpose , and on production of both the instruments , be denoted in such manner as the Collector thinks fit upon such first- mentioned instrument. 14. The expense of the stamp for any bill of exchange or promissory Cost of stamps. note shall be 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 . 15. All decisions , orders , or acts of the Collector may be reversed or Collector's acts revised modified by the Governor . And whenever any person shall suppose any by Governor. decision of the Collector with reference to any document tendered by such 1998 ORDINANCE No. 16 of 1886. Stamp. 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 his Appeal from Collector. deputy , may order the payment of the duty in dispute, or may make such other order as may be necessary under the circumstances . Refund of 16. The Governor may order a refund by Treasury warrant of the probate duty. whole or any 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 payment of probate duty on the same estate elsewhere, assignment or diminution of value of the estate, discharge of debts , or other reasonable cause. Government 17. The Government shall not be responsible for the loss of or for not responsi ble for loss of damage to any document tendered for stamping , whilst in the custody or damage to document. of the Collector, nor shall any officer of the Stamp Office be responsible for such loss or damage, unless he shall have caused it wilfully, fraudu lently, or by gross negligence. Offences. Forging 18. Every person who forges, alters , or imitates , or assists in forg stamps, &c. ing, altering or imitating any stamp used for the purposes of this Ordi nance 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 meanings of this notice. Uttering, and 19. Every person who uses , utters , disposes of, puts off, or without possession. lawful excuse 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 20. Every person who fraudulently removes an adhesive stamp marks, and possession. from any document , or wilfully removes or attempts to remove from any adhesive stamp any mark that has been made thereon by way of cancel lation , 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. Penalties. 21. Every person who is convicted of any felony under this Ordi nance shall be liable, at the discretion of the Court , to be kept in penal  ORDINANCE No. 16 OF 1886 . 1999 Stamp. 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 convicted 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. 22. It shall be lawful for all Courts and Magistrates, and for the Impounding unstamped Collector, and for all persons employed for the sale and distribution of documents. stamps , and they are hereby 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. 23. No person shall be proceeded against under section 6 or 7 of Limit of pro secutions. this Ordinance except within two years from the date of the offence nor without the consent of the Attorney General. 24. Ordinances No. 15 of 1884 and 2 of 1885 are hereby repealed , Repeal. but such repeal shall not affect anything lawfully done or suffered there under or under any orders in Council made thereunder , or any prosecu tion or any other proceeding for any thing done contrary to the provisions of the same while the same were in force. 25. This Ordinance shall come into force on a day to be fixed by Suspending clause. proclamation 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 amoun of stamp duty to be levied on any docut $1 . ment, ...... 2000 ORDINANCE No. 16 OF 1886 . Stamp. 2. Agreement, or any memoran- ) dum of an agreement, under hand only, and not otherwise specially charged with any duty, whether the same be only evi 50 cents . dence of a contract or obligatory on the parties from its being a written instru ment, ....... Note. -Agreements as to letting or tenancy are in all cases chargeable as leases . See articles 22 and 24. Agreement or contract accompa nied with the deposit of title deeds to any immovable property or for securing the See Mortgage, 26. payment or re-payment 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 ofany ship for 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 $ 50 . to his admission as an attorney or soli citor, ..... Assignment, by way of security, See Mortgage, 26. or of any security,..... } Upon a sale, ... See Conveyance, 14. 5. Attested Copy of any docu ment chargeable with stamp duty under $1. this schedule, ........ Average Statement, .... See Bond, 10. 6. Bank Cheque payable on de 2 cents . mand to any person, to bearer, or order, ... ( Two-thirds per cent. per annum on the average value of such notes in circula tion . To be collected monthly on a 7. Bank Notes , or other obliga statement thereof to be furnished by tions for the payment of money issued by each banker or banking company to any banker or banking company in the the Collector of Stamp Revenue at the Colony for local circulation and payable end of each month, and to be signed by to bearer on demand , …………………. the banker, or manager, or agent, and by the accountant of such banker or banking company. 8. Bill of Exchange drawn out of but payable on demand within the Co 2 cents . lony, not being a cheque, and bearing the date on which it was made, ..……………………….  ORDINANCE No. 16 OF 1886. 2001 Stamp. Bill of Exchange of any other kind whatsoever except a cheque or bank note and Promissory Note of any kind whatsoever except a bank note . From $ 00 to $ 10, ......... .Free. 10 99 $ 3 .2 cents . i∞ss "" $ 50, ……………. is ∞ $ 99 50 99 $ 250, ........... .5 99 $ $ 99 250 39 500,.. .10 99. $ 99 500 21 $ 1,000,........ .20 "" 99 $ 1,000 ,, $ 2,000... .50 99 99 $ 2,000 ,, $ 3,000 , ..... $ 1.00 "" $ 3,000 ,, $ 5,000,. ..$ 1.50 29 $ 5,000 ,, $ 10,000,. 10,000 ,......... $2.00 99 $ 10,000 ,, $ 15,000 , ....... . $3.00 Every $ 5,000 additional or part thereof,...... $0.50 Note. 1. - A bill of exchange for exactly $50 is to be charged 2 cents, and so throughout the table. Note 2.-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 5 cents the first part of the set shall be charged 3 cents, and the other parts 2 cents each. [ See Order in Council 7th April, 1887. ] Note. 3.- In the case of bills in sets drawn out of the Colony, the whole duty shall be payable on that part of the set which is first presented for payment or acceptance, or is first otherwise negotiated, the other parts of the set being free. 9. Bill of Lading, or ship's receipt where bills of lading are not used , for each 10 cents . part of every set, ........ .... Exemption .- Bill of lading for goods shipped by any Government Officer on account of Government. 10. Bond, or other obligation con cerning Respondentia and Bottom 10 cents for every $ 100 or part thereof. ry, and average statement, or bond where no statement is drawn up, Bond for securing the payment or repayment of money not otherwise pro vided for, or for the transfer or re-transfer See Mortgage, 26. of stock, or accompanying the deposit of title deeds to any immovable property,.... Bond, .... See also Articles 4, 20, 21 , 33. 11. Broker's Note, or any docu ment having reference to the sale or pur 50 cents. chase of any merchandise , given by any broker, ... .....  2002 ORDINANCE No. 16 of 1886. Stamp. 12. Charter Party, or any agree ment or contract for the charter or hiring of any sea-going ship or vessel, to be 10 cents for every $ 100 or part thereof. charged on the estimated freight, ........ 13. Copy Charter. Vessel under 200 tons, each copy , $1. 99 over 200 99 "" $ 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 consideration money, such conside ration money to include any sum payable by the purchaser in respect of any mort 30 cents for every $ 100 or part thereof. gage or other debt remaining upon the property purchased, or released by such purchaser to the vendor. (See also ar ticle 17 ) , ........... …….. Exemption. Transfer by mere endorsement of a duly stamped bill of exchange, promissory note or other negotiable instrument, or of a bill of lading. Bill of sale for Chinese junk. 15. Copartnership , Deed or other instrument of, ....... $2. 16. Declaration of Trust, ...... $ 10. [see order in 17. Deed or other instrument of Couned 8th October, 1886.] Gift, assignment, or exchange, where no money consideration, or a merely nominal $25. money consideration passes,.... Deposit of title deeds, See Mortgage , 26 . 18. Duplicate or counterpart of any document chargeable with duty under this schedule, to be affixed on the produc tion 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. 99 $ 10 » $20, $2. Over $20 $3. Note. The duplicate or counterpart of any instrument chargeable with duty is not to be deemed duly stamped unless it appears by some entry made by the Collector or by some stamp impressed thereon that the full and proper duty has been paid upon the original instrument of which it is a duplicate or counterpart or unless it is stamped as an original instrument.  ORDINANCE No. 16 OF 1886. 2003 Stamp. 19. Emigration Fees , under the [ See Ordinance No. 1 of 1889, Emigration Consolidation Ordinance 1874. Schedule (1) 11.] Application for a certificate, $ 1. Certificate,...... $ 1. Equitable charge, ........ See Mortgage, 26. 20. Foreign Attachment Bond, I $1 for every $ 100 or part thereof. in the Supreme Court, either Jurisdiction. f Guarantee, .... See agreement, 2 . 21. Every Instrument in writing under seal , not otherwise specially $ 10. charged with duty 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 30 cents for every $ 100 or part thereof. or otherwise contingent, in consideration of a sum of money paid in the way of premium, fine, or the like, if without rent, 23. Lease, executed in pursuance of $1. a duly stamped agreement for the same. 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 Thirty years ,. 50 "" thereof. 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 Hypothecation accompanying deposit of documents of title to any moveable Referring to particular property, $ 1 . property, or bond, or other instrument of Duplicate, 10 cents. General, $2. guarantee in respect of such 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 . 2004 ORDINANCE No. 16 of 1886 . Stamp. (i.) Being the only, or principal, or primary security, and also where any 10 cents for every $ 100 or part thereof. further money is added to the money already secured , ........... ...... (ii . ) Being a collateral or auxiliary ] or additional or substituted security, other than a mortgage executed pursuant to a duly stamped agreement for the same, or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped, and for every extension of the time of an original mortgage 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, surrender, resurrender, warrant to vacate, or renunciation of any such security as 1 cent for every $ 100 or part thereof. aforesaid, or of the benefit thereof, or of the money thereby secured , (v.) Mortgage executed in pursuance of a duly stamped agreement for the $1. same, …………………. 27. Any Notarial Act whatsoever not otherwise charged with duty in this $1 . schedule, ....... 28. Note of Protest by any com mander or master of a vessel, or with 25 cents . regard to any promissory note or bill of exchange, ...... 29. Policy or risk note of marine , fire, life or other insurance, for each 10 cents. copy, and every renewal, 30. Power of Attorney,... ....... $2. 31. Probate, or letters of admi nistration, with or without the will an nexed, to be calculated upon the value of the estate and effects for or in respect of | which such probate or letters of admi $ 1 for every $ 100 or part thereof. nistration shall be granted, exclusive of what the deceased shall have been pos sessed of or entitled to as a trustee for any other person or persons and not benefi cially, ... Exemption. -Administration Bonds and Estate under $250.  ORDINANCE No. 16 OF 1886. 2005 Stamp. Reassignment . See Mortgage, 26. [32. Receipt or discharge given for the payment of money, or in acquittal of a debt paid in money or otherwise, when the 3 cents . sum received , discharged or acquitted ex ceeds $ 10, .... Exemptions. - Letter acknowledging the arrival of a currency or pro missory note, bill of exchange, or any security for money, receipt or debit note for the premium on a duly stamped policy of insurance. Receipt given by any officer or soldier of Her Majesty's forces stationed in the Colonyfor money paid out of imperial revenue. Repealed by Ordinance No. 14 of 1890 and new Article substituted.] 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 employed by him, or for the safe custody of money or property to be entrusted to him, or for the proper The same duty as a mortgage, see Article carrying on of business to be conducted by 26, i. & ii. him , or for the discharge of his responsibi lities arising from such business, whether such security shall be given by the binding ofother persons, or by the deposit of money or valuable property or by deposit of the title deeds to any property or by any assignment, foo 34. Settlement. Any instrument, } whether voluntary or upon any good or valuable consideration, other than a bonâ fide pecuniary consideration, whereby any definite and certain principal sum of money 30 cents for every $ 100 or part thereof of (whether charged or chargeable on lands the amount or value of the property or not, or to be laid out in the purchase of settled or agreed to be settled. lands or not) 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 of appointment created by a previous settlement stamped with ad valorem duty in respect of the same property, or by will, where probate duty has been paid in respect ofthe same property as personal estate of the testator. 35. Settlement executed in pursu ance of a duly stamped agreement for the $1. same, ..... 36. Transfer of Shares or stock in any public company, to be computed on the market value of such shares on the day 10 cents for every $ 100 or part thereof. of stamping, which, if doubt arises, the Collector shall decide subject to section 15 of this Ordinance . 2006 ORDINANCE No. 16 of 1886 . Stamp. (ii. ) Transfer for a nominal amount, I to be approved by the Collector, ....... }| $1. Exemption. - Scrip certificate. GENERAL EXEMPTIONS. Any document made or executed by or on behalf of Her Majesty or of any depart ment 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 ofHer 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 June, 1886, under proclamation of the 22nd May, 1886. ] Order made bythe Governor in Council under the Stamp Ordinance 1886, the 4th day of June, gazetted the 5th June, 1886. It is hereby ordered as follows : 1. The adhesive stamps to be used under the above-mentioned Ordinance shall be of the following values : 1 Cent. 25 cents . 2 Cents. 30 "" 3 "" 50 "" 5 22 $ 1.00 10 99 $ 1.50 12 "" $10.00 2. The impressed stamps shall be of the following values : 235 1 cent. 20 cents. $ 1.25. $ 4.50. $ 10.50. 2 cents. 25 .. $1.50. $ 5.00. $ 20.00. 30 $ 6.00. 36 $2.00. $ 25.00. 33 99 50 "" $2.50. $ 6.50. $ 40.00. 10 75 $3.00. $ 8.50. 30 99 $ 50.00. 15 "" $1.00. $4.00. $10.00. $100.00. and a stamp bearing the words Adjudication fee paid. 3. The above stamps shall be of the form, size, and design of the specimen stamps enclosed in a case for public inspection at the Stamp Office.  ORDINANCE No. 16 OF 1886. 2007 Stamp. 4. Adhesive stamps may be used for the following classes of documents, and for no others : Bills of exchange drawn out of the Colony, Cheques, Renewals of policies of insurance, Receipts , but impressed stamps may be used for any of the above documents. 5. No bills of exchange in sets shall be stamped in which the words First and Second, or First, Second, and Third are left blank, nor in which the words Second of the same tenor and date being unpaid, or the like, are wholly or partly left blank. 6. Every promissory note in the Chinese language shall bear an impressed stamp of the value required by the schedule, which impressed stamp shall be placed on the upper edge of a printed border similar to the specimens enclosed in a case for public inspection at the Stamp Office. All the writing of such note must be within the said border, which is to be taken as part of the impressed stamp required for such promissory note. 7. The size or shape of such border, and the devices or characters accompanying it, may be varied from time to time at the discretion of the Collector. Order made by the Governor in Council under section 5 of the Stamp Ordinance, (No. 16 of 1886) , the 8th October, and gazetted the 9th October, 1886. His Excellency the Officer Administering the Government is pleased to order that the duty charged under article 17 of the schedule to Ordinance 16 of 1886, on a deed of assignment where no money consideration or a merely nominal money consideration passes shall be $ 10 in cases where such deed of assignment is merely confirmatory of an assignment of which the full conveyance duty has been paid. The Collector of Stamp Revenue shall, unless the two deeds referred to in the foregoing paragraph are comprised in one and the same document, denote by an entry under his hand made upon the deed stamped with the $10 duty, that the full conveyance duty (if more than $10) has been paid upon the other. Order made by the Governor in Council under section 5 ofthe Stamp Ordinance (No. 16 of 1886), the 7th and gazetted the 9th April, 1887. The Governor in Council is pleased to order that the duty charged under article 8 of the schedule to Ordinance 16 of 1886 on a bill of exchange drawn out of and payable on demand out of the Colony , when such bill of exchange is negotiated within the Colony, shall be two cents. 2008 ORDINANCES Nos. 17 AND 18 OF 1886 . Opium. Board of Ship Liquor Sale. No. 17 of 1886 . An Ordinance entitled The Opium Ordinance, 1886. [ 21st May, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Construction. 1. This Ordinance and the Opium Ordinance 1884, * hereafter called [*No. 1 of 1884.] the principal Ordinance shall be construed together as one Ordinance to be called The Opium Ordinances 1884 and 1886. Definition. 2. In the construction of the above named Ordinances : Ship shall include junks, sampans, boats and every kind of vessel used for the conveyance of persons or things. Powers of 3. The powers given to inspectors of Police by section 27 of the excise officer. principal Ordinance with reference to the searching of ships , and the seizure of opium on board of such ships may also be exercised by any excise officer. Powers of Justices of 4. The powers given to Magistrates by section 28 of the principal the Peace. Ordinance to issue search warrants may be exercised by any Justice of the Peace , and such search warrants may be issued and executed on Sundays as well as on other days. No. 18 of 1886. An Ordinance entitled An Ordinance to prevent the sale or con * veyance on board Ship of any Spirituous or Fermented Liquor, and to prohibit the hovering near or about Ships of any persons in boats for the purpose of selling or taking on board Ship of such liquor. [ 30th November, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE - Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Board of Ship Liquor Sale Ordinance, 1886. Interpreta 2. In this Ordinance unless the context indicates the contrary : tion. Ship shall mean any of Her Majesty's ships or vessels , and any description of vessel used in navigation not propelled by oars, but shall not include Chinese junks or lorchas not propelled by steam.  ORDINANCES Nos . 18 AND 19 OF 1886 . 2009 Board of Ship Liquor Sale. Reformatory Schools. 3. It shall not be lawful for any person to bring on board any ship Conveying liquors. any spirituous or fermented liquor of any description , without the previous consent of the officer commanding or the master of the ship on board of which the same may be brought ; and it shall be lawful for any officer in Her Majesty's Service, any master of any ship or warrant or petty officer of the Navy or non- commissioned officer of Marines with or without scamen or persons under his command or orders to search any boat hovering about or approaching or which may have hovered about or approached any ship and if any spirituous or fermented liquor be found on board such boat to seize such spirituous or fermented liquor, and the same shall be forfeited to Her Majesty ; and if any person shall bring any spirituous or fermented liquor on board any ship without such previous consent aforesaid, or shall approach or hover about any ship for the pur pose of bringing any spirituous or fermented liquor on board the same, without such previous consent, or for the purpose of giving or selling, without such previous consent , spirituous or fermented liquor to men in Her Majesty's Service or on board of any ship, every such person shall , upon a summary conviction thereof before a Magistrate forfeit and pay any sum not exceeding fifty dollars for every such act or offence ; and it shall be lawful for any officer in Her Majesty's Service or any master of any ship or any such warrant or petty officer, or non- commissioned officer as aforesaid, or for any constable, with or without any warrant or other process, to apprehend or cause to be apprehended any such offender or person so acting and to bring him or cause him to be brought before a Magistrate for the purpose of having the offender summarily convicted of the same . No. 19 of 1886 . An Ordinance entitled The Reformatory Schools Ordinance, 1886. [ Ser Amend ment Ordinance [ 21st May, 1886. ] No. 10 of 1889. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 1. This Ordinance may be cited as The Reformatory Schools Ordi Title. nance, 1886. 2010 ORDINANCE No. 19 OF 1886 . Reformatory Schools. 2. In this Ordinance the word Manager shall include any person or persons having the management or coutrol of any school to which this Ordinance applies . Certified Reformatory Schools. Mode of 3. The Governor may, upon the application of the managers of any certifying reformatory school for the better training of youthful offenders , direct the Superin schools. [29 & 30 V. c. tendent of Victoria Gaol to examine into the condition and regulations of | 117 , s. 4. ] the school , and to report to him thereon ; and if satisfied with such re [See Govern ment port, the Governor may, by writing under his hand , certify that such Notification No. 404. school is fitted for the reception of such youthful offenders as may be sent Gazette 16th October there in pursuance of this Ordinance and the same shall be deemed a 1886. ] certified Reformatory School . Inspection of 4. Every certified reformatory school shall from time to time, and schools. Certificates may be with at least once in every year, be visited by the said Superintendent or by drawn. any two Justices of the Peace appointed for that purpose by the Governor, 29 & 30 V. c. 117, s. 5. ] and the Governor if dissatisfied with the condition of such school as re ported to him, may withdraw the certificate, and may, by notice under his hand addressed and sent to the managers of such school , declare that the certificate is withdrawn as from a time specified in the notice , being not less than six months after the date of the notice. Resignation 5. The managers of any certified reformatory school may upon of certificate by managers. giving six months ' and the executors or administrators of a deceased [29 & 30 V. c. 117, s. 7.] manager (if only one ) of any certified reformatory school may, upon giving one month's previous notice in writing of their intention so to do , resign the certificate given to such school ; and accordingly at the expi ration of six months or one month ( as the case may be ) from the date of the notice ( unless before that time the notice is withdrawn ) , the certificate shall be deemed to be resigned . Liabilities of 6. The managers of any certified reformatory school may decline managers as to youthful to receive any youthful offender proposed to be sent to them under this offenders received in Ordinance, but when they have once received him they shall be deemed reformatory schools. to have undertaken to educate, clothe, lodge, and feed him during the [29 & 30 V. c. 117, 8. 8.] whole period for which he is liable to be detained in the school , or until the withdrawal or resignation of the certificate takes effect , or until the contribution out of money provided by the Colony towards the custody and maintenance of the offenders detained in the school is discontinued , whichever shall first happen .  ORDINANCE No. 19 OF 1886 . 2011 Reformatory Schools . Nothing in this Ordinance shall be deemed to limit, or interfere with the right of any manager of a certified reformatory school to receive into such school other inmates than those sentenced under this Ordinance to be detained therein. • Effect of 7. Whenever the certificate is withdrawn from or resigned by the withdrawal managers of a reformatory school, no youthful offender shall be received of certificate. [29 & 30 V. c. into such school after the date of the receipt by the managers of the Ï17, s. 9. ] school of the notice of withdrawal , or after the date of the notice of re signation ( as the case may be) ; but the obligation of the managers to educate, clothe, lodge and feed any youthful offenders in the school at the respective dates aforesaid shall, excepting so far as the Governor may otherwise direct, be deemed to continue until the withdrawal or resigna tion of the certificate takes effect, or until the contribution out of money provided by the Colony towards the custody and maintenance of the offenders detained in the school is discontinued , whichever shall first happen . 8. When the withdrawal or resignation of the certificate of a reform Disposal of inmates on atory school takes effect, the youthful offenders detained therein shall withdrawal or resignation be, by the order of the Governor either discharged or transferred to some of certificate . [29 & 30 V. c. other certified reformatory school . 117 , s. 10. ] 9. A notice of the grant of any certificate to a reformatory school, Publication ofgrant, with or of the withdrawal or resignation of such a certificate , shall within one drawal or resignation of month be advertised by order of the Governor in the Hongkong Govern certificate . [ 29 & 30 V. c. ment Gazette. [117 , 8.11. ] 10. The managers of any certified reformatory school may from Power to make rules, time to time make necessary rules for the management and discipline of &c. [29 & 30 V. c. the school under their charge ; but such rules shall not be contrary to 117 , s. 12. ] the provisions of this Ordinance, and shall not be enforced until they have been submitted to and approved in writing by the Governor ; and no alteration shall be made without the approval in writing of the Governor in any rules so approved . 11. Every officer of a certifiedreformatory school authorized by ! Officers authorized to the managers of the school , in writing, to take charge of any youthful convey or bring back offender sentenced to detention under this Ordinance for the purpose of offenders to school to have conveying him to or from the school, or of bringing him back to the privileges, &c. of constables. school in case of his escape or refusal to return , shall, for such purpose . [ 29 and 30 V. c. 117, s. 13. ] and while engaged in such duty, have all such powers, authorities, pro 2012 ORDINANCE No. 19 OF 1886 . Reformatory Schools. tection and privileges , for the purpose of the execution of his duty as a reformatory officer, as any constable duly appointed has within this Colony, by common law, ordinance, or custom . Commitment of offenders to and their status at a certified reformatory school. Offenders 12. Whenever any offender who, in the judgment of the Court, or under 16 years of age convict Magistrate before whom he is charged , is under the age of sixteen years , ed and senten ced to impri is convicted on criminal information or in a summary manner, of an sonment may be sentenced offence punishable with penal servitude or imprisonment, and is sentenced to be sent either at time to be imprisoned for the term of ten days or a longer term, the Court , or of sentence on expiration of Magistrate may in addition to his sentence or in lieu thereof, either at period of im prisonment to once or at the expiration of his period of imprisonment sentence him to certified re formatory be sent to a certified reformatory schoo!, and to be there detained for a (29 and 30 V. period of not less than two years and not more than five years. c. 117 , s. 14. ] . ( 1. ) Should there be at the time of sentence more than one certified reformatory school , the particular school to which the offender is to be sent shall be named at the time of sentence or within seven days therefrom . ( 2. ) In choosing a certified reformatory school the Court or Magistrate shall endeavour to ascertain the previous education, position in life and training of the offender, and so far as is possible the selection shall be made of a school most in conformity with such circumstances. (3. ) Should there be only one certified reformatory school , it shall be lawful for the Court or Magistrate to order that the said youthful offender be therein detained. If any objection be made thereto, by or on behalf of any pa rent, or guardian, or near relative , or any person or body of persons on the ground of the particular religious train ing which may be expected in such reformatory school , the Court or Magistrate shall report the matter to the Governor. (4. ) If upon such report being forwarded or on any application being made to the Governor at any time, on behalf of any youthful offender sentenced to be detained in a cer tified reformatory school , any objection is made to the  ORDINANCE No. 19 OF 1886 . 2013 Reformatory Schools. particular religious influence likely to be used in such reformatory school , and the party making such applica tion is willing to make suitable provision for the care, maintenance and education of such youthful offender under proper security, it shall be lawful for the Governor in Council upon such terms as to him may seem advisable to set aside the sentence of the said Court or Magistrate and to direct that the custody of the said youthful offender be given to such person as he shall appoint, and any person taking such youthful offender from such cus tody, or knowingly assisting directly or indirectly such offender to escape from such custody, or knowingly harbouring or concealing or preventing from returning to such custody any youthful offender who has escaped therefrom, shall be liable to the penalties incurred under this Ordinance for the offences aforesaid. 13. The Governor may at any time order any offender to be dis Discharge or removal by charged from a certified reformatory school , or to be removed from one order of the Governor. certified reformatory school to another, but so that the whole period of [ 29 and 30 V. c. 117 , s. 17. ] detention of the offender in a reformatory school shall not be increased by such removal . 14. The managers of a certified reformatory school may, at any time Placing offenders out after the expiration of eighteen months of the period of detention allotted on licence. [29 and 30 V. to a youthful offender, by licence under their hands , permit him to live c. 117 , s. 18. ] with any trustworthy and respectable person named in the licence willing to receive and take charge of him. Any licence so granted shall not be in force for more than three Duration of licence. months , but may at any time before the expiration of such three months be renewed for a further period not exceeding three months , to commence from the expiration of the previous period of three months , and so from time to time until the youthful offender's period of detention is expired . Any such licence may also be revoked by the managers of the school, Revocation of licence. by writing under their hands, at any time before the expiration of such period of three months, and thereupon the youthful offender to whom the licence related may be required by the managers, by writing under their hands, to return to the school. 2014 ORDINANCE No. 19 of 1886 . Reformatory Schools . The time during which a youthful offender is absent from a certified reformatory school in pursuance of a licence under this section shall, except where such licence has been forfeited by his misconduct , be deemed to be part of the time of his detention in the school , and at the expiration of the time fixed by his licence he shall be taken back to school . Any youthful offender escaping from the person with whom he is placed in pursuance of this section , or refusing to return to the school at the expiration of the time fixed by his licence, or any renewal thereof, or when required to do so on the revocation of his licence, shall be liable to the same penalty as if he had escaped from the school itself. Power to 15. The managers of a certified reformatory school may, at any apprentice offenders. time after an offender has been placed out on licence as aforesaid , if he [29 & 30 V. c. 117, s. 19. ] conducted himself well during his absence from the school , bind him , with his own consent, apprentice to any trade, calling, or service , not withstanding that his period of detention has not expired ; and every such binding shall be valid and effectual to all intents . Offences in relation to reformatory schools . Refusal to 16. If any offender detained in a certified reformatory school conform to rules. wilfully neglects or wilfully refuses to conform to the rules thereof, he [29 & 30 V. c. 117, s. 20. ] shall , upon summary conviction before a Magistrate having jurisdiction in the place or district where the school is situate, be imprisoned , with or without hard labour, for any term not exceeding three months ; and at the expiration of the term of his imprisonment he shall, by and at the expense of the managers of the school , be brought back to the school from which he was taken , there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his being sent to prison . Escaping 17. If any offender sentenced to be detained in a certified reform from school. [29 & 30 V. atory school escapes therefrom , he may at any time before the expiration c. 117, s. 21. ] of his period of detention , be apprehended without warrant, and , if the managers of the school think fit , but not otherwise, may (any other Ordinance to the contrary notwithstanding ) be then brought before a Magistrate having jurisdiction in the place or district where he is found , or in the place or district where the school from which he escaped is situate ; and he shall thereupon be liable, on summary conviction before such Magistrate, to be imprisoned, with or without hard labour, for any  ORDINANCE No. 19 OF 1886 . 2015 Reformatory Schools . term not exceeding three months ; and at the expiration of such term he shall, by and at the expense of the managers of the school , be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping. 18. Every person who commits any of the following offences , that Penalty on persons assist is to say : ing or indu cing offenders to escape ( 1. ) Knowingly assists directly or indirectly an offender detain from certified reformatory ed in a certified reformatory school to escape from the schools. Or school ; harbouring offenders who have escaped. ( 2. ) Directly or indirectly induces such an offender to escape [29 & 30 V. from the school ; c. 117, s. 22. ] (3. ) Knowingly harbours, conceals or prevents from returning to the school , or assists in harbouring, concealing, or preventing from returning to the school , anyoffender who has escaped from a certified reformatory school, shall, on summary conviction before a Magistrate, be liable to a penalty not exceeding one hundred dollars , or at the discretion of the Magistrate to be imprisoned for any term not exceeding two months, with or without hard labour. Conditional pardons. 19. Where before or after the passing of this Ordinance a youthful Power to Governor offender has been sentenced to penal servitude , or imprisonment , and to send offenders to has been pardoned by the Governor on condition of his placing himself reformatory schools on under the care of some charitable institution for the reception and reform conditional pardon. ation of youthful offenders, the Governor may direct him, if under the age [29 & 30 V. c. 117, s. 32.] of sixteen years, to be sent to a certified reformatory school , the managers of which consent to receive him for a period of not less than two years and not more than five years ; and thereupon such offender shall be deemed to be subject to all the provisions of this Ordinance, as if he had been originally sentenced to detention in a certified reformatory school . Evidence. 20. The following rules shall be enacted with respect to evidence Rules respect under this Ordinance : ing evidence under this Ordinance. (1. ) The production of the Hongkong Government Gazette [29 & 30 V. containing a notice of the grant or withdrawal of a c. 117, s. 33. ] 2016 ORDINANCE No. 19 OF 1886 . Reformatory Schools. certificate by the Governor to or from a reformatory school or of the resignation of any such certificate , shall be sufficient evidence of the fact of the publication of such notice and also of the fact of a certificate having been duly granted to or withdrawn from the school named in the notice, or resigned by the managers thereof. ( 2. ) The grant of a certificate to a certified school may also be proved by the production of the certificate itself, or of a copy of the same, purporting to be signed by the Colonial Secretary . (3. ) The production of the warrant or other document in pursuance of which a youthful offender is directed to be sent to a certified reformatory school , with a state ment endorsed thereon or annexed thereto, purporting to be signed by the manager or other person in charge of the school , to the effect that the offender therein named was duly received into and is at the date of the signing thereof detained in the school, or has been otherwise dealt with according to law, shall in all pro ceedings relating to such offender be evidence of the identity of and of the due conviction and detention and imprisonment of the offender named in the warrant or other document. (4. ) A copy of the rules of a certified reformatory school , purporting to be signed by the Superintendent of the Victoria Gaol , shall be evidence of such rules in all legal proceedings whatever. (5. ) A school to which any youthful offender is directed to be sent in pursuance of this Ordinance shall , until the contrary is proved , be deemed to be a certified reformatory school within the meaning of this Ordinance . Legal proceedings. Service of 21. Any notice may be served on the managers of a certified notice on managers reformatory school by delivering the same personally to any one of them, of school. [29 & 30 V. c. or by sending it by post or otherwise, in a letter addressed to them or Ï17, s. 35. ] any of them at the school , or at the usual or last known place of abode of any manager, or of their secretary .  ORDINANCE No. 19 OF 1886 . 2017 Reformatory Schools . Forms. 22. No summons , notice, or order made for the purpose of carrying Useschedule. in of forms into effect the provisions of this Ordinance shall be invalidated for want [29 & 30 V. c. Ï17 , s. 36. ] of form only ; and the forms in the schedule to this Ordinance annexed, or forms to the like effect, may be used in the cases to which they refer, with such variations as circumstances require and when used shall be deemed sufficient. SCHEDULE OF FORMS. (A. ) Conviction. HONGKONG Be it remembered that on the day of 18 ", A.B. , of TO WIT. under the age of sixteen, to wit, of the age of is convicted before me C.D. , -, for the said Colony of Hongkong, for that (here state offence), In pursuance of the Reformatory Schools Ordinance, 1886 , I have sentenced the said A.B. to be sent forthwith to the reformatory school at 2 the manager whereof is willing to receive him , and to be there detained for the period of commencing on and from Given under my hand and seal the day, month and year first above written. [L.S. ] C. D. (B.) Order of detention. HONGKONG To A.B., constable of Police, and to the manager of the reformatory TO WIT. school at Whereas A.B. , late of under the age of sixteen years , to wit, of the age of years , was this day duly convicted before the undersigned , for that (stating the offence as in the conviction) , and it was thereby adjudged that the said A.B. , for his said offence, should , in pursuance of the Reformatory Schools Ordinance, 1886 , be sent forthwith to the reformatory school at (the managers whereof are willing to receive him therein) , and to be there detained for the period of commencing from and after the day of 18 2018 ORDINANCES Nos . 19 AND 20 OF 1886 . Reformatory Schools. Harbour Regulations. These are therefore to command you, the said constable of to take the said A.B. and him safely convey to the manager of the said reformatory school, and there to deliver him to the manager thereof, together with this precept. And I do hereby command you the said manager of the said " to receive the said A.B. into your custody in the said school, there to detain him for the space of , in the manner directed by the Reformatory Schools Ordinance, 1886, and for so doing this shall be your sufficient warrant. Given under my hand and seal this day of 18 " in the ycar of our Lord at Hong ko ng , afores aid . [ L.S. ] J. S. GOVERNMENT NOTIFICATION. - No . 404. Notice as to the Reformatory Schools Ordinance, 1886, of the 13th October, gazetted 16th October, 1886. In pursuance of section 9 of the said Ordinance, notice is hereby given that His Excellency the Officer Administering the Government, acting under the authority conferred upon him by section 3 of that Ordinance, has this day granted to the West Point Reformatory School a certificate that it is fitted for the reception of such youthful offenders as may be sent there under the said Ordinance. No. 20 of 1886 . An Ordinance entitled The Harbour Regulations Ordinance, 1886. [ 21st May, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Governor in 1. The Governor in Council may from time to time make, and when Council may make regula made, alter, add to, or revoke all rules , regulations or orders necessary tions. for the protection, management and navigation of the waters of the Colony, for the better and more effectual keeping of order therein , and the prevention of any nuisance in the same. Publication of 2. All such rules and regulations shall be published in the Hong regulations. kong Government Gazette.  ORDINANCE No. 20 OF 1886. 2019 Harbour Regulations . 3. Upon the publication of any such rules , regulations or orders in Effect of regulations. the Gazette they shall , after the date of such publication , or after any later date mentioned in such rules , regulations or orders , take effect as if they were enacted by the Legislature of the Colony. 4. In any rule, regulation or order made under this Ordinance it Penalties for breach of shall be lawful for the Governor in Council to impose penalties for the regulations. breach thereof, but so nevertheless that the penalty for the breach of any such rules , regulations or orders does not exceed one hundred dollars , and in default of payment of the said penalty, imprisonment with or without hard labour for any period not exceeding three months. 5. All offences against any rule, regulation or order made under Trial of offences. this Ordinance except when otherwise provided may be heard and deter nined by a Stipendiary Magistrate, and all penalties imposed by and expenses recoverable may be recovered in a summary way before any Stipendiary Magistrate. Regulations made by the Governor in Council under the provisions of The Harbour Regulations Ordinance, 1885, (No. 20 of 1886 ), the 25th day ofJune, and gazetted the 26th June, 1886 . I.- FAIRWAYS . 1. There shall be three fairways through the harbour, for the passage of vessels of over 50 tons burden , and such fairways shall be named as follows: -- The Southern, the Central, and the Northern Fairways. 2. The western end of the Southern Fairway commences off the Gas works, and is bounded on its south side by the north shore of the Island of Hongkong, and terminates 400 feet west of the Canton Steam-boat Wharf, where it connects with the central fairway. The north side of the Southern Fairway is occupied by junks, except at a place opposite the Peninsular and Oriental Steam Navigation Company's Coal Godowns, where there is a break connecting with the central fairway. 3. The western end of the Central Fairway commences off the wharf near the Sailors ' Home and is marked by two buoys , the northern one painted white, and the southern one painted red. This fairway is defined by two lines of mooring buoys running in an E.S.Easterly direction . 4. The northern side of the Northern Fairway is defined by a line drawn between the south point of Chung Hue and Kowloon Point on a S. 66° E. bearing. The southern boundary has the breakwater in Causeway Bay, open of Kellett's Island bearing S. 78° E. 2020 ORDINANCE No. 20 OF 1886. Harbour Regulations. 5. Vessels of over 50 tons burden proceeding through either of the fairways, are to fly a pendant at the highest mast head forward as follows : Whilst in the Southern Fairway a Red pendant (F). Whilst in the Central Fairway a White pendant (C) . Whilst in the Northern Fairway a Blue pendant (D) . 6. All vessels irrespective of size are to observe the rules of the road, as laid down by orders in Council, issued from time to time under the provisions of the Merchant Shipping Act, Amendment Act, 1862 ; and no vessel whatever is to anchor in either of the fairways. II. MEN- OF-WAR ANCHORAGE. 7. Western Boundary. - West corner of the City Hall in line with buoy painted chequered black and white. Northern Boundary.- From the buoy towards North Point of Hongkong until it meets the Eastern Boundary. Eastern Boundary. -A line drawn from a gully to the southward of St. Francis's Church to the gable- end of that Church until it meets the Northern Boundary. III.- VESSELS UNDER 50 TONS BUrden. 8. Every such vessel, propelled by steam, whether licensed or not, shall have in board screens fitted to its side-lights, as the Harbour Master shall approve, so as to prevent the lights being seen across the bow. IV. - STEAM-WHISTLES . 9. The steam-whistle of no vessel under 50 tons burden propelled by steam , shall, when at anchor near the Praya, or when moored to , or waiting at any wharf or landing place, be blown ; and no such vessel when under weigh shall have its steam- whistle blown , unless for the purpose of giving necessary notice of the approach of such vessel towards any other vessel or boat. 10. No steamer when entering or leaving the harbour, or when at anchor there in, shall use her steam-whistle except for the purpose of navigation and to avoid collision. The use of such steam- whistle for any other purpose is hereby prohibited . 11. Any infringement of regulation 8, 9 or 10 will subject the offender to a penalty not exceeding $ 100, or, in default of payment to imprisonment with or without hard labour for a period not exceeding 3 months. 12. Vessels of war are exempted from these regulations. Regulation made by the Governor in Council, under the provisions of The Harbour Regulations Ordinance (No. 20 of 1886), the 27th and gazetted the 28th August, 1886. No person shall, without a permit from the Registrar General, beat any drum , or gong, discharge, kindle, or let off any firework, or attempt to do so in the waters of the Colony between the hours of 10 P.M. and 6 A.M. , under a penalty not exceeding fifty dollars, or imprisonment with or without hard labour for a period not exceeding six weeks.  ORDINANCE No. 21 OF 1886 . 2021 Spirit Licences. No. 21 of 1886. " An Ordinance entitled The Spirit Licences Ordinance, 1886 . [ 11th June, 1886. ] E it enacted by the Governor of Hongkong , with the advice of the BE Legislative Council thereof, as follows :--- 1. This Ordinance may be cited as The Spirit Licences Ordinance, Title. 1886. 2. In this Ordinance, unless the context indicates the contrary : Interpreta tion ofterms. Adjunct licence shall mean the licence granted under this Ordi nance to hotel-keepers , restaurateurs , or confectioners , for the retail sale of intoxicating liquors as an adjunct to their respective businesses without keeping a public bar. Adulterated liquor shall mean any liquor mixed or coloured to the prejudice of the purchaser with any ingredient what ever, or with water, either so as to increase its bulk and measure , or so as injuriously to affect the quality of such liquor, or to conceal its inferior quality, or any liquor which is not virtually of the nature and quality demanded by the purchaser , or of the liquor which it is labelled as being or purporting to be, whether such adulterated liquor be inju rious to health or not . Spirits shall not be considered adulterated if mixed with water only so as not to reduce the strength more than twenty -five degrees below proof in the case of brandy, whisky or rum, or more than thirty degrees below proof in the case of gin. Chinese spirits shall mean the intoxicating liquors commonly known as samshu. Gallon shall mean an imperial gallon , or, if the liquor be in bottles, six reputed quart bottles, or twelve reputed pint bottles. Grocer's licence shall mean a licence to sell intoxicating liquors by the bottle, such liquors not to be consumed on the premises . Intoxicating liquor shall include spirits, malt liquor, and any wine or other fermented liquor whatever. 2022 ORDINANCE No. 21 OF 1886 . Spirit Licences. Pint bottle and quart bottle shall mean the reputed pint and quart bottles ordinarily used in commerce. Public house shall mean any house or place of entertainment where intoxicating liquors are sold by retail and may be consumed on the premises, but shall not include any place of entertainment kept under an adjunct licence. Retail sale shall mean the sale of liquors in less quantities than two gallons as above defined . Spirit shop shall mean any shop licensed to retail Chinese spirits not to be consumed on the premises . Wholesale licence shall mean a licence to sell intoxicating liquors. by the unopened cask or case, in quantities not less than two gallons of one liquor at one time , such liquors not to be consumed on the premises . Distilleries . Unlicensed 3. No person shall make , distil , or rectify any spirits , or shall know distilling pro hibited. ingly keep or have in his possession any still or other utensil, or appa [8 of 44, and 3 of 69.] ratus for distilling or making or rectifying spirits , without a licence under this Ordinance. Apothecaries, It shall be lawful for the Colonial Secretary to issue a licence free of chemists and druggists all charge to any apothecary, chemist , or druggist applying for the may have stills of eight same, to keep and use on his premises, a still of not more than eight gallons con tents. gallons contents for the purpose of his trade only, provided that every [ Ord. 8 of 1844 section person wishing to keep such still shall notify his intention so to do to the 3. ] said Colonial Secretary, who shall thereupon require such person to give a bond with two sufficient sureties in the sum of one thousand dollars , that he will not make use of such still, or suffer it to be made use of except for the preparation of medicines or other articles required bonâ fide for medical purposes, and every such person found to have such still without having entered into such bond and obtained such licence , shall be deemed to be guilty of an offence under this Ordinance. Licences to 4. The Colonial Secretary may issue licences to distil in the form distil. [3 of 69. ] of schedule A, on each of which licences an annual fee of one hundred and twenty dollars shall be payable in advance . Such conditions as the Governor in Council may from time to time determine may be added to such licences . Every licensed distiller may sell by wholesale the liquors he distils.  ORDINANCE No. 21 OF 1886 . 2023 Spirit Licences. Adulterated 5. Any person who shall distil , make, import , sell , dispose of, or liquors. deal in any adulterated intoxicating liquor shall be guilty of an offence [38 & 39 Vic. č. 63, s. 5. ] against this Ordinance, and if such adulterated liquor be injurious to health he may, on a second conviction , be sentenced to imprisonment with or without hard labour for a period not exceeding six months besides any other penalties to which he may be liable under this Ordinance. No person shall be convicted under this section if he shows to the satisfaction of the Magistrate before whom he is charged that he did not know that the liquor sold by him was adulterated , and that he could not have known it with any reasonable diligence. Sale of intoxicating liquors. 6. No person shall sell or dispose of, or advertise or expose for sale Unlicensed sale prohibit any intoxicating liquor either by wholesale or retail within the Colony, ed. [11 of 44. 1. ] or shall permit or suffer any such intoxicating liquor to be sold or dis posed of or advertised or exposed for sale in his house or other place within the Colony without a licence under this Ordinance . The delivery of any intoxicating liquors shall be taken , in any proceeding under this Ordinance , to be primâ facie evidence that money or other consideration was given for the same. 7. The holder of a retail or grocer's licence may also sell intoxica Wholesale and retail ting liquors wholesale, but no person shall sell intoxicating liquors by ale. [See. 11 of 44. retail without a licence to that effect, and this section shall apply to all 21.1 retail sales of liquor to any person on pretence that he is a customer for other goods, as well as to all sales of quantities exceeding two gallons with an understanding that part is to be returned , and generally, to any act whatever which, under whatsoever pretence, constitutes a retail sale of intoxicating liquor. 8. The Colonial Secretary may at any time issue temporary licences Temporary licences. for the sale of liquors at any public entertainment or on any public occasion on payment of such fee in each case as to the Governor shall seem fit . Public house, and adjunct licences. 9. Every person desirous of obtaining a publican's or adjunct licence Application for licence. shall give ten days ' notice to the Magistrates in the form of schedule B or [11 of 44. 3. ] Caccording to the nature of the licence required . 2024 ORDINANCE No. 21 OF 1886. Spirit Licences. Sessions. 10. The Magistrates, or either of them, may from time to time [11 of 44. 4. ] appoint a day for the granting or transferring of licences, which shall be advertised in the Government Gazette and a public newspaper at least one week previously, and the said Magistrates, or either of them, with the assistance of such other Justices of the Peace as may attend on the said day, shall take into consideration all applications which may have been made for licences for the sale of liquors within the Colony, and the presiding Magistrate may adjourn the consideration of all or any of such applications to any other lawful day. Disagreement 11. Every application for the grant or transfer of a licence shall be of Justices. [ 11 of 44. 4. ] decided by a majority of votes of the Justices present, in the case of equality the presiding Magistrate shall, in addition to one original vote , have a casting vote . Provided however that in case of any applicant being dissatisfied with the order of the Justices or the majority thereof, it will be lawful for the Governor in Council to alter and amend the order, on the petition of the dissatisfied party. Applicants' 12. Every applicant for a licence , who may be approved by the recognis ances. Justices assembled as above, shall enter into a recognizance in the form [ 11 of 44. 5. ] of schedule D or E according to the nature of the licence he requires , whereupon the Magistrate shall deliver to him a certificate in the form of schedule For G according to the nature of his application ; and the Magistrate shall, within ten days , transmit to the Treasurer a return of all such certificates as may have been granted in the form of schedule H to this Ordinance . Fee. Licence. 13. The applicant may, within fourteen days from the date of such [11 of44. 7.] certificate, lodge it in the Treasury together with the fee provided by schedule P to this Ordinance, whereupon the Treasurer shall issue to him a licence in the form of schedule I or J according to the nature of the licence for which the certificate is granted, such licence to be called a public house licence in the one case, or an adjunct licence in the other. Period of 14. Every public house or adjunct licence shall be valid only until licence. [ 10 of 68.] the 30th of November next following the date on which it is granted : Always provided that where this period is less than a year a proportionate part only of the aforesaid fee shall be charged, to which ( except in the case of the transfer of a licence ) ten per cent shall be added . Records. 15. The Magistrates shall keep a record of all recognizances entered into under section 12 , and the Treasurer shall keep a record of all licences issued under section 13 of this Ordinance.  ORDINANCE No. 21 of 1886 . 2025 Spirit Licences. 16. The presiding Magistrate and Justices at their meetings herein Transfer of licences. before provided for may transfer, in the form of schedule K, any public [ 11 of 14.9 . ] house licence or adjunct licence to the nominee of the original holder of such licence , such nominee making like application , receiving a like certificate, and entering into like recognizances as if applying for a licence on his own behalf. 17. In case of the death or insolvency of any person holding a public Death or insolvency of house licence or adjunct licence under this Ordinance, the executor , or licensee. [11 of 44. 10. administrator, or trustees of such licensee may carry on the business of such licensed house until the expiration of the licence , subject to all the same regulations as the original licensee . And such executor, adminis trator, or trustees shall enter into new recognizances under this Ordinance. 18. The Justices may permit the business licensed under a public Removal of business. house or adjunct licence to be removed to other premises if they shall be [11 of44. 11.] satisfied that the application to remove such business ( which shall be by written memorial) may reasonably be granted . The licensee shall enter into new recognisances, and shall receive a new certificate entitling him to a new licence for the remainder of his term on payment of a fee of five dollars. 19. Every licensed publican or adjunct licensee shall have his full Sign. Produc tion of name painted in legible letters at least three inches long, with the words licence. [11 of 44. 13. ] licensed to retail wines und spirits , constantly and permanently remaining, and plainly to be seen and read, on some conspicuous part of his house, and no person not actually holding a public house licence or adjunct licence ( except the keeper of a spirit shop as hereinafter provided ) shall keep up any sign, writing, painting, or other mark, which may imply or give reasonable cause to believe that his premises are licensed for retail or barter of intoxicating liquors , or that such liquors are sold , served , or retailed therein . 20. The business of every licensed publican or adjunct licensee shalp Regulations ―――――――――― [Sec. 11 of 44. be carried on subject to the following regulations : 13 and schedule. ] ( 1. ) No liquor shall be sold or drunk on the premises licensed except between such hours as the Magistrate shall enter on the certificate to be granted under clause 12 . (2. ) No disorder shall be permitted on the premises.  2026 ORDINANCE No. 21 OF 1886 . Spirit Licences. (3. ) No person shall be allowed to become drunk on the pre mises, nor shall liquor be supplied to any person who is drunk. (4. ) No game of chance shall be played on the premises. (5. ) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers . ( 6. ) The licensee shall not abandon the occupation of his house, or permit any other person to become virtually the keeper thereof. ( 7. ) The licensee shall not employ any person to sell or dispose of any liquors outside of his licensed premises , nor shall he allow or suffer any liquors to be so disposed of on his account. Forfeiture of 21. When any licensed publican or adjunct licensee shall be charged recognisan ces. with any offence under this Ordinance and shall not appear to answer to [ 11 of 44. 15.] such charge, it shall be lawful for any Magistrate to order that the re cognizance of such licensed publican or adjunct licensee be forfeited until his appearance, and in case any licensed publican or adjunct licensee be twice convicted of any offence under this Ordinance, it shall be lawful for the Magistrate to order, on the second conviction , that any fine imposed on such offender, not exceeding the amount of his recognisances , be paid by his sureties . Action on 22. No licensed publican shall maintain any action for, or recover account of liquors. any debt or demand on account of liquors, unless such debt shall bonâ fide [11 of 44. 17.] have been contracted at one time to the amount of five dollars or up wards, nor shall any item in any account for liquors be allowed where the liquors bona fide delivered at one time shall not amount to the full sum of five dollars , nor shall any amount of debt whatsoever incurred by any seaman or soldier in Her Majesty's service for liquors be allowed : Provided always that nothing herein contained shall extend to prevent innkeepers from keeping an account with lodgers and travellers , in which any charge for liquors may be included , and recovering the amount thereof in a Court of Justice . Taking 23. No licensed person shall take or receive in payment or pledge pledges. [ 11 of 44. 18. ] for liquor or any entertainment whatever supplied in or out of his house any article or thing whatever except money.  ORDINANCE No. 21 OF 1886 . 2027 Spirit Licences . 24. Every licensed publican or adjunct licensee shall sell and dis Measures. [ 11 of 44, 19. ] pose of his liquors by the measures legalised in this Colony and not otherwise, except when the quantity is less than half a pint, or except when the liquor is sold in bottles, and shall also measure such liquor in the presence of any customer who may require him to do so. 25. If any person be convicted of unlawfully retailing any intoxi Suspected premises. cating liquor, the house and premises of such person, and the house , 11 of44. 35. lodging, shop , or warehouse where such offence shall have been com mitted, and any court or yard connected therewith, shall be liable to be searched at any time of the day or night , by any Police officer , with or without warrant, for six months next after such conviction , provided that the same or any part thereof shall be occupied by the person so convicted . 26. Whenever any Police officer shall find any person drinking in Drinking in unlicensed any place in which any intoxicating liquor shall be sold or disposed of by place. [ 11 of 44. 36.] retail , and the licence for such sale shall not on demand be produced to such Police officer, it shall be lawful for such Police officer to apprehend all such persons so found drinking there ; and every such person so found drinking shall, upon conviction before any Magistrate, forfeit and pay for every such offence a sum not exceeding twenty dollars, unless such person shall inform against such unlicensed person or voluntarily become a witness against him, in respect of such act of selling and retailing. 27. No master or other person employing journeymen , workmen , Payment of workmen. servants, or labourers, shall pay or cause any payment to be made to any [ 11 of44.37 . ] such journeyman , workman , or labourer in or at any house in which any intoxicating liquor is sold by retail . Wholesale and Grocers' licences . Spirit shops . 28. Every person desirous of obtaining a wholesale or a grocer's Wholesale and grocers licence to sell intoxicating liquors shall apply to the Colonial Secretary, licences. How obtain who may in his discretion grant to the applicant a licence in the form of ed. schedule L or M according to the nature of his application , on production of a receipt from the Treasurer for a fee of one hundred and twenty dollars . Such licence may be renewed annually on like conditions. 29. It shall be lawful for the Governor in Council from time to Power to make rules. time to make, alter, amend and repeal regulations and conditions for the granting of wholesale and grocer's licences . Such conditions may require 2028 ORDINANCE No. 21 OF 1886. Spirit Licences . the providing by applicants of one or more sureties , may alter the above scale of fees , may regulate the times of commencement and expiry of such licences , the hours and conditions of sale, and all other matters connected with such licences . All such regulations when published in the Govern ment Gazette shall have the force of law. Chinese 30. The Colonial Secretary may grant a licence in the form of spirit shops. [11 of 44. schedule N to any person to retail Chinese spirits , such Chinese spirits 27-30. ] not to be consumed on the premises where they are sold , and the holder of such licence shall exhibit conspicuously and permanently in front of his licensed place of business his name and number and the nature of such licence, on a sign, the size and design of which shall be approved by the Colonial Secretary , and the fee of ten dollars monthly shall be paid in advance by each licensee to the Treasurer. The Colonial Secretary may permit the transfer of any such licence in form of schedule 0. Eating houses. Eating houses. 31. No person , unless licensed to retail intoxicating liquors or Chinese spirits under this Ordinance , shall keep an eating house, coffee house, refreshment bar or saloon , restaurant, or other place where meals or refreshments are supplied to persons not resident on the premises, without a licence from the Colonial Secretary, for which licence a fee of ten dollars a year shall be payable in advance. Such conditions as the Governor in Council may determine may be added to any licence granted under this section. Disorder in 32. No person licensed under the preceding section shall knowingly eating houses. [2 & 3 Vic. c. or wilfully permit drunkenness or other disorderly conduct in his house . 17, s. 44. ] or other place of entertainment, or knowingly suffer any unlawful games or gaming therein , or knowingly permit or suffer any public prostitute to frequent such house or other place or to remain therein. Police inspection. Search. 33. When information upon oath shall be laid before any Magistrate to the effect that any illicit distillation or rectification or illegal sale of intoxicating liquors is carried on within any building or on board of any vessel in the Colony, it shall be lawful for such Magistrate by a warrant under his hand to empower any officer of Police to enter such building or vessel at any hour of the night or day, using force for that purpose if  ORDINANCE No. 21 OF 1886. 2029 Spirit Licences. necessary , and to make search for any stills, parts of stills , or intoxicating liquors which may be found there, and to arrest any persons who may appear to have committed or to be attempting to commit any offence against this Ordinance . Every person licensed under this Ordinance shall produce his licence to any Police officer on being required thereto . Any officer of Police shall have free access to every part of any house licensed under section 13 or 31 of this Ordinance at any hour of the night or day. Penalties and their recovery. 34. For every offence against this Ordinance not otherwise provided Fines and forfeitures. for, there shall be payable for a first offence a fine not exceeding three hundred dollars , and for a second offence a fine not exceeding six hundred dollars. And all intoxicating liquors , stills , or parts thereof with respect to which any offence against this Ordinance may have been committed , as well as the vessels or packages which contain them, may be forfeited , as also any boat or vessel of less than fifteen tons burden in which such intoxicating liquors or stills or parts of stills may be found . 35. Offences against this Ordinance shall be considered to be : Offences defined. ( 1. ) Refusal, neglect , or omission to do any act commanded by this Ordinance. ( 2. ) Refusal to permit , or obstruction of any such act. (3. ) The doing of any act forbidden by this Ordinance . ( 4. ) On the part of a licensed publican , adjunct licensee, or keeper of a spirit shop, any breach of the terms of his licence or recognisance . 36. On the conviction of any licensed person for a second offence . Forfeiture of licence. against this Ordinance the Magistrate may order his licence to be forfeited , [See. 11 of 44. 30. ] in addition to any other penalties hereinbefore provided . 37. All alties for offences against this Ordinance may be recovered Recovery of penalties. in a summary way before a Magistrate, but proceedings for the recovery of such penalties shall be commenced within six months after the offence was committed. 38. One-half or a less portion of any fine levied under this Awards to informers. Ordinance may be paid to the informer. [11 of 44.32.] 2030 ORDINANCE No. 21 OF 1886 . Spirit Licences. Power to make rules. Power to make rules. 39. The Governor in Council may from time to time make , alter, and repeal rules consistent with this Ordinance for the better carrying out of the same. All such rules shall be published in the Gazette, and when so published shall have the force of law. Repeals. Repeals. ―――――――――――― 40. The following Ordinances or portions thereof are repealed : 8 of 1844 , ........ The whole. 11 of 1844 , ..... .All, except sections 38 and 39 . 9 of 1867 ...... .So much of sections 11 and 12 as applies to the sale of • intoxicating liquors , liquors and section 16 . 10 of 1868 ,..... ....The whole. 3 of 1869............. The whole. But such repeal shall not affect anything lawfully done or commenced to be done under the said Ordinances, nor revive any Ordinance repealed by them . All public house or adjunct licences and licences for distilleries granted under the said Ordinances , as well as all recognisances entered into thereunder shall continue in force for their full term as if they were granted or executed under the present Ordinance. Commence 41. This Ordinance shall take effect on a day to be hereafter ment of Ordinance. proclaimed by the Governor. SCHEDULES . (A. ) THE SPIRIT LICENCES ORDINANCE , 1886. Distillery licence, (Sec. 4.) In consideration of the fee of dollars paid by I hereby license him to have stills of gallons capacity at and to distil spirits therewith and to sell such spirits by wholesale from this date until 18 Hongkong, 188 . Colonial Secretary.  ORDINANCE No. 21 of 1886 . 2031 Spirit Licences. (B.) THE SPIRIT LICENCES ORDINANCE, 1886. Application for publican's licence, (Sec. 9. ) Name of applicant address Nationality Has held a licence years. Licensed house to be at No. > Street. Its name or sign to be Sureties of and of To the Magistrates. I give notice that I intend to apply at the next licensing meeting to Her Majesty's Justices of the Peace, for a licence to sell and retail intoxicating liquors, in the house and appurtenances thereunto belonging above named , which I intend to keep as an inn or public-house. Hongkong, 188 . We, the undersigned householders residing at Victoria in the said Colony, certify that the above-named applicant is a person of good fame and reputation , and fit and proper to be licensed to keep an inn or public-house. 1. 2. 3. (C. ) THE SPIRIT LICENCES ORDINANCE, 1886 . Application for adjunct licence, (Sec. 9.) Name of applicant address Nationality Has held a licence years. Licensed house to be at No. Street. Other business carried on Sureties of and of To the Magistrates. I give notice that it is my intention to apply at the next licensing meeting for a licence to sell and retail intoxicating liquors, in any quantity under two gallons at one time, in the house and appurtenances thereunto belonging above named, as an adjunct to the business which I am carrying on in the said house and premises. Hongkong, 188 · 2032 ORDINANCE No. 21 OF 1886 . Spirit Licences . We, the undersigned householders, certify that the above named applicant is a person of good fame and reputation, and fit and proper to be licensed for the sale of intoxicating liquors as aforesaid . 1.- 2.- - 3. (D. ) THE SPIRIT LICENCES ORDINANCE , 1886. Publican's recognisance, (Sec. 12. ) COLONY OF HONGKONG Be it remembered, that on the day of 188 TO WIT. hereinafter called the licensee and and hereinafter called the sureties came personally before me, a Magistrate in the Colouy of Hong kong, and acknowledged themselves to owe to our Lady the Queen , to wit, -the said licensee the sum of three hundred dollars , and the said sureties each the sum of three hundred dollars of lawful current dollars of Hongkong, to be respectively levied of their several goods and chattels, lands and tenements, to the use of our said Lady the Queen , Her Heirs, and Successors, in case default shall be made in the performance of the conditions hereunder written : The conditions of this recognisance are such, that whereas the said licensee is to be licensed to keep a public house, and to sell intoxicating liquors, at the sign of the situate at ; If the said licensee do observe all the conditions of The Spirit Licences Ordinance, 1886, then this recognisance to be void, otherwise to remain in full force. Taken and acknowledged the day and year above written, before me. Magistrate. ( E. ) THE SPIRIT LICENCES ORDINANCE, 1886. Adjunct licensee's recognisance, (Sec. 12. ) COLONY OF HONGKONG Be it remembered, that on the day of 188 " TO WIT. hereinafter called the licensee and  ORDINANCE No. 21 OF 1886 . 2033 Spirit Licences. and hereinafter called the sureties came personally before me a Magistrate in the Colony of Hongkong, and acknowledged themselves to owe to our Lady the Queen, to wit, -the said licensee the sum of three hundred dollars, and the said sureties each the sum of three hundred of lawful current dollars of Hongkong, to be respectively levied of their several goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs , and Successors in case default shall be made in the performance of the conditions hereunder written : The conditions of this recognisance are such , that whereas the said licensee is to be licensed to sell intoxicating liquors, in any quantity under two gallons , in the house, No. as an adjunct to the business of carried on by him in the said house and appurtenances thereunto belonging ; If the said licensee do observe all the conditions of The Spirit Licences Ordinance, 1886, -then this recognisance to be void, otherwise to remain in full force . Taken and acknowledged the day and year above written, before me Magistrate. (F. ) THE SPIRIT LICENCES ORDINANCE , 1886. Publican's certificate, (Sec. 12.) Authority to the Treasurer to issue a spirit licence to Premises No. . Street. Sign of house Licence to expire 18 I authorise the Treasurer to issue a licence to the person named above to keep an inn or public-house as above set forth, I am satisfied the said person is a person of good fame and reputation, and is fit and proper to keep an inn or public-house ; and I have taken from the said person and his sureties a recognisance in the sum of three hundred dollars each, according to the form prescribed by the said Ordinance. Hongkong, 188 . Magistrate. Hours for sale -to (G.) THE SPIRIT LICENCES ORDINANCE , 1886. Adjunct licensee's certificate, (Sec. 12.) Authority to the Treasurer to issue an adjunct licence to Premises No. " Street. Business carried on Licence to expire 18 2034 ORDINANCE No. 21 OF 1886 . Spirit Licences . I authorise the Treasurer to issue an adjunct licence to the above named person to retail liquors in any quantity under two gallons on the premises named above as an adjunct to the business carried on by him in the said house. I am satisfied the said person is a person of good fame and reputation, and is fit and proper to conduct such house as aforesaid ; and I have taken from the said person and his sureties the requisite recognisances in the sum of three hundred dollars each, according to the form prescribed by the said Ordinance . Hongkong, 188 . Magistrate. Hours for sale -to (H.) THE SPIRIT LICENCES ORDINANCE , 1886. Return of licensees, (Sec . 12. ) To the Treasurer. Public house or adjunct licences may be granted to the undermentioned persons. Whether before Addresses Nature Licensee. Sign of No. Road or licensed or Sureties . of of house . street . not. sureties. licence. Magistrate. Hongkong, 18 (I.) THE SPIRIT LICENCES ORDINANCE , 1886 . Public House Licence, (Sec. 13. ) Licensee Sign of house No. Street. Period of Licence, from to both days inclusive. Fee, $ I license the above named person to keep a public house, and to sell and retail in the house in which he now dwells and in the appurtenances thereunto belonging, but not elsewbere, all intoxicating liquors during the period above written . No. Treasurer. Hongkong, 18  ORDINANCE No. 21 of 1886 . 2035 Spirit Licences . (J. ) THE SPIRIT LICENCES ORDINANCE , 1886 . Adjunct Licence, (Sec. 13. ) Licensee Business Address, No. " Street. Period of Licence, from to both days inclusive . Fee, $ I license the person named above to sell and retail intoxicating liquors in quantities not exceeding two gallons in the house in which he now dwells and in the appurtenances thereunto belonging, but not elsewhere ; as an adjunct to the business he carries on there and without keeping a public bar during the period above written. No. Treasurer. Hongkong , 18 ( K. ) THE SPIRIT LICENCES ORDINANCE, 1886. Transfer of Public House or Adjunct Licence, ( Sec . 16. ) New Licensee Sign of house or Business carried on No. Street. Period of new Licence, from to both days inclusive. Former Licensee I license the person named above to sell and retail intoxicating liquors in the house named above and in the appurtenances thereunto belonging, but not elsewhere, during the period above written . No. Treasurer. Hongkong, 18 (L. ) THH SPIRIT LICENCES ORDINANCE , 1886 . Wholesale Licence, (Secs. 28 & 29.) is licensed to sell intoxicating liquors by the un opened cask or case, in quantities not less than two gallons of one liquor at one time on the premises known as Such intoxicating liquors are not to be consumed on the premises. Colonial Secretary. Hongkong, 18 2036 ORDINANCE No. 21 OF 1886 . Spirit Licences. (M.) THE SPIRIT LICENCES ORDINANCE , 1886. Grocer's Licence, (Secs. 28 & 29.) 4 is licensed to sell intoxicating liquors (Chinese spirits excepted) by the bottle on the premises known as Such intoxicating liquors are not to be consumed on the premises . Liquors may also be sold wholesale under this licence. Colonial Secretary. Hongkong, 18 (N.) THE SPIRIT LICENCES ORDINANCE, 1886. Spirit Shop Licence, (Sec. 30. ) No. is licensed to sell spirits not to be consumed on his premises at No. the sign or shop name of which is until 18 Conditions 1. 2. 3. & c. Hongkong, 18 Colonial Secretary. (0.) THE SPIRIT LICENCES ORDINANCE, 1886. Transfer of spirit licence, ( Sec. 30.) The spirit licence No. granted to is transferred to , who is hereby licensed to sell spirituous liquors, not to be consumed on the premises, at No. the sign or shop name of which is until 18 Conditions. 1.— 2. 3. Colonial Secretary.  ORDINANCE No. 21 of 1886 . 2037 Spirit Licences . (P.) SCHEDULE OF FEES. I. -Public house and adjunct licences, (Sec. 13. ) When the annual valuation of the premises occupied is under $ 1,000 , a licence fee of $ 300 a year. under $4,200, "" 29 $360 "" over $4,200, "" "" $480 "" II. -Other fees chargeable under this Ordinance. Distillery licence, (Sec. 4) , .... $ 120 a year. Temporary spirit licence, (Sec. 8) , .Discretionary . Licence for removed business , (Sec. 18) , ...$ 5 Grocer's licence, ( Sec. 28 ) ,. $ 120 a year. Wholesale licence, (Sec. 28 ) , ........ .. $ 120 99 Chinese spirit licence, (Sec. 30) , ............$ 120 99 Eating house licence, ( Sec. 31 ) , . $ 10 99 [In force from 1st July, 1886, by proclamation ofthe 12th June, 1886. ] Regulations made by the Governor in Council, under the Spirit Licences Ordinance, 21 of 1886, and under the Crown Fees Ordinance, 17 of 1870, the 23rd, gazetted the 24th July, 1886 . 1. Intoxicating liquors bottled in the Colony may be sold under a wholesale. licence, although the bottles are not contained in cases, provided not less than twelve quart bottles or twenty-four pint bottles of any one liquor are sold at one time. 2. Whenever no special provision has been made in the Spirit Licences Ordinance, 1886 for the transfer of any licence, such licence may be transferred by the endorse ment of the officer who issued it, or by the issue of a fresh licence by him. 3. The fee of $ 10 for each licence for an eating-house imposed by section 31 of the above-named Ordinance is hereby remitted in the case of eating-houses for Chinese customers only. Order made by the Governor in Council under the provisions of The Spirit Licences Ordinance (21 of 1886), the 3rd and gazetted the 18th September, 1886. The following conditions shall be added to distillery licences issued under the provisions of Ordinance 21 of 1886 : CONDITIONS. 1. The premises shall, at all reasonable times, be open to the inspection of such officers as the Governor may, from time to time, appoint in that behalf. 2. The licensee shall, at the expiration of every consecutive period of 3 months from the date hereof, furnish to the Colonial Secretary a return of the total amount of spirits distilled, rectified , or compounded under this licence during such period. 2038 ORDINANCES Nos . 21 , 22 AND 23 OF 1886. Spirit Licences. French Mail Steamers. German Mail Steamers. 3. No spirits shall be sold or disposed of by the licensee, or by any one acting for him, or on his behalf, in less quantity than 36 gallons at one time. 4. This licence may be cancelled, and the licence fee paid in respect thereof for - feited, if the licensee be guilty of any of the following offences : (a.) Breach of any of the conditions of this licence. (b.) Breach of any regulations made or to be made in virtue of section 39 of Ordinance 21 of 1886. (c.) Distilling, rectifying, or compounding any spirits which shall , in the opinion of the Governor in Council, be deleterious to public health, or in any other respect a nuisance. No. 22 of 1886 . An Ordinance entitled The French Mail Steamers Ordinance continuation Ordinance, 1886. [ 28th August, 1886. ] 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 1st of September, 1887, inclusive. No. 23 of 1886. An Ordinance entitled An Ordinance to make temporary provision for securing the status of German Mail Steamers within the Ports of the Colony of Hongkong. [ 28th August, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BR Council thereof, as follows : Status of North 1. The steam packets of the North German Lloyds subsidised by the Imperial German Lloyds steamers. German Government to carry mails to and from this Colony, shall, when in the 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. Saving rights 2. Nothing contained in this Ordinance, and no rights or privileges hereby granted, of Crown. shall affect the rights of Her Majesty the Queen, Her Heirs or Successors . Expiry of 3. This Ordinance shall continue in force, until the first day of September, A.D. Ordinance . 1887, inclusive. NOTE : Continued in force by annual legislation down to the 30th April, 1890.  ORDINANCE No. 24 OF 1886 . 2039 Revenue. No. 24 of 1886. An Ordinance to authorize the Appropriation of a Supplementary Sum of One hundred and Twenty-three thousand Seven hundred and Ninety-eight Dollars and Eleven Cents to defray the Charges of the Year 1885 . [ 1st October, 1886. ) HEREAS it has become necessary to make further provision for the public. W service of the Colony for the year 1885 , 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 twenty-three thousand seven hundred and ninety eight dollars and eleven cents is hereby charged upon the revenue of this Colony for the service of the year 1885 , the said sum so charged being expended as hereinafter specified ; that is to say : — ESTABLISHMENTS : Governor, 633.57 Observatory, ... 811.34 Government Gardens and Plantations , 77.11 Judicial, 54.05 Medical, 2,452.87 -$ 4,028.94 - SERVICES EXCLUSIVE OF ESTABLISHMENTS : Colonial Treasurer, $ 1,280.87 Postmaster General, ……………… 18,254.61 Government Gardens and Plantations, 927.85 Medical, 559.11 Police, ... 1,326.36 Gaols, ..... 873.53 Works and Buildings , 6,447.33 Roads, Streets and Bridges, ....... 4,207.36 Miscellaneous Services, 26,310.51 Military Expenditure, . 3,992.00 $ 64,179.53 Extraordinary Public Works , ... 55,589.64 TOTAL, ... .$123,798.11 [ Repealed by Ordinance No. 4 of 1887. ] 2040 ORDINANCE No. 25 or 1886 . Revenue. No. 25 of 1886. An Ordinance to apply a sum not exceeding One million Ninety four thousand Nine hundred and Fourteen Dollars to the Public Service of the Year 1887. [ 1st October, 1886. ] HEREAS the expenditure required for the service of this Colony W for the year 1887 has been estimated at the sum of one million ninety -four thousand nine hundred and fourteen 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 ninety-four thousand nine . hundred and fourteen dollars shall be and the same is hereby charged upon the revenue of this Colony for the service of the year 1887 , and the said sum so charged may be expended as hereinafter specified ; that is to say : ESTABLISHMENTS : Governor, .... $ 8,775 Colonial Secretary , 10,736 Audit Office , .... 4,638 Colonial Treasurer, 6,080 Clerk of Councils , 340 Surveyor General , 47,385 Postmaster General , .... 27,372 Registrar General , .. 18,171 Harbour Master, 39,820 Lighthouses , 6,508 Observatory, 6,420 Collector of Stamp Revenue, 4,822 Government Gardens and Plantations, .... 7,794 Judicial, ... 38,653 Ecclesiastical, 1,158 Educational, .... 25,447 Medical,.... 19,758 Police Magistrates , 7,686 Police, ... 160,346 Gaol, ...... 27,192 Fire Brigade,.... 9.486 $478,587  ORDINANCES Nos . 25 AND 26 OF 1886 . 2041 Rerenue. Legislative Council Witnesses. Brought forward,…………………….. $ 478,587 SERVICES EXCLUSIVE OF ESTABLISHMENTS : -- Colonial Treasurer , ..... ...... Surveyor General , 2,520 Postmaster General , 68,000 Registrar General ... 25 Harbour Master, ...... Government Gardens and Plantations , 13,680 Judicial , ....... 860 Ecclesiastical ,. 1,220 Educational , 21,784 Medical , 16,023 Police Magistrates, 390 Police, 46,528 Gaol , 22,700 Fire Brigade , 9,300 Charitable Allowances , 4,000 Transport, .... 4,500 Works and Buildings , 10 . 74,500 Roads , Streets , and Bridges , 44,500 Miscellaneous Services,. 93,562 Military Expenditure , .... 137,235 Interest on Loan , .... 55,000 $ 616,327 GRAND TOTAL, ……………. .... $ 1,094,914 No. 26 of 1886. An Ordinance entitled An Ordinance for enabling the Legislative Council and any Committee thereof to compel the attendance of and to administer Oaths to Witnesses. [ 14th December , 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 1. This Ordinance may be cited for all purposes as " The Legislative Shor. title. [34 & 35 V. c. Council Witnesses Ordinance, 1886. " 83, s. 4. ] 2042 ORDINANCE No. 26 OF 1886 .. Legislative Council Witnesses. Examination of witnesses 2. The Legislative Council of the Colony and any committee there on oath. of may administer an oath to any witness examined before such Council [34 & 35 V. c. 83. § I. ] or committee and for that purpose shall have all such and the like powers , rights , and privileges , as are now possessed or exerciseable by the House of Commons of the United Kingdom of Great Britain and Ireland or any ――――――― committee thereof, in respect of, (a.) The enforcing the attendance of witnesses. (b .) The punishing persons guilty of contempt . False evidence. 3. Any person examined as aforesaid, who wilfully gives false evi [34 & 35 V. c. dence, shall be liable to the penalties of perjury. Any witness to be 83 , s . 2. ] examined under this Ordinance who, being a Christian, conscientiously objects to take an oath , may make his solemn affirmation and declaration in the words following : : " I , A. B. , do solemnly, sincerely, and truly affirm and declare that the taking of any oath is according to my religious belief unlawful and I do also solemnly, sincerely, and truly affirm and declare, & c ." Declaration Any witness to be examined under this Ordinance who is not a in lieu of oath. Christian, may in lieu of an oath make the following declaration which shall be duly interpreted to every such witness ignorant of the English language. ' I, A. B. , do solemnly, sincerely, and truly declare that the evidence which I am about to give shall be the truth, the whole truth , and nothing but the truth . ' Any solemn affirmation and declaration or declaration alone as aforesaid shall be of the same force and effect and shall entail the same consequences as an oath taken in the usual form . Any oath or affirmation and declaration or declaration alone as aforesaid may be administered by the presiding member of the said Council or any committee thereof. T  ORDINANCE No. 27 OF 1886 . 2043 Commissioners Powers. No. 27 of 1886. An Ordinance entitled An Ordinance to enable the Governor of Hongkong to appoint Commissions under the seal of the Colony and to confer certain powers on Commissioners so appointed necessary for conducting Inquiries. [ 14th December, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : 66 1. This Ordinance may be cited for all purposes as The Commis Short title. sioners Powers Ordinance, 1886. " 2. The Governor in Council shall have power to nominate and Power to Governor to appoint commissioners under the seal of the Colony for the purposeof appoint com missioners. instituting making and conducting any inquiry that may be deemed advisable or necessary and for reporting thereon ; and also to appoint a secretary or clerk to such commissioners at such salary or remuneration as he may think fit ; and in case of any vacancy occurring in the office Power to fill vacancies. of any commissioner, secretary , or clerk so appointed by reason of such [33 and 34 V. c. 105 , s. 5. ] commissioner, secretary, or clerk dying, resigning, declining, or being or becoming incapable to act, from time to time in like manner to fill up such vacancy . 3. All commissioners so appointed as aforesaid , shall if the Governor Power of commis in Council deem it necessary or expedient, and provided that the commis sioners appointed by sion , under which they are appointed , so direct , have all or any of the the Governor. [Ibid. s. 6. ] powers , rights , and privileges following that is to say : ( 1. ) All such powers as are now or may hereafter be vested in the Supreme Court of the Colony or in any Judge for the time being thereof on the occasion of any action or suit in respect of the following matters : (a . ) The enforcing the attendance of witnesses and examining them on oath, affirmation , or otherwise, as they or he may think fit. (b. ) The compelling the production of documents. (c. ) The punishing persons guilty of contempt . (d.) The ordering an inspection of any property. 2044 ORDINANCE No. 27 OF 1886 . Commissioners Powers. And in such cases a summons under the hand of the chairman or presiding member of any such commission as aforesaid , countersigned by the secretary, or clerk ( if any) to such commission , may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for enforcing the attendance of witnesses , or compelling the production of documents ; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the chairman or presiding member of any such commission as aforesaid , countersigned by the secretary or clerk as aforesaid ( if any ) , and shall not authorise the imprisonment of any offender for a period exceeding three months. (2. ) The power for the purposes of their commission to enter and view any premises . (3. ) The right to conduct every examination of witnesses as aforesaid, either in public or private, as their commission may direct ; provided that if such examination be con ducted in public , due notice shall be given of the time and place of holding the same, but with power to the commissioners to adjourn any meeting from time to time and from one place to another. Indemnity to 4. If in the opinion of the Governor in Council the special circum witnesses. [Ibid. s. 7. ] stances of any inquiry render it necessary or expedient, and provided the commission , under which the commissioners are appointed , so direct , any person examined as a witness in any inquiry as aforesaid, who in the opinion of the commissioners, makes a full and true disclosure touching all the matters in respect of which he is examined , shall receive a certificate under the hand of the chairman or presiding member of such commission , countersigned by the secretary or clerk (if any ) , stating that the witness has upon his examination made a full and true disclosure as aforesaid ; and if any civil or criminal proceeding be at any time thereafter instituted against such witness in respect of any matter touching which he has been so examined , the tribunal before which such proceeding is instituted shall , on the production and proof of the certificate , stay the proceeding, and may in its discretion award to such witness any costs he may have been  ORDINANCE No. 27 OF 1886 . 2045 Commissioners Powers. put to by the institution of the proceeding ; provided that no evidence taken under the powers conferred by this Ordinance shall be admissible against any person in any civil or criminal proceeding whatever, except in the case of a witness who may be accused of having given false evidence before any such commissioners as aforesaid conducting any inquiry. 5. The Captain Superintendent of Police for the time being and all Police aid to commis inspectors of Police, officers, gaolers and bailiffs shall and they are hereby sioners. [ Ibid. s. 6. ] required to give their aid and assistance to all commissioners so appointed as aforesaid in the execution of their office. 6. Every person who upon examination upon oath or affirmation or Penalty for false swear otherwise under this Ordinance wilfully gives false evidence shall be ing, &c. [Ibid. s. 8. ] liable to the penalties of perjury . 7. Upon the recommendation of any commissioners so appointed as Expenses of witnesses. aforesaid, the Governor shall have power to order that the actual expenses [ Ibid. s. 9. ] for loss of time or travelling of any witness examined under this Ordi nance be paid out of the Colonial Treasury. 8. In all cases, all commissioners appointed under this Ordinance, Protection to commis shall have such and the like protection and privileges , in case of any action sioners. [ Ibid. s. 10.] or suit brought against them for any act done or omitted to be done in the execution of their duty, as is by law given by any Ordinance or Ordi nances now or hereafter to be in force to Magistrates or Justices acting in execution of their office. 9. Service upon any person of a summons under this Ordinance may Service of a summons. be made by leaving the summons at his usual or last known place of [ Ibid. s. 11. ] residence or business in the Colony. 10. No person shall be liable to any action , suit, indictment, or Protection to persons proceeding by reason of his publishing a true account of any evidence publishing true accounts taken in public in pursuance of the powers conferred by this Ordinance or of evidence. [ Ibid. s. 12.] of any report of the commissioners made public by the authority of the Governor. 11. No action or suit shall be brought against any commissioners Limitation of actions. appointed under this Ordinance or any other person whomsoever, for any [Ibid. s. 13.] thing done in the execution of their or his duty under this Ordinance or under the powers conferred upon them or him by their or his appointment or commission unless such action or suit be brought within six months next after the doing of such thing. 2046 ORDINANCE No. 28 OF 1886. Wills Act Amendment. No. 28 of 1886. [15 & 16 Vic. An Ordinance entitled An Ordinance to amend the Law relating c. 26. ] to Wills. [ 14th December, 1886. ] E 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 for all purposes as " The Wills Act Amendment Ordinance, 1886." Interpreta 2. The expression " Principal Act " in this Ordinance shall mean tion. an Act passed in the 7th year of the reign of His Majesty King WILLIAM the 4th, and the 1st year of the reign of Her Present Majesty Queen VICTORIA chapter 26 entitled " An Act for the Amendment ofthe Laws with respect to Wills ," and Interpreta The word Will" shall in the construction of this Ordinance be tion of Wills. interpreted in like manner as the same is directed to be interpreted under [ 15 & 16 Vic. c. 24, s. 3. ] the provisions in this behalf contained in the Principal Act. Repeal. 3. So much of Ordinance No. 3. of 1854 as relates to the Act passed in the 15th and 16th years of Her present Majesty chapter 24 is hereby repealed , but such repeal shall not affect any past operation of the said Ordinance or any thing done or suffered thereunder. When will . shall be 4. Every will shall so far only as regards the position of the signa deemed valid as regards the ture of the testator, or of the person signing for him as aforesaid , be position of deemed to be valid within the Principal Act as explained by this Ordi the testator's signature. nance, if the signature shall be so placed at or after, or following, or [ 15 & 16 Vic. c. 24, s. 1. ] under, or beside, or opposite to the end of the will, that it shall be appa rent on the face of the will that the testator intended to give effect by such his signature to the writing as his will ; and no such will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will , or by the circumstance that a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation , or shall follow or be after or under the clause of attestation , either with or without a blank space intervening or shall follow or be after , or under, or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on a side  ORDINANCES Nos . 28 AND 29 OF 1886. 2017 Wills Act Amendment. Bills of Lading. or page or other portion of the paper or papers containing the will whereon no clause or paragraph or disposing part of the will shall be written above the signature, or by the circumstance that there shall appear to be suffi cient space on or at the bottom of the preceding side or page or other portion of the same paper on which the wil is written to contain the signature ; and the enumeration of the above circumstances shall not restrict the generality of the above enactment ; but no signature under the Principal Act or this Ordinance shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted, after the signature shall be made. 5. The preceding provisions of this Ordinance shall extend and be Ordinance extend to applied to every will made prior to the 31st October, 1854, and taking certain wills already made. effect in the Colony, administration to which or probate of which had not [15 & 16 Vic. c. 24. s. 2. ] up to that date been granted or ordered by a Court of competent juris diction in consequence of the defective execution of such will , or where the property not being within the jurisdiction of the Supreme Court has not been possessed or enjoyed by some person or persons claiming to be entitled thereto in consequence of the defective execution of such will , or the right thereto shall not have been decided to be in some other person or persons than the persons claiming under the will, by a Court of com petent jurisdiction in consequence of the defective execution of such will , and to every will made since the 31st of October, 1854. No. 29 of 1886. An Ordinance entitled An Ordinance relating to Bills of Lading. [ 14th December, 1886. ] HEREAS it is expedient that Ordinance No. 2 of 1856 should be W re-enacted with certain amendments : Be it enacted by the Gov ernor of Hongkong, with the advice of the Legislative Council thereof, as follows : 6 1. This Ordinance may be cited for all purposes as The Bills of Short title. Lading Ordinance, 1886," 2048 ORDINANCE No. 28 of 1886 . Bills of Lading. Repeal. 2. Ordinance No. 2 of 1856 is hereby repealed but such repeal shall not affect the past operation of the said Ordinance nor anything done or suffered thereunder. Rights under 3. Every consignee of goods named in a bill of lading, and every bills of lading to vest in endorsee of a bill of lading to whom the property in the goods therein consignee or endorsee. " mentioned shall pass , upon or by reason of such consignment or endorse 18 & 19 Vic. č. 111, s. 1. ] ment, shall have transferred to and vested in him all rights of suit , and be subject to the same liabilities in respect of such goods , as if the contract contained in the bill of lading had been made with himself. Not to affect 4. Nothing herein contained shall prejudice or affect any right of right of stop page in tran stoppage in transita , or any right to claim freight against the original situ or claims for freight. shipper or owner, or any liability of the consignee or endorsee by reason 18 & 19 Vic. 6. 111 , s. 2. ] or in consequence of his being such consignee, or endorsee , or of his receipt of the goods by reason or in consequence of such consignment or endorsement . Bill of lading 5. Every bill of lading in the hands of a consignee or endorsee for in hands of consignee, & c. , valuable consideration representing goods to have been shipped on board conclusive evidence of a vessel , shall be conclusive evidence of such shipment as against the the shipment as against master or other person signing the same, notwithstanding that such master, &c . [ 18 & 19 Vic. goods or some part thereof may not have been so shipped, unless such c. 111 , s. 3.7 holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Proviso. Provided that the master or other person so signing may exonerate him self respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims .  ORDINANCE No. 30 OF 1886. 2049 Companies. No. 30 of 1886. An Ordinance entitled An Ordinance to amend the Companies See Ordi nances No 1of Ordinances 1865 to 1886. 1865, Nos. 2 & 3 of 1866, No. of 1877, [ 12th January, 1887. ] No. 14 of 1881, No. 3 of HEREAS it is desirable that certain imperial acts amending the 1883 and No. 25 of1890. ] W law relating to joint stock companies should be introduced into the Colony Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : PART I. Preliminary. 1. This Ordinance may be cited for all purposes as The Companies Short title and construc Ordinance, 1886 and shall so far as is consistent with the tenor thereof tion. be construed as one with The Companies Ordinances 1865 to 1881 and all Ordinances amending the same and the said Ordinances and this Ordinance may be referred to as The Companies Ordinances 1865 to 1886 . PART II. Joint stock companies arrangement. 2. Where any compromise or arrangement shall be proposed between Where com promise a company which is , at the time of the passing of this Ordinance or proposed, Court may afterwards, in the course of being wound up, either voluntarily or by or order a meet ing of cred under the supervision of the Supreme Court, under The Companies itors, &c. , to decide as to Ordinances 1865 to 1886 or any of them , and the creditors of such company , such com promise. or any class of such creditors , it shall be lawful for the Court , in addition [33 & 34 V. c. 104 , s. 2. ] to any other of its powers , on the application in a summary way of any creditor or the liquidator, to order that a meeting of such creditors or class of creditors shall be summoned in such manner as the Court shall direct, and if a majority in number representing three fourths in value of such creditors or class of creditors present either in person or by proxy at such meeting shall agree to any arrangement or compromise , such arrangement or compromise shall, if sanctioned by an order of the Court, be binding on all such creditors or class of creditors, as the case may be, and also on the liquidator and contributories of the said company. 3. The word company in the last section shall mean any company Interpreta tion. liable to be wound up under The Companies Ordinance, 1865. [Ibid. s. 3. ] 2056 ORDINANCE No. 30 OF 1886 . Companies. PART III. Reduction of Capital . Construction 4. The word capital as used in The Companies Ordinance, 1877, of capital; Power to shall include paid up capital ; and the power to reduce capital conferred reduce capital: by that Ordinance shall include a power to cancel any lost capital, or any [40 and 41. V. e. 26. s. 3. ] capital unrepresented by available assets or to pay off any capital which may be in excess of the wants of the company ; and paid up capital may be reduced either with or without extinguishing or reducing the liability (if any ) remaining on the shares of the company and to the extent to which such liability is not extinguished or reduced, it shall be deemed tɔ be preserved, notwithstanding any thing contained in The Companies Ordinance, 1877. Application 5. The provisions of The Companies Ordinance, 1877, as amended of Ordinance No. 1 of 1877 , by this Ordinance , shall apply to any company reducing its capital in [Ibid. s. 4.] pursuance of this Ordinance and of The Companies Ordinance, 1877, as amended by this Ordinance : Provided that where the reduction of the capital of a company does not involve either the diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid up capital , ( 1. ) The creditors of the company shall not unless the Court otherwise direct , be entitled to object or required to consent to the reduction ; and ( 2. ) It shall not be necessary before the presentation of the petition for confirming the reduction to add, and the Court may, if it thinks it expedient so to do, dispense altogether with the addition of the words and reduced as mentioned in The Companies Ordinance, 1877. In any case that the Court thinks fit so to do, it may require the company to publish in such manner as it thinks fit the reasons for the reduction of its capital or such other information in regard to the reduction of its capital as the Court may think expedient with a view to give proper information to the public in relation to the reduction of its capital by a company, and, if the Court thinks fit, the causes which led to such reduction. The minute required to be registered in the case of reduction of capital shall show, in addition to the other particulars required by law,  ORDINANCE No. 30 OF 1886. 2051 Companies. the amount ( if any ) at the date of the registration of the minute proposed to be deemed to have been paid up on each share. 6. Any company limited by shares may so far modify the conditions Power to reduce contained in its memorandum of association , if authorised so to do by its capital by the cancelling of regulations as originally framed or as altered by special resolution, as to unissued shares. reduce its capital by cancelling any shares which , at the date of the passing [Ibid. s. 5. ] of such resolution , have not been taken or agreed to be taken by any person ; and the provisions of The Companies Ordinance, 1877 shall not apply to any reduction of capital made in pursuance of this section . PART IV . Accumulated profits . 7. When any company has accumulated a sum of undivided profits , Accumulated profits may be which with the consent of the shareholders may be distributed among returned to shareholders the shareholders in the form of a dividend or bonus, it shall be lawful for in reduction of paid-up the company, by special resolution, to return the same, or any part capital. [43 V. c. 19. thereof, to the shareholders in reduction of the paid up capital of the s. 3. ] company, the unpaid capital being thereby increased by a similar amount. The powers vested in the directors of making calls upon the shareholders in respect of moneys unpaid upon their shares shall extend to the amount of the unpaid capital as augmented by such reduction. 8. No such special resolution as aforesaid shall take effect until a No resolution to take effect memorandum , showing the particulars required by law in the case of a till particu- . lars have been reduction of capital by order of the Court, shall have been produced to registered. [43 V. c. 19, and registered by the registrar of companies. s. 4. ] 9. Upon any reduction of paid up capital made in pursuance of this Power to any shareholder Ordinance, it shall be lawful for any shareholder, or for any one or more within one month after of several joint shareholders , within one month after the passing of the passing of resolution to special resolution for such reduction , to require the company to retain , require com pany to retain and the company shall retain accordingly, the whole of the moneys actu moneys paid upon shares ally paid upon the shares held by such person, either alone or jointly held bysuch person. with any other person or persons, and which, in consequence of such [43 V. c. 19, reduction, would otherwise be returned to him or them, and thereupon 8.5. ] the shares in respect of which the said moneys shall be so retained shall , in regard to the payment of dividends thereon , be deemed to be paid up to the same extent only as the shares on which payment as aforesaid has been accepted by the shareholders in reduction of their paid up capital , 2052 ORDINANCE No. 30 OF 1886 . Companies. and the company shall invest and keep invested the moneys so retained in such securities , as may be authorised by the Supreme Court, and upon the money so invested , or upon so much thereof as from time to time exceeds the amount of calls subsequently made upon the shares in respect of which such moneys shall have been retained, the company shall pay such interest as shall be received by them from time to time on such securities, and the amount so retained and invested shall be held to represent the future calls which may be made to replace the capital so reduced on those shares, whether the amount obtained on sale of the whole or such proportion thereof as represents the amount of any call when made, produces more or less than the amount of such call. Company to 10. From and after such reduction of capital the company shall specify amounts specify in the annual lists of members , to be made by them in pursuance which share holders have of the twenty -fifth section of The Companies Ordinance, 1865, the amounts required them to retain which any of the shareholders of the company shall have required the under s. 10 ; * also to specify company to retain , and the company shall have retained accordingly, in amounts of profits return pursuance of the 9th section of this Ordinance and the company shall ed to share holders. also specify in the statements of account laid before any general meeting · [43 V. c. 19. s. 6.] of the company the amount of the undivided profits of the company which shall have been returned to the shareholders in reduction of the [* 9. ] paid up capital of the company under this Ordinance. PART V. Defunct companies. Power of 11. ( 1. ) Where the registrar of companies has reasonable cause to Registrar to strike names believe that a company , whether registered before or after of defunct companies off the passing of this Ordinance, is not carrying on business register. [43 V. c. 19, or in operation, he shall send to the company a letter 8. 7. ] inquiring whether the company is carrying on, business or in operation. ( 2. ) If the Registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen days after the expiration of the month send to the com pany a second letter referring to the first letter, and stating that no answer thereto has been received by the Registrar, and that if an answer is not received to the  ORDINANCE No. 30 of 1886 . 2053 Companies. second letter within one month from the date thereof, notice will be published in the Gazette with a view to striking the name of the company off the register . (3. ) If the Registrar either receives an answer from the company to the effect that it is not carrying on business or in operation , or does not within one month after sending the second letter receive any answer thereto, the Re gistrar may publish in the Gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved. (4. ) At the expiration of the time mentioned in the notice the Registrar may, unless cause to the contrary is previously shown by such company, strike the name of such com pany off the register, and shall publish notice thereof in the Gazette, and on the publication in the Gazette of such last mentioned notice the company whose name is so struck off shall be dissolved : Provided that the liabil ity (if any ) of every director, managing officer, and member of the company shall continue and may be en forced as if the company had not been dissolved . (5. ) If any company or member thereof feels aggrieved by the name of such company having been struck off the regis ter in pursuance of this section , the company or mem ber may apply to the Supreme Court and the Court, if satisfied that the company was at the time of the strik ing off carrying on business or in operation, and that it is just so to do, may order the name of the company to be restored to the register , and thereupon the company shall be deemed to have continued in existence as if the name thereof had never been struck off ; and the Court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had never been struck off. 2054 ORDINANCE No. 30 OF 1886. Companies. (6.) A letter or notice authorised or required for the purposes of this section to be sent to a company may either be sent by post or may be delivered by hand addressed to the company at its registered office, or, if no office has been registered, addressed to the care of some director or officer of the company, or if there be no director or officer of the company whose name and address are known to the Registrar, the letter or notice ( in identical form ) may be sent or delivered to each of the persons who subscribed the memorandum of association , address ed to him at the address mentioned in that memorandum. ( 7. ) In the execution of his duties under this section the Re gistrar shall conform to any regulations which may be from time to time made by the Governor in Council. PART VI . Claims in winding- up. Judicature Act 1873 sec. 12. In the winding - up of any company under The Companies Or 10. dinances 1865 to 1886 whose assets may prove insufficient for the pay ment of its debts and liabilities and the costs of winding-up , the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively as may be in force for the time being under the law of bankruptcy with respect to the estate of persons adjudged bankrupt ; and all persons who in any such case would be entitled to prove for and receive dividends out of the assets of any such company may come in under the winding up of such company, and make such claim against the same as they may be entitled to under any proceedings in bankruptcy. Wages and 13. In the distribution of the assets of any company being wound salary to be preferential up under The Companics Ordinances 1865 to 1886, there shall be paid in claims. [ 46 &47 V. c. priority to other debts , 28, s. 4. ] (a.) All wages or salary of any clerk or servant in respect of service rendered to the company during four months before the commencement of the winding up not exceed ing two hundred and forty dollars ; and  ORDINANCE No. 30 OF 1886. 2055 Companies. (b.) All wages of any labourer or workman in respect of services rendered to the company during two months before the commencement of the winding-up. 14. The debts mentioned in the preceding section shall rank equally Such claims to rank among themselves, and shall be paid in full, unless the assets of the equally. [46 & 47 V. c. company are insufficient to meet them, in which case they shall abate in 28, s. 5.] equal proportions between themselves . 15. Subject to the retention of such sums as may be necessary for Liquidator to discharge the costs of administration or otherwise, the liquidator or liquidators or same upon receipt of official liquidator shall discharge the said last mentioned debts forthwith, sufficient assets. so far as the assets of the company are and will be sufficient to meet them, [46 & 47 V. e. 28, s. 6. ] as and when such assets come into the hands of such liquidator or liquidators or official liquidator. PART VII. Miscellaneous. 16. And whereas it is expedient to make provision for the reception Reception as legalevidence as legal evidence of certificates of incorporation other than the original of certified copies. certificates, and of certified copies of and extracts from any documents [40 & 41 V. c. 26, s. 6. ) filed and registered under The Companies Ordinances 1865 to 1886 : Be it enacted, that any certificate of the incorporation of any company given by the registrar of companies shall be received in evidence as if it were the original certificate ; and any copy of or extract from any of the docu ments or part of the documents kept and registered at the office for the registration of joint stock companies within the Colony, if duly certified to be a true copy under the hand of the registrar of companies and whom it shall not be necessary to prove to be such registrar, shall, in all legal proceedings , civil or criminal, and in all cases whatsoever, be received in evidence as of equal validity with the original document . 17. The rules contained in the schedule hereto shall be the rules Rules. under and for the purposes of The Companies Ordinances 1865 to 1886, provided that such rules may be altered , added to or annulled in manner directed by the said Ordinances . L  2056 ORDINANCE No. 30 of 1886 . Companies. SCHEDULE ABOVE REFERRED TO. Petition to wind up company. " Construction. 1. In the construction of these rules :: The word the Judge shall mean any Judge of the Supreme Court to whom application is made under The Companies Ordinances, 1865 to 1886 or these rules or any rules added or altered under the provisions of the said Ordi nauces or these rules, and The word the Registrar shall mean the Registrar of the Supreme Court . Title ofpetition. 2. Every petition for the winding - up of any company by the Court, or subject to [General orders (England) Nov., the supervision of the Court and all notices, affidavits and other proceedings under such 1862, rule 1.] petition shall be entitled in the matter of the Companies Ordinances 1885 to 1886 and of the company to which such petition shall relate, describing the company by its most usual style or firm name. Advertisement 3. Every such petition shall be advertised seven clear days before the hearing once ofpetition. [Ibid, r. 2.] in the Gazette, and once at least in one of the Hongkong daily newspapers. The advertisement shall state the day on which the petition was presented , and the name and address of the petitioner or petitioners and of his or their solicitor. Service of 4. Every such petition shall, unless presented by the company, be served at the petition. [Ibid, r. 3. ] registered office (if any) of the company, and if there be no registered office, then at the principal, or last known principal place of business of the company in the Colony, if any such can be found, upon any member, officer, or servant of the company there, or in case no such member, officer, or servant can be found there, then by being left at such registered office or principal place of business, or by being served on such member or members of the company as the Court may direct ; and every petition for the winding up of a company subject to the supervision of the Court shall also be served upon the liquidator (if any ) appointed for the purpose of winding- up the affairs of the company. ‫ر‬ Affidavit verify 5. Every petition for the winding-up of any company by the Court , or subject to ing petition. (Ibid, r. 4.] the supervision of the Court, shall be verified by an affidavit referring thereto, such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by the company, by some director, secretary, or other principal officer thereof ; and shall be sworn after and filed within four days, after the petition is presented, and such affidavit shall be sufficient primafacie evidence of the statements in the petition. Copies ofpetition 6. Every contributory or creditor of the company shall be entitled to be furnished to be supplied. {Ibid, r. 5.] by the solicitor to the petitioner, with a copy of the petition, within twenty-four hours. after requiring the same on paying at the rate of 10 cents per folio of seventy-two words for such copy.  ORDINANCE No. 30 of 1886 . 2057 Companies. Order to wind- up company. 7. Every order for the winding-up of a company, by the Court or subject to its Advertisement and service of order. supervision, shall within twelve days after the date thereof, be advertised by the peti Ibid, r. 6.] tioner once in the Gazette, and shall be served upon such persons (if any) and in such manner as the Court may direct. 8. Within ten days after the date of the order to wind up a summons may be Proceedings on order. [Ibid, r. 7.1 taken out by the petitioner to proceed with the winding-up of the company and in default thereof such summons may be taken out by any other person interested in the winding-up and in case the summons be taken out by any other person than the peti tioner the Judge may, if he thinks fit, give the carriage and prosecution of the order to such person . Such summons shall be served upon all parties who may have appeared upon the hearing of the petition . Upon the return of such summons, a time shall, if the Judge thinks fit, be fixed for the appointment of an official liquidator and for the proof of debts and for the list of contributories to be brought in and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and the parties to attend thereon . The proceedings under the order shall be continued by adjournment , and when necessary, by further summons, and any such direction as aforesaid may be given , added to, or varied, at any subsequent time, as may be found necessary. Official liquidator. 9. The Judge may appoint a person to the office of official liquidator, without Appointment of official liquidator. previous advertisement or notice to any party, or fix a time and place for the appoint [Ibid, r. S.] . ment of an official liquidator, and may appoint or reject any person nominated at such time and place, and appoint any person not so nominated. 10. When a time and place are fixed for the appointment of an official liquidator, Advertisement as to appoint such time and place shall be advertised in such manner as the Judge shall direct, so ment. Ibid, r. 9.1 that the first or only advertisement shall be published within fourteen days and not less than seven days before the date so fixed . 11. Every official liquidator shall give security by entering into a recognizance with Security of official liquidator. two or more sufficient sureties in such sum as the Judge may approve ; and the Judge [Ibid, r. 10.] may, if he shall think fit, accept the security of any guarantee society established by charter or act of Parliament in England or local ordinance in lieu of the security of such sureties as aforesaid, or of any of them . 12. The official liquidator shall be appointed by order, and unless he shall have Order appoint ing official given security, a time shall be fixed by such order within which he is to do so : and liquidator. {Ibid, r. 11.1 the order shall fix the times or periods at which the official liquidator is to leave his accounts of his receipts with the Registrar, and shall direct that all moneys to be received shall be paid into Court or into such Bank as the Court may direct imme diately after the receipt thereof to the account of the official liquidator of the company, ; 2058 ORDINANCE No. 30 OF 1886 . Companies. and if paid into a Bank an account shall be opened there accordingly and an office copy of the order shall be lodged at such Bank. Certificate of security given. 13. When an official liquidator has given security pursuant to the directions in [Ibid, v. 12.1 the order appointing him, the same shall be certified by the Registrar as in the case of a receiver appointed in a suit subject to giving security. Fresh security 14. The official liquidator shall on each occasion of passing his account and also when required. |ibid, r. 13.] whensoever the Judge may so require, satisfy the Judge that his sureties are living, and resident in the Colony and have not been adjudged bankrupt or become insolvent, and in default thereof he may be required to enter into fresh security within such time as sball be directed . Advertisement 15. Every appointment of an official liquidator shall be advertised in such manner ofappointment made, [Ibid, r. 14.] as the Judge shall direct, immediately after he has been appointed, and has given security. Provisional 16. Where it is desired to appoint provisionally an official liquidator an applica official liquidator. tion for that purpose may, at any time after the presentation of the petition for [ bid, r. 15.] winding-up the company, be made by summons, without advertisement or notice to any person, unless the Judge shall otherwise direct ; and such provisional official liqui dator may, if the Judge shall think fit, be appointed without security. Vacancy in 17. In case of the death, removal, or resignation of an official liquidator another office of official liquidator. shall be appointed in his room, in the same manner as directed in the case of a first [Ibid, r. 16. ] appointment , and the proceedings for that purpose may be taken by such party interested as may be authorized by the Judge to take the same. Accounts. 18. The official liquidator shall, with all convenient speed after he is appointed , [Ibid, r. 17.] proceed to make up, continue, complete, and rectify the books of account of the com pany, and shall provide and keep such books of account as shall be necessary, or as the Judge may direct, for the purposes aforesaid, and for shewing the debts and credits of the company, including a ledger which shall contain the separate accounts of the con tributories, and in which every contributory shall be debited from time to time with the amount payable by him in respect of any call to be made as provided by The Companies Ordinances 1865 to 1886 and these rules. Remuneration 19. The official liquidator shall be allowed in his accounts, or otherwise paid , ofliquidator. [Ibid, r. 18. such salary or remuneration as the Judge may from time to time direct including any necessary employment of assistants or clerks by the official liquidator, to which regard shall be had, and such salary or remuneration may either be fixed at the time of his appointment, or at any time thereafter, as the Judge may think fit. Every allowance of such salary or remuneration , unless made at the time of his appointment, or upon passing an account, shall be made upon application for that purpose by the official liquidator, on notice to such persons (if any) , and supported by such evidence as the Judge shall require : nevertheless, the Judge may from time to time allow any sum he may think fit to the official liquidator, on account of the salary or remuneration to be thereafter allowed.  ORDINANCE No. 30 or 1886 . 2059 Companies. 20. The accounts of the liquidator shall be left with the Registrar at the times Passing accounts. directed by the order appointing him, and at such other times as may from time to [Ibid, r. 19.] time be required by the Judge, and such accounts shall, upon notice to such parties (if any) as the Judge shall direct, be passed and verified in the same manner as receivers' accounts . Proof of debts. 21. For the purpose of ascertaining the debts and claims due from the company, Advertisement for creditors. and of requiring the creditors to come in and prove their debts or claims , an advertise [Ibid, r. 20.) ment shall be issued, at such time as the Judge shall direct and such advertisement shall fix a time for the creditors to send their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors ( if any) , to the official liquidator, and appoint a day for adjudicating thereon. 22. The creditors need not attend upon the adjudication, nor prove their debts Attendance of creditors. or claims, unless they are required to do so by notice from the official liquid.tor ; but [Ibid, r. 21.] upon such notice being given , they are to come in and prove their debts or claims within a time to be therein specified. 23. The official liquidator shall investigate the debts and claims sent in to him, List of debts. [Ibid, r. 22.1 and ascertain, so far as he is able, which of such debts and claims are justly due from the company and he shall make out and leave with the Registrar a list of all the debts and claims sent in to him, distinguishing which of the debts and claims, or parts of debts and claims so claimed, are, in his opinion, justly due and proper to be allowed without further evidence, and which of them, in his opinion, ought to be proved the creditors and he shall make and file, prior to the time appointed for adjudication , an affidavit setting forth which of the debts and claims in his opinion are justly due and proper to be allowed without further evidence, and stating his belief that such debts and claims are justly due and proper to be allowed , and the reasons for such belief. 24. At the time appointed for adjudicating upon the debts and claims, or at any Allowance of debts. adjournment thereof, the Judge may either allow the debts and claims upon the [Ibid, r. 23.] affidavit of the official liquidator, or may require the same, or any of them, to be proved by the claimants, and adjourn the adjudication thereon to a time to be then fixed ; and the official liquidator shall give notice to the creditors whose debts or claims have been so allowed of such allowance. 25. The official liquidator shall give notice to the creditors whose debts or claims Proof of debts. [Ibid, r. 24.] have not been allowed upon his affidavit, that they are required to come in and prove the same by a day to be therein named, being not less than four days after such notice, and to attend at a time to be therein named, being the time appointed by the advertise ment, or by adjournment (as the case way be) for adjudicating upon such debts and claims. 2060 ORDINANCE No. 30 OF 1886 . Companies. Date ofvaluation 26. The value of such debts and claims as are made admissible to proof by the of debts. [Ibid, r. 25.] 146th section of The Companies Ordinance 1865 shall so far as is possible, be estimated according to the value thereof at the date of the order to wind-up the company. Interest on 27. Interest on such debts and claims as shall be allowed shall be computed, as debts. [Ibid, r. 26.] to such of them as carry interest, after the rate they respectively carry ; any creditor whose debt or claim so allowed does not carry interest, shall be entitled to interest, at such rate per cent per annum as may from time to time be allowed by the Court or a Judge under The Usury Ordinance 1886 from the date of the order to wind-up the company, out of any assets which may remain after satisfying the costs of the winding up, the debts and claims established, and the interest of such debts and claims as by law carry intereɛt. Costs of proof. 28. Such creditors as come in and prove their debts or claims pursuant to notice [/bid, r. 27.3 from the official liquidator, shall be allowed their costs of proof, in the same manner as in the case of debts proved in a suit. Registrar's 29. The result of the adjudication upon debts and claims shall be stated in a certificate of debts. [Ibid, r. 28.] certificate to be made by the Registrar and certificates as to any of such debts and claims may be made from time to time. All such certificates shall state whether the debts or claims are allowed or disallowed, and whether allowed as against any parti cular assets, or in any other qualified or special manner. List of contributories. List of contri 30. The official liquidator shall, with all convenient speed after his appointment, butories. [Ibid, r. 29.] or at such time as the Judge shall direct, make out and leave with the Registrar, a list of the contributories of the company, and such list shall be verified by the affidavit of the official liquidator, and shall, so far as is practicable, state the respective addresses of, and the number of shares or extent of interest to be attributed to each such contributory, and distinguish the several classes of contributories . And such list may from time to time, by leave of the Judge, be varied or added to by the official liquidator. Notice of 31. Upon the list of the contributories being left with the Registrar the official appointment to settle. Ubid, r. 30.] liquidator shall obtain an appointment for the Judge to settle the same, and shall give notice in writing of such appointment to every person included in such list, and stating in what character and for what number of shares, or interest, such person is included in the list ; and in case any variation or addition to such list shall at any time be made by the official liquidator, a similar notice in writing shall be given to every person to whom such variation or addition applies. All such notices shall be served four clear days before the day appointed to settle such list or such variation or addition . Registrar's 32. The result of the settlement of the list of contributories shall be stated in a certificate. [Ibid, r. 31.) certificate by the Registrar and certificates may be made from time to time for the purpose of stating the result of such settlement down to any particular time, or as to any particular person, or stating any variation of the list.  ORDINANCE No. 30 of 1886 . 2061 Companies. Sales of property. 33. Any real or personal property belonging to the company may be sold with Sales of property. the approbation of the Judge, in the same manner as in the case of a sale under a [Ibid, r. 32.] decree or order of the Court in a suit, or, if the Judge shall so direct, by the official liquidator ; and upon any such sale by the official liquidator, the conditions or contracts of sale shall be settled and approved of by the Judge, unless he shall otherwise direct, and the Judge may, if he thinks fit, direct such conditions and contracts, and the abstract of the title to the property, to be submitted to counsel and may , on any sale by public auction , fix a reserved bidding ; and, unless on account of the small amount. of the purchase moneys or other cause it shall, having regard to the amount of the security given by the official liquidator, be thought proper that the purchase moneys shall be paid to him, all conditions and contracts of sale shall provide that the purchase moneys shall be paid by the respective purchasers into Court or into such bank as the Court may direct to the account of the official liquidator of the company. Calls. 34. Every application to the Judge to make any call on the contributories or any Summons for call. of them, for any purpose authorized by The Companies Ordinances 1865 to 1886 shall be [Ibid, r. 33.) made by summons, stating the proposed amount of such call ; and such summons shall be served four clear days at the least before the day appointed for making the call, on every contributory proposed to be included in such call ; or if the Judge shall so direct, notice of such intended call may be given by advertisement. 35. When any order for a call has been made, a copy thereof shall be forthwith Service of order. served upon each of the contributories included in such call, together with a notice [Ibid, r. 34. from the official liquidator specifying the amount or balance due from such contributory (having regard to the provisions of the said Ordinances) in respect of such call , but such order need not be advertised unless for any special reason the Judge shall so direct. 36. At the time of making an order for a call, the further proceedings relating Proceedings under order. thereto shall be adjourned to a time subsequent to the day appointed for the payment [Ibid, r. 35.] thereof, and afterwards from time to time so long as may be necessary ; and at the time appointed by any such adjournment, or upon a summons to enforce payment of the call, duly served, and upon proof of the service of the order and notice of the amount due, and non- payment an order may be made for such of the contributories. who have made default, or of such of them against whom it shall be thought proper to make such order, to pay the sum which by such former order and notice they were respectively required to pay, or any less sum which may appear to be due from them respectively . Payment in of moneys and deposit of securities. 37. If any official liquidator shall not pay all the moneys received by him into Default of payment into Court or such bank as aforesaid to the account of the official liquidator of the company, Court or bank. [Ibid, r. 36.] within seven days next after the receipt thereof, unless the Judge shall have otherwise 2062 ORDINANCE No. 30 OF 1886 . Companies. directed, such official liquidator shall be charged in his account with $5 for every $500 and a proportionate sum for any larger amount, retained in his hands beyond such period, for every seven days during which the same shall have been so retained, and the Judge may, for any such retention, disallow the salary or remuneration of such official liquidator. Bills, &c., to 38. All bills, notes, and other securities payable to the company or to the official be deposited in Court or a bank. 1Ibid, r. 37.1 liquidator thereof shall, as soon as they shall come to the hands of such official liqui dator, be deposited by him in Court or such bank as the Court may direct for the purpose of being presented by the Registrar or by the bank (as the case may be) for acceptance and payment, or for payment only, (as the case may be). Call, &c., to 39. All orders for payment of calls, balances, or other moneys due from any be paid into Court or bank. contributory or other person, shall direct the same to be paid into Court or such bank [Ibid, r. 38.] as the Court may direct to the account of the official liquidator of the company, unless on account of the smallness of the amount or other cause, it shall, having regard to the amount of the security given by the official liquidator, be thought proper to direct payment thereof to the official liquidator ; Provided that where any such order has been made directing payment of a specific sum into Court or some bank in case it shall be thought proper for the purpose of enabling the official liquidator to issue execution or take other proceedings to enforce the payment thereof, or for any other reason, an order may , either before service of such former order, or after the time thereby fixed for payment, be made, without notice, for payment of the same sum to the official liquidator. Notice as to 40. At the time of the service of any order for payment into Court or such bank payment into Court or bank. as aforesaid the official liquidator shall give to the party served a notice, for the [Ibid, r. 39.] purpose of informing him how the payment is to be made ; and before the time fixed for such payment, the liquidator shall furnish the Registrar or the cashier of such bank as aforesaid with a certificate of payment to be signed by the Registrar or cashier and delivered to the party paying in the money therein mentioned. Affidavit of 41. For the purpose of enforcing any order for payment of money into Court or non-payment. [Ibid, r. 40.] into a bank an affidavit of non-payment by the official liquidator, shall be sufficient evidence of the non-payment thereof. Title of account 42. All moneys, bills, notes, and other securities paid and delivered into Court. ofmoneys paid in. Ibid, r. 41.] or into a bank shall be placed to the credit of the account of the official liquidator of the company ; and orders for any such payment and delivery shall direct the same accordingly. Delivery out of securities, and payment out and investment of moneys. Cheques and 43. All bills, notes, and other securities delivered into Court or to any such bank requests. [Ibid, r. 42.] as aforesaid, shall be delivered out upon a request signed by the official liquidator, and countersigned by the Registrar and moneys placed to the account of the official liquidator shall be paid out upon cheques or orders signed by the official liquidator and countersigned by the Registrar.  ORDINANCE No. 30 OF 1886 . 2063 Companies. 44. All or any part of the money for the time being standing to the credit of the Investment. [Ibid, r. 43.] account ofthe official liquidator in Court or at any such bank as aforesaid and not immediately required for the purposes of the winding-up, may be invested as the Court may direct in the name of the official liquidator. All such investments shall be made upon a request signed by the official liquidator, and countersigned by the Registrar and which request shall be a sufficient authority for debiting the account with the purchase money and the securities share-certificates or other documents representing such invest ments shall be retained by or deposited with the Registrar or such bank as aforesaid in the name and on behalf of the official liquidator and such investments shall not afterwards be sold or transferred or otherwise dealt with except upon a direction for that purpose signed by the official liquidator and countersigned by the Registrar or under an order to be made by the Judge. 45. All dividends and interest to accrue due upon any such investments shall from Receipt of dividends. time to time be received by the Registrar or by such bank as aforesaid under a power [Ibid, r.,44.] of attorney to be executed by the official liquidator and placed to the credit of the account of such official liquidator. Meetings of creditors or contributories. 46. When the Judge shall direct a meeting of the creditors or contributories of Notice. Ibid, r. 45.} the company to be summoned under the 88th or 137th section of " The Companies Ordi nance 1865 " the official liquidator shall give notice in writing seven clear days before the day appointed for such meeting, to every creditor or contributory, of the time and place appointed for such meeting, and of the matter upon which the Judge desires to ascertain the wishes of the creditors or contributories ; or, if the Judge shall so direct, such notice may be given by advertisement in which case the object of the meeting need not be stated, and it shall not be necessary to insert such advertisement in the Gazette . 47. The votes of the creditors or contributories of the company at any meeting Votes. [Ibid, r. 46.] summoned by the direction of the Judge, may be given either personally or by proxy but no creditor shall appoint a proxy who is not a creditor of the company whose debt or claim has been allowed, and no contributory shall appoint a proxy who is not a contributory of the company. 48. The direction of the Judge for any meeting of creditors or contributories Memorandum as to calling meet under the 88th or 137th section of " The Companies Ordinance 1865 " and the appoint ing. [ id, r. 47.] ment of a person to act as chairman of any such meeting , shall be testified by a memo randum signed by the Registrar. Direction or sanction of the Judge. 49. The sanction of the Judge to the drawing, accepting, making and indorsing Bill of exchange or promissory of any bill of exchange or promissory note by any official liquidator shall be testified note. [Ibid, r. 48.] by a memorandum on such bill of exchange, or promissory note, signed by the Registrar. 2064 ORDINANCE No. 30 OF 1886 . Companies. Compromise. 50. Every application for the sanction of the Judge to a compromise with any Ibid, r. 49.] contributory or other person indebted to the company shall be supported by the affidavit of the official liquidator that he has investigated the affairs of such contributory or person, and stating his belief that the proposed compromise will be beneficial to the company, and his reasons for such belief; and the sanction of the Judge thereto shall be testified by a memorandum, signed by the Registrar on the agreement of compromise unless any party shall desire to appeal from the decision of the Judge, in which case an order shall be drawn up for that purpose. Other cases. (Ibid, r. 50, 51. The direction , or sanction of the Judge for any other proceeding or act to be taken or done by the official liquidator shall be obtained upon summons, and an order shall be drawn up thereon , unless the Judge shall otherwise direct . Application to the Court or Judge under sections 125, 126, 129, 155 and 156 of the Companies Ordinance 1865. Application how 52. Every application under the 125th , 126th or 129th section of " The Companies made. Ibid, r. 51.1 Ordinance 1865 " shall be made by petition or motion , or if the Judge shall so direct, by summons at chambers ; and every application under the 155th or 156th section of the said Ordinance shall be made by petition. Orders. Drawing up orders. 53. All orders made in chambers shall be drawn up in chambers, unless specially Ibid, r. 52.1 directed to be drawn up by the Registrar and shall be entered in the same manner, as other orders made in chambers . Advertisements. Insertion of 54. When an advertisement is required for any purpose except where otherwise advertisement<. Ibid, r. 53.1 directed by these rules, the advertisement shall be inserted once in the Gazette, and in such other newspaper or newspapers, and for such number of times as may be directed. The Judge may, in such cases as he shall think fit, dispense with any advertisement required by these rules. Admission of documents. Notice to admit. 55. Any party to any proceeding in Court or chambers relating to the winding [Ibid, r. 54. up of a company may by notice in writing call on any other party thereto competent to admit the same, to admit any document saving all just exceptions ; and in case of refusal or neglect so to admit, the costs of proving such document shall be paid by the party so refusing or neglecting unless , the Judge shall be of opinion that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice shall have been given , except in cases where the omission to give such notice has been, in the opinion of the Registrar on taxation, a saving of expense.  ORDINANCE No. 30 OF 1886 . 2065 Companies. Affidavits. 56. Where an order shall have been made for the winding-up of any company, Filing and office copies of any person intending to use any affidavit in any proceeding under such order, shall file affidavits . [Ibid, r. 55. the same with the Registrar and give notice thereof to the official liquidator. The person , other than the official liquidator, filing the affidavit shall not be required to take an office copy thereof, but an office copy thereof shall be taken by the official liquidator, and he shall produce the same at the hearing of any application or proceeding upon which it is intended to be used , unless the Judge shall otherwise direct . Certificate of Registrar. 57. The certificate of the Registrar shall be in such form as he may deem necessary Form of Regis. trar's certificate. and when prepared and settled shall be transcribed in such form and within such time [R. S. C. (England), 1883 order LV, r. 67 as the Registrar shall require, and shall be signed by the Registrar either then or (if substituted for Cons. Ord. necessary) at an adjournment to be made for that purpose. XXXV, r. 48.] 58. Any party may before the proceedings before the Registrar are concluded , Time for taking opinion of Judge before certificate take the opinion of the Judge upon any matter arising in the course of the proceedings signed by him. Ibid, r. 69. without any fresh summons for that purpose. Note Cons. Ord. XXXV, r. r. 49 to 51 are not revived.] 59. Every certificate with the accounts (if any) to be filed therewith shall be filed When certificate becomes binding by the Registrar and shall thenceforth be binding on all the parties to the proceedings application to discharge or vary unless discharged or varied upon application by summons to be made before the expira it. Ibid, r. 70.) tion of eight clear days after the filing of the certificate. 60. The Judge may if the special circumstances of the case require it upon an Discharge or variation after application by motion or summons for the purpose direct a certificate to be discharged lapse of time. [Ibid, r. 71.] or varied at any time after the same has become binding on the parties. Register and file ofproceedings. 61. Notes shall be kept of all proceedings in Chambers by the Judge's clerk with Register of proceedings. [General order proper dates, so that all the proceedings in each matter may appear consecutively and 1862, v. 57. Consolidated in chronological order with a short statementof the questions or points decided or order XXXV, v. 57 asalteredby S. ruled at every hearing and no document or proceedings are to be filed with the Registrar, R. C., 1883, (England) Ord. unless the Judge shall otherwise direct. LV, r. 73.] 62. All orders, exhibits, admissions, memorandums, and office copies of affidavits, File of proceed ings. [ General examinations , depositions, and certificates, and all other documents relating to the order, 1862, r. £8.] winding-up of any company, shall be filed by the official liquidator, as far as may be, in one continuous file and such file shall be kept by him or otherwise, as the Judge may from time to time direct. Every contributory of the company, and every creditor thereof whose debt or claim has been allowed , shall be entitled , at all reasonable times, to inspect such file free of charge, and, at his own expense, to take copies or extracts from any of the documents comprised therein, or to be furnished with such copies or extracts at a rate not exceeding five cents per folio of seventy -two words ; and such file shall be produced in Court, or before the Judge, and otherwise, as occasion may require. 2066 ORDINANCE No. 30 OF 1886 . Companies. Provisional official liquidator. Provisional 63. All the above rules relating to official liquidators shall, as far as the same are official liquidator. [lbid, r. 59.] applicable, and subject to the directions of the Judge in each case, apply to provisional official liquidators . Attendance and appearance ofparties. Attendance of 64. Every person for the time being, on the list of contributories of the company parties. [ Ibid, r. 60.] left with the Registrar by the official liquidator, and every person having a debt or claim against the company, allowed by the Judge, shall be at liberty, at his own expense, to attend the proceedings before the Judge, and shall be entitled , upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of; but if the Judge shall be of opinion that the attend ance of any such person upon any proceeding has occasioned any additional costs which ought not to be borne by the funds of the company, he may direct such costs or a gross sum in lieu thereof, to be paid by such person ; and such person shall not be entitled to attend any further proceedings until he has paid the same. Appointment of 65. The Judge may from time to time appoint any one or more of the contribu representative party. tories , or creditors, as he thinks fit, to represent before him, at the expense of the Ibid, r. 61.1 company, all or any class of the contributories or creditors, upon any question as to a compromise with any of the contributories or creditors, or in and about any other proceedings before him relating to the winding -up of the company, and may remove the person or persons so appointed . In case more than one person shall be so appoint ed , they shall unite in employing the same solicitor to represent them . Particulars to be 66. No contributory or creditor shall be entitled to attend any proceedings at the given before attendance. Chambers of the Judge, unless and until he or his duly constituted attorney has entered ilbid, r. 62.) in a book to be kept by the registrar for that purpose his name and address, and the name and address of his solicitor (if any) , and upon any change of his address or of his solicitor, his new address, and the name and address of his new solicitor. Services of summonses, notices, &c. Service how 67. Services upon contributories and creditors shall be effected (except when effected. [Ibid, r. 63.] personal service is required ) by delivering the notice, or a copy of the summons or order or other proceeding at, or by sending the same through the post in a pre-paid letter addressed to the solicitor of the party to be served (if any) or otherwise to the party himself at the address entered or last entered pursuant to the preceding rule ; or if no such entry has been made, then, if a contributory, at or to his last known address or place of abode ; and if a creditor, at or to the address given by him, pursuant to the foregoing rule 21 ; and the delivery and the time of the delivery of such notice, or copy, summons, order, or other proceeding may be proved by the affidavit of the party delivering the same and if such notice or copy, summons,  ORDINANCE No. 30 OF 1886 . 2067 Companies. order or other proceeding be sent through the post as aforesaid it shall be considered as served at the time, the same ought to be delivered in the due course of delivery by the Post Office, and notwithstanding the same may be returned by the Post Office. 68. No service under these rules shall be deemed invalid by reason that the Name of person incomplete . Christian name or name other than the surname or any of the Christian names or other [Ibid, r. 64.] names aforesaid of the person on whom service is sought to be made, has been omitted gnated by initial letters, in the list of contributories, or in the summons, order, notice, or other document wherein the name of such contributory or creditor is con tained, provided the Jadge is satisfied that such service is in other respects sufficient . 69. Upon the termination of the proceedings in Chambers for the winding -up of Proceedings on termination. any company, a balance-sheet shall be brought in by the official liquidator of his [Ibid, r. 65.] receipts and payments, and verified by his affidavit ; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified . And upon payment of such balance in such manner as the Court or Judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. 70. When the official liquidator has passed his final account, and the balance ( if Dissolution of company. any) certified to be due thereon has been paid in such manner as the Judge shall [Ibid, r. 66,] direct, a certificate shall be made by the Registrar that the affairs of the company have been completely wound up ; and in case the company has not been already dissolved , the official liquidator shall, immediately after such certificate has become binding, apply to the Judge for an order that the company be dissolved from the date of such order. 71. When the proceedings for winding-up any company have been completed , Deposit of filled proceedings. Ibid, r. 67.] the file of proceedings and the book containing the official liquidator's account, shall be deposited with the Registrar. Duties of solicitor of official liquidator. 72. The solicitor of the official liquidator shall conduct all such proceedings as Duties of solicitor. [Ibid, r. 73.] are ordinarily conducted by solicitors of the Court ; and where the attendance of his solicitor is required on any proceeding in Court or Chambers, the official liquidator need not attend in person , except in cases where his presence is necessary in addition to that of his solicitor, or the Judge shall direct him to attend. Petition to reduce capital. 73. Every petition for an order confirming a special resolution for reducing the Title of petition to reduce capital. capital of a company, and all notices, affidavits, and other proceedings under such [General order March, 1868, r. 2.] petition, shall be intituled in the matter of The Companies Ordinances 1877 and 1886 and ofthe company in question. 2068 ORDINANCE No. 30 OF 1886 . Companies. Certificate before 74. No such petition , as mentioned in the preceeding rule, shall be placed in the petition placed in list. [Ibid, r. 3.] hearing list until after the expiration of eight clear days from the filing of such certificate as is hereinafter mentioned in the 85th rule. Proceedings 75. When any such petition as last aforesaid has been presented , application after petition presented. may be made, ex parte by summons in Chambers, to the Judge for directions as to (Ibid , r. 4.] the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction and the Judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 12th section of The Com panies Ordinance 1877 and may , either at the same time or afterwards, as he shall think fit, give such directions as are hereinafter mentioned in the 76th and 77th rules. Advertisement 76. Notice of the presentation of the petition shall be published at such times, and of petition. [Ibid, r. 5.] in such newspapers as the Judge shall direct, so that the first insertion of such notice be made not less than one calendar month before the day of the date fixed as herein before mentioned in the 75th rule. Affidavit as 77. The company shall, within such time as the Judge shall direct, file with the to creditors. [Ibid, r. 6.] Registrar an affidavit made by some officer or officers of the company competent to make the same, verifying a list containing the names and addresses of the creditors of the company at the date fixed as hereinbefore mentioned in the 75th rule and the amounts due to them respectively. Contents of 78. The person making such affidavit shall state therein his belief that such list affidavit. . [Ibid, r. 7.] is correct, and that there was not at the date so fixed as aforesaid any debt, or claim which, if that date were the commencement of the winding up of the company would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such affidavit. Inspection of 79. Copies of such list containing the names and addresses of the creditors, and list of creditors. [Ibid, r. 8.] the total amount due to them, but omitting the amounts due to them respectively or (as the Judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of their solicitors and agents (if any) in the Colony and any person desirous of inspecting the same may at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of fifty cents. Notice to creditors. SO. The company shall, within seven days after the filing of such affidavit, or [Ibid, r. 9.] such further time as the Judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital, and the amount of the debt for which such creditor is entered in the said list and the time (such time to be fixed by the Judge) within which if he claims to be a creditor for a larger amount, he must send in his name and address, and the particulars of his debt, or claim, and the name and address of his solicitor (if any) to the solicitor of the company ; and such notice may be delivered by hand or sent through the post in a prepaid letter addressed to each creditor at his last known address or place of abode.  ORDINANCE No. 30 or 1886 . 2069 Companies. 81. Notice of the list of creditors shall, after the filing of the affidavit mentioned Advertisement as to list of in the 77th rule be published at such times, and in such newspapers, as the Judge shall creditors. [Ibid, r. 10.] direct. Every such notice shall state the amount of the proposed reduction of capital , and the places where the aforesaid list of creditors may be inspected and the time within which creditors of the company who are not entered on the said list, and are desirous of being entered therein, must send in their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors (if any) to the solicitor of the company. 82. The company shall, within such time as the Judge shall direct, file , with the Affidavit as to result of rules 79 and 80. Registrar an affidavit made by the person to whom the particulars of debts or claims [Ibid, r. 11.] are, by such notices as are hereinbefore mentioned in the 80th and 81st rules required to be sent in stating the result of such notices respectively , and verifying a list contain ing the names and addresses of the persons (if any ) who shall have sent in the parti culars of their debts or claims in pursuance of such notices respectively and the amounts of such debts or claims and some competent officer or officers of the company shall join in such affidavit, and shall in such list distinguish which (if any) of such debts and claims are wholly, or as to any and what part thereof admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company . 83. If any debt or claim, the particulars of which are so sent in, shall not be Proceedings where claim not admitted. admitted by the company at its full amount, then and in every such case , unless the [Ibid, r. 12.] company are willing to set apart and appropriate in such manner as the Judge shall direct the full amount of such debt or claim, the company shall, if the Judge thinks fit so to direct, send to the creditor, a notice that he is required to come in and prove such debt or claim, or such part thereof as is not admitted by the company, by a day to be therein named being not less than four clear days after such notice and being the time appointed by the Judge for adjudicating upon such debts and claims, and such notice shall be sent in the manner hereinbefore mentioned in the 80th rule . 84. Such creditors as come in to prove their debts or claims in pursuance of any Costs of proof. [Ibid, r. 13.] such notice as is hereinbefore mentioned in the 83rd rule shall be allowed their costs of proof against the company, and be answerable for costs, in the same manner as in the case of persons coming in to prove debts under a judgment or decree in a suit. 85. The result of the settlement of the list of creditors shall be stated in a Registrar's certificate as to creditors. certificate by the Registrar and such certificate shall state what debts or claims (if any) [Ibid, r. 14.] have been disallowed, and shall distinguish the debts or claims the full amount of which the company are willing to set apart and appropriate, and the debts or claims (if any) the amount of which has been fixed by inquiry and adjudication in manner provided by section 13 of " The Companies Ordinance 1877 " and the debts or claims (if any) the full amount of which is not admitted by the company, nor such as the company are willing to set apart and appropriate, and the amount of which has not been fixed by inquiry and adjudication as aforesaid and shall shew which of the 2070 ORDINANCE No. 30 OF 1886. Companies. creditors have consented in writing to the proposed reduction, and the total amount of the debts due to them, and the total amount of the debts or claims the payment of which has been secured in manner provided by the said 13th section and the persons to or by whom the same are due or claimed ; but it shall not be necessary to shew in such certificate the several amounts of the debts or claims of any persons who have consented in writing to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid . Placing petition 86. After the expiration of eight clear days from the filing of such last-mentioned in list. [1bad, r. 15.] certificate, the petition may be placed in the hearing list upon a note from the Registrar to the Judge's clerk stating that the certificate has been filed and become binding. Advertisement 87. Before the hearing of the petition, notices stating the day on which the same of hearing. [[bid, r. 16.] is appointed to be heard shall be published at such times and in such newspapers as the Judge shall direct. Who may appear. 88. Any creditor settled on the said list whose debt or claim has not, before the [Zoid, r. 17.] hearing of the petition, been discharged or determined , or been secured in manner provided by the 13th section of " The Companies Ordinance 1877 " and who has not before the hearing signed a consent to the proposed reduction of capital, may if he thinks fit, upon giving two clear days' notice to the solicitor of the company of his intention so to do, appear at the hearing of the petition and oppose the application. Costs of appear 89. Where a creditor who appears at the hearing under the last preceding rule is ance. [Ibid, r. 18.] a creditor the full amount of whose debt or claim is not admitted by the company, and the validity of such debt or claim has not been inquired into and adjudicated upon under section 18th of " The Companies Ordinance 1877" the costs of and occasioned by his appearance shall be dealt with as to the Court shall seem just, but in all other cases a creditor appearing under the last preceding rule shall be entitled to the costs of such appearance, unless the Court shall be of opinion that in the circumstances of the particular case his costs ought not be allowed . Directions at the 90. When the petition comes on to be heard, the Court may, if it shall so think hearing. [Ibid, r. 19.] fit, give such directions as may seem proper with reference to the securing in manner mentioned in section 13th of " The Companies Ordinance 1877 " the payment of the debts or claims of any creditors who do not consent to the proposed reduction ; and the further hearing of the petition may, if the Court shall think fit, be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims. Order confirming 91. Where the Court makes an order confirming a reduction , such order shall reduction. [Ibid, r. 20.] give directions in what manner and in what newspapers, and at what times, notice of the registration of the order and of such minute as mentioned in the 14th section of [* 1877) " The Companies Ordinance 1887 "* is to be published ; and shall fix the date until which the words and reduced are to be deemed part of the name of the company as mentioned in the 10th section of the said Ordinance.  ORDINANCE No. 30 OF 1886 . 2071 Companies. Forms. 92. The forms in use in England as prescribed by the General Orders of November Forms. [General order, 1862 and March 1868 in relation to joint stock companies or any subsequent order or 1862, r. 69.7 rules of Court in England may so far as circumstances of each case may require, be used for the purposes of " The Companies Ordinances 1865 to 1886 " and of these rules. Fees. 93. Solicitors shall be entitled to charge, and be allowed the fees set forth and Soliciter's fees. [Ibid, r. 70.) referred to in the first schedule hereto, unless the Court or Judge shall otherwise especially direct. 94. The fees of Court set forth and referred to in the second schedule hereto , Court fees. [Ibid, r. 71.] shall be paid in relation to proceedings in the Court under " The Companies Ordinances 1865 to 1886 " and shall be collected by means of stamps . Taxation of costs. 95. Where an order is made in Court or Chambers for payment of any costs, the Taxation of costs. order shall direct the taxation thereof by the Registrar except on interlocutory applica [Ibid, r. 72.] tions in cases where the Court deems it proper to direct or award a gross sum in lieu of taxed costs to be paid by any party to any other party. Power of Judge. 96. The Court, and a Judge sitting in Chambers, shall have power to enlarge, or General power of Judge. abridge the time in these rules prescribed for doing any act , or taking any proceeding [Ibid, r. 73.] to adjourn, or review any proceeding and to give any direction as to the course of proceeding, and in particular such power shall be had and exercised when any creditor [new] contributory or other person upon or to whom any petition summons notice or other document is required to be served , sent, delivered or given or by whom any act is required to be done, is not resident or has no known representative or attorney within the Colony. General. 97. The general practice of the Court including the course of proceeding and General practice practice of the Judges' Chambers, shall , in cases not provided for by " The Companies to apply. [Ibid, r. 74.] Ordinances 1865 to 1886 " or these rules, and so far as the same are applicable, and not inconsistent with the said Ordinances or these rules, apply to all proceedings for winding-up a company. 98. Notwithstanding any thing in the Hongkong Code of Civil Procedure to the Time for appeal. [R. S. C. England contrary the time for appealing to the Full Court as thereby defined from any order or Ord. 58, r. r. 9. 15.3 decision of any Judge sitting alone either in Court or Chambers in the matter of the winding-up of a company under the provisions of " The Companies Ordinances 1865 to 2072 ORDINANCE No. 30 OF 1886 . Companies. 1886 " or any Ordinance amending the same and of these rules shall except by special leave of the Court or Judge be limited to twenty-one days. Such period shall be calculated in the case of an appeal from an order in Chambers from the time when such order or decision was pronounced or when the appellant first had notice thereof, and in all other cases from the time at which the judgment or order is signed entered or otherwise perfected or in the case of the refusal of an application from the date of such refusal. THE FIRST SCHEDULE. Fees and charges to be allowed solicitors. For preparing and drawing up every order made at Chambers and at the Registrar's office to get the same entered , .$ 3.00 For engrossing every order in addition to the above per folio, . .10 For other duties performed according to any scale of fees and charges or the practice of the Supreme Court for the time being in force THE SECOND SCHEDULE. Courtfees in Judges Chambers. For every summons, .75 For every order drawn up by the Judge's clerk ..... 1.50 For every advertisement, 5.00 For every certificate, 1.50 For every oath, affirmation , declaration, or attestation upon honor, .50 By the Registrar. For every order made in Court, ...... 5.00 Do., Do., in Chambers ,. 1.50 For every office copy of an order,... 1.50 Upon the presentation of every petition , …………………. 5.00 By the Registrar as taxing master. For every summons but not more than one summons is to be issued on one bill or set of bills unless the Registrar shall think it necessary to issue a fresh summons , .75 On signing every report and certificate , ...... 2.50 Upon the taxation of every bill of costs as taxed where the amount shall not exceed $ 100 , ....... 2.50 Upon every additional $ 100 or fractional part thereof a further fee of, …………………… . 2.50 For every oath, affirmation declaration or attestation upon honour, ... .50  ORDINANCE No. 31 OF 1886 . 2073 Statute Law Preservation . No. 31 of 1886. An Ordinance entitled An Ordinance for preserving an authentic [ See Ordi nances No. 6 and No. 17 of record of the Ordinances ofthe Colony andfor other purposes. 1889. ] [ 12th January, 1887. ] WHEREAS a collection of the Ordinances of the Colony from the commencement thereof down to and inclusive of Ordinance No. 30 of 1886 , partly composed of original Ordinances, and partly of copies in print and manuscript, has been made by and under the direction of the commissioners appointed by the Governor for the revision of the Ordi nances, and the same has been certified by the secretary to the commis sioners, and deposited for safe custody with the Registrar of the Supreme Court, and it is expedient to make provision in respect thereof and for the recording of all future Ordinances and of all proclamations in relation thereto and of all rules, regulations , and orders made under or in pursu ance of such Ordinances : 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 Statute Law Preservation Ordinance, 1886. 2. Ordinances No. 7 of 1864 and No. 10 of 1875 are [ " Ordinance Repeal . No. 10 of 1875 is " as amended by Ordinance No. 6 of 1889 ] hereby repealed, but such repeal shall not affect the past operation of the said Ordinances or either of them [ amended by Ordinance No. 17 of 1889. ] The collection 3. The collection of the Ordinances , so deposited as aforesaid , is of Ordinances to form an hereby declared and shall be taken to be a true and authentic record of authentic the Ordinances therein comprised , as if they were all original Ordinances record of such Ordinances as duly authenticated under the hand of the Governor for the time being past . and the seal of the Colony. 4. From and after the commencement of this Ordinance, this and Recording of Ordinances, all Ordinances upon receiving the assent of the Governor and all procla &c. [see Colonial mations relating thereto and all such rules , orders and regulations as rules and regulations aforesaid immediately after they have been made by the Governor shall r. 181.] be transmitted by the Clerk of Councils , certified under the hand of the Governor and the seal of the Colony to the Registrar of the Supreme Court, for record ; and such Ordinances , proclamations, rules , regulations , and orders shall be deemed and considered in the Colony to be the origi 2074 ORDINANCES No. 31 OF 1886 AND No. 1 OF 1887. Statute Law Preservation. Post Office. nals thereof and may be proved in any Court or judicial proceedings by the production of an examined copy thereof or of a copy certified under the hand of the said Registrar. Registrar to 5. The said Registrar shall carefully preserve the said collection preserve them. and shall file all such Ordinances, proclamations , rules, regulations and orders as may hereafter be transmitted to him. Gazette and 6. Any such Ordinances, proclamations , rules, regulations or orders Government printers published in the Gazette and also any copies thereof purporting to be copies to be primâ facie printed by the Government printers, by authority, shall be deemed and evidence. accepted as primâ facie evidence of the contents thereof. Inspection 7. Any person shall be entitled to inspect the said Ordinances within and copies. the office hours of the Supreme Court on payment of 25 cents for each inspection not exceeding three hours and to take copies or extracts therefrom on payment of 25 cents per folio of 72 words for each copy or extract. No. 1 of 1887 . Title. An Ordinance entitled The Post Office Ordinance, 1887. [ 15th February , 1887. ] E it enacted by the Governor of Hongkong , with the advice of the BE - Legislative Council thereof, as follows : Interpreta 1. In this Ordinance, and in any Order in Council or regulation tion. made thereunder, unless the context indicates the contrary, the following expressions shall have the meanings set against them respectively, that is to say : Consignees' Letters . - Any letters forwarded by any vessel on the same voyage as and relating to goods or merchandise on board of such vessel . Contract Packet. - Any vessel for the conveyance of letter bags and correspondence under contract.  ORDINANCE No. 1 oF 1887 . 2075 Post Office. Correspondence.- 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 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. Letter Bag.- 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 . Master of a Vessel. -Any person in charge of a vessel , whether commander, mate, or other person . Officer of the Post Office.-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.- Every person employed in any business of the Post Office according to the interpretation given to officer of the Post Office. Postage Stamp.--Any label or stamp for denoting any rate of postage, or any envelope, wrapper, card, form, or paper, words, letters, or marks, purporting to authorise the transmission by post of any correspondence, whether such postage stamp shall be issued under this Ordinance or by the Postmaster General of the United Kingdom, or by the Government of any Colony or foreign country. Postmaster General. -The Postmaster- General of the Colony. Post Office.-Any house , building, room, or place where correspond ence is received or delivered , or in which it is sorted , made up , or despatched . Vessel. -Any ship or other vessel not being a contract packet. 2076 ORDINANCE No. 1 CF 1887. Post Office. General Post 2. There shall be one General Post Office of the Colony where cor Office. respondence 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. Postmaster 3. The Postmaster General, and all other officers of the Post Office General and officers con at the time of the passing of this Ordinance shall be continued in their tinued in their offices. offices, and shall have all the powers, and privileges hereby conferred upon the holders of their respective offices. Appointment 4. The Governor may from time to time appoint a Postmaster of officers in future. General of the 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 . Postmaster 5. The Postmaster General shall, by himself or his deputies, have General solely authorized to the entire charge of the General Post Office and of all postal matters receive and deliver all cor within the Colony, with sole power, within the Colony , of receiving respondence. from all persons authorized to deliver the 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 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 , unless exempt by law, shall be delivered in , or transmitted from the Colony otherwise than by or through the General Post Office. Letters 6. All correspondence which , by any Act of the Imperial Parlia excepted under Acts of ment, is excepted from the exclusive privilege of the Imperial Post Office, Imperial Parliament. shall within this Colony be excepted from the exclusive privilege of the Postmaster General of the Colony . Consignees ' letters shall be excepted from the exclusive privilege of the Postmaster General , but, if taken to the Post Office , such consignees ' letters shall be subject to the same rates of postage and general regulations as apply to other correspondence.  ORDINANCE No. 1 OF 1887 . 2077 Post Office. 7. The Postmaster General shall receive all postage payable in the Receipt of postage, and Colony and shall keep accounts of all correspondence received and de accounts . spatched by him, with the particulars of the postage thereof, in such manner and form as the Governor may from time to time direct. The accounts of monies payable to the Imperial Postmaster General shall be kept distinct from the accounts ofmonies 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. 8. The Governor in Council may from time to time by order deter Governor in Council may mine the rates of postage to be charged upon all correspondence sent by fix rates of postage. 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 instructions transmitted from the Secretary of State for the Colonies or from the Imperial Postmaster General. 9. The Governor shall publish every such order by proclamation in Orders to be published by the Gazette ; and every order, when so published , shall have the same proclamation. 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 con tinued in force until duly revoked or altered by the Governor in Council. 10. The Governor may, subject to such instructions as aforesaid , The Governor from time to time make , alter , and repeal , in relation to correspondence may ntion regulations. 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 , weights , 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, or in the postal guide published by the Postmaster General , and shall have no effect until so published . 11. Any question whether an article of correspondence is a letter, Decision as to newspapers, or whether any publication is a newspaper or a supplement, or whether packets, &c. any packet is a book packet or pattern or sample packet within the mean ing of this Ordinance, or of any order in Council or regulations made 2078 ORDINANCE No. 1 OF 1887 . Post Office. thereunder, shall be decided by the Postmaster General . The Governor may, if he thinks fit, on the application of any person interested , reverse or modify such decision , and order accordingly. Paid corre 12. All correspondence which arrives in this Colony fully paid spondence to be delivered according to the rates in force for the time being shall be delivered or ortransmitted without transmitted from the Post Office without further charge. further charge. Seamen's and 13. All letters received or sent by sailors or soldiers of Her Majesty's soldiers' letters. sea or land forces shall be charged with such reduction in the rates of postage as is allowed to them by any Act of the Imperial Parliament. Dies, &c. for 14. The Governor may from time to time provide proper postage postage stamps . stamps and proper dies and other implements for denoting, by adhesive stamps or otherwise , the rates of postage payable under this Ordinance, or any regulation thereunder. Opening 15. The Postmaster General may if necessary open, and if possible letters. - return to the sender : Unpaid (1. ) Any correspondence upon which the prepayment of postage letters. is compulsory, and which cannot be sent unpaid by any other route, and upon which the proper postage has not been paid . Dead letters. (2. ) Any correspondence which is returned to the General Post Office for 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 . Postage may 16. When any packet is delivered to the Post Office and has thereby be remitted on packets not become liable to postage, and evidence is adduced to the satisfaction of containing letters if sent the Postmaster General that such packet has been delivered to the Post in mistake. Office by mistake, the Postmaster General may cause such packet to be opened in the presence of an officer in 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. Warrants for 17. After any correspondence has been delivered to the Post Office, opening or returning cor no person employed by or under the Post Office shall , except in the respondence. • cases above mentioned, open the same or delay its transmission,LA or  ORDINANCE No. 1 OF 1887 . 2079 Post Office. return the same to any person , or procure or suffer the same to be opened, delayed, or returned , unless he is authorised by express warrant in writ ing 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 discre tion grant such warrants for opening or returning any specified letter or other article of correspondence. Despatch and receipt of mails. 18. Every master of a vessel shall, immediately on arrival, and Delivery of mails. before reporting at the Harbour Office, deliver to the Post Office all letter bags and correspondence on board, except such as are exempt by law. Should such vessel be put in quarantine the master shall deliver all such letter bags and correspondence to any person authorised by the Postmaster General to receive them, or may deliver them to the Health Officer. 19. The Postmaster General shall pay to every master of a vessel , Gratuities to masters of not being a contract packet, a gratuity of two cents for every letter, and vessels inwards. one cent for every other article of correspondence delivered by him to the Post Office ; 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 . ( 4. ) The gratuity payable on letters transmitted between Hongkong, Canton , and Macao, in either direction , shall be one cent only. 20. The Postmaster General may pay like gratuities to any master Gratuities to masters of of a vessel leaving Hongkong on every article of correspondence delivered vessels outwards. to such master from the Post Office, or certified by the Post Office of destination to have been duly received from him . 21. The powers of the Governor in Council as defined and regulated Rates of gratuity. by sections 8 and 9 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. 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 . 71 2080 ORDINANCE No. 1 OF 1887 . Post Office. Damages for 22. Every master of a vessel who receives such gratuities or to non-delivery of mail. whom such gratuities have been credited in the accounts of the Post master 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 to the persons to whom the same are addressed immediately on his arrival in port, without wilful or avoidable delay , 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 23. Every person or firm proposing to despatch a vessel to any proposing to despatch port or place out of this Colony, excepting vessels plying daily or on vessels to give notice to the fixed days to Macao or to places on the Canton River, shall , so soon as Postmaster General. 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 Postmaster 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 for transmission by such vessel . 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 . Making up 24. The PostmasterGeneral, or any officer of the Post Office mails on board . authorised by him, may attend on board any 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. 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 mails, and to leave the vessel on her departure. 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 fully prepaid by the postage stamps of the Colony ; and shall deliver the same at the Post Office on arrival at his destination .  ORDINANCE No. 1 OF 1887 . 2081 Post Office. 25. The master of every vessel shall receive on board all mail bags Refusal to carry mails . and correspondence tendered to him by the Postmaster General for transmission and shall sign a receipt for the same. The owner or agent of any vessel who refuses to allow any mail to be put on board of or transmitted by such vessel shall be deemed guilty of an offence against this Ordinance . Offences. 26. Offences against this Ordinance shall be considered to be. Offences. ( 1. ) Any infringement of the exclusive privilege of the Post master General. (2. ) Refusal , neglect, or omission to do any act commanded by this Ordinance. (3. ) Refusal to permit, or obstruction of any such act . (4. ) The doing of any act forbidden by this Ordinance. For every offence against this Ordinance for which no specific penalty is provided the offender shall be liable , on summary conviction before a Magistrate, to a penalty not exceeding five hundred dollars , and in default of payment of the said penalty to imprisonment with or without hard labour for any period not exceeding six months. 27. The following acts shall be deemed felonies : Stealing letter bags, forging Stealing, embezzling, secreting , or destroying any correspond- stamps other , and ence by a person employed by or under the Post Office. Stealing from or out of any correspondence any chattel, money, or valuable security. Stealing or unlawfully taking away a letter bag, or stealing or unlawfully taking any correspondence from or out of a letter bag, or unlawfully opening a letter bag. Stealing any correspondence from a letter bag, or from a Post Office, or from an officer of the Post Office. Forging, altering, or imitating , or assisting in forging, altering, or imitating any postage stamp issued under this Ordinance. Using, offering, uttering, disposing of, or putting off any forged , altered, or imitated postage stamp as aforesaid, knowing the same to be forged , altered , or imitated. 2082 ORDINANCE No. 1 of 1887. 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 - 28. The following acts shall be deemed misdemeanours : respondence and other mis demeanours . Opening or suffering or procuring to be opened , or detaining or delaying, or procuring or suffering to be detained or delayed any correspondence without lawful authority or excuse ; or wilfully delivering any correspondence to any person other than the person to whom the same ought to be delivered . Fraudulently obtaining from any person employed by or under the Post Office , or fraudulently detaining or wilfully secreting, keeping , or detaining any letter bag, or any correspondence which ought to have been delivered to any person . Fraudulently removing any postage stamp from any correspond ence, or wilfully removing from any postage stamp any mark that has been made thereon at any Post Office , or knowingly using or putting off any postage stamp from which any such mark has been removed , making, knowingly uttering, dealing in , selling, knowingly using for any postal purpose, or having in possession without lawful excuse any fictitious postage stamp, [ not being a postage stamp issued under this Ordinance, Repealed by Ordinance No. 22 of 1889, ] or making, or having in possession without lawful excuse any die , plate , instrument or mate rials for making any such fictitious postage stamp. Any such stamp, die , plate, instrument, or materials found in the possession of any person in contravention of this section may be seized and shall be forfeited . Every person who is convicted of any misdemeanour 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.  ORDINANCE No. 1 OF 1887 . 2083 Post Office. 29. The sections of the Larceny Ordinance ( No. 7 of 1865 ) relating Receiving stolen corre to receiving stolen goods , that is to say, sections 75 to 82 both inclusive, spondence. shall apply to felonies and mis lemeanours 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. 30. In any proceedings against any person for any offence com Allegations to be used in mitted against this Ordinance, in respect of any letter bag or correspond- proceedings for offences. ence, 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 before a Magistrate , but proceedings for in a summary way within the recovery of such penalties shall be commenced within one year after one year. the offence was committed . 32. Ordinances No. 12 of 1884 and No. 11 of 1885 are hereby Repeal. repealed , but such repeal shall not affect anything lawfully done or com menced to be done thereunder. 33. This Ordinance shall take effect on a day to be proclaimed by Suspending clause. the Governor. [In force from 9th May, 1887, under proclamation ofthe 7th May, 1887.] Order made by the Governor in Council under the provisions of sections 8 and 10 of The Post Office Ordinance , 1887, on the 4th and gazetted the 14th January, 1888. RULES FOR LOCAL DELIVERY OF CIRCULARS , & c . 1. Circulars, dividend warrants, invitations, cards, patterns, bills, almanacs, & c., for addresses in Hongkong or the ports of China, in batches of not less than ten of uniforin size and weight, may be sent to the Post Office unstamped , the postage, at the rate of one cent each, being paid in cash or charged to the sender's account. Special accounts may be opened with non-boxholders for the delivery of considerable numbers of such articles. 2084 ORDINANCE No. 1 OF 1887 . Post Office. 2. Such covers, when addressed to places other than Hongkong or China, must be prepaid two cents each in stamps as heretofore. 3. Circulars , &c. , must not exceed 2 ounces each in weight. Patterns, almanacs, & c., must be under 4 ounces each in weight. Heavier articles will be charged ordinary rates. 4. Envelopes containing patterns , & c. , may be wholly closed if the nature of the contents be first exhibited or stated to the Postmaster General, as he may consider necessary, and approved by him . Printed circulars may be enclosed in pattern packets. 5. Addresses must be complete. That is to say, on such covers as are not addressed to heads of houses, the addressee's residence or place of business must be added. Incompletely addressed covers will be returned to the sender for address. 6. It must be understood that the above mentioned classes of correspondence will invariably be delivered at places of business unless special arrangement is made for delivery at private houses . Such arrangements can only be made subject to the general work of the Post Office. Order made by the Governor in Council on the 4th and gazetted the 11th February, 1888, under the provisions of section 8 of Ordinance 1 of 1887. Whereas by The Post Office Ordinance, 1887, it is provided , amongst other things , that the Governor in Council may, from time to time, by order, determine the rates of postage to be charged upon all correspondence sent by post from the General Post Office of the Colony, or received from places outside the Colony, and the scale of weight according to which such rates are to be charged : And whereas, by an order bearing date the 24th day of September, 1885 , it was ordered by the Governor in Council that the rates of postage and scale of weight should, until further notice, be according to the table to the said order annexed : And whereas it has become necessary to substitute a new table in lieu of the said table : Now, therefore, it is hereby ordered that the said table annexed to the said order of the 24th day of September, 1885, be altered , by substituting the rates of postage and scale of weight in the table hereunto annexed for those of the table of the said order of the 24th day of September, 1885.  ORDINANCE No. 1 OF 1887. 2085 Post Office. RATES OF POSTAGE. IN HONGKONG, AND AT BRITISH POST OFFICES IN CHINA. The Post Office declines all responsibility for unregistered covers containing bank notes, coin, or jewellery ; and, where registration has been neglected, WILL MAKE NO Registered Commer atterns Newspapers ENQUIRIES into alleged losses of such covers. Receipt Return Books nd for Prices tion Papers P,a and Letters cial eCurrent .o2,pzer Cards Registra ach .,ePost p., er ,. ach Article oz . . D)( .)b( cents. cents. cents. cents. cents. cents. Between Hongkong, Canton and Macao, (c .) || 2 1 2 2 5 5 and for local delivery, …………… ......... ....... ..] (d.) S To China, (or from China to Hongkong), (c.) 17 Cochin- China ,………………. Corea, ..... " "" " " Japan, ............. 5 2 2 Philippine Islands,.. ……………….. (f.) Siam direct, *****.... …………………… .......... ... (e.) S Tonquin, ............. To Australia, VIA TORRES STRAITS , 10 2 CANNOT 19 New Zealand,... BE 10 NOT 19 Tasmania, (c.) ISSUED. SENT. 10 125 19 Fiji,…………….. VIA CEYLON , 30 CANNOT To Natal and Cape Colony, ....... 30 BE 5 5 10 NOT .(c.) ISSUED. SENT. To all other places, 10 3 2 2 10 5 (9.) (9.) (a.) COMMERCIAL PAPERS are documents wholly or partly written by hand, not being letters , such as invoices, deeds, copied music, &c. All packets of and under 4 oz. weight are charged 5 cents each. (b.) Not to exceed 4 oz . in weight, otherwise the rate is per 4 oz . for newspapers, and per 2 oz. for other printed matter. (c.) Prepayment is compulsory. (d .) Wholly unpaid letters from Canton or Macao are charged as if from other ports of China. (e ) Letters for Siam viâ Singapore, 10 cents per half ounce. (f.) REGISTRATION IN CHINA extends to Hoihow, Canton, Swatow, Amoy, Foochow, Ningpo, Shanghai and Hankow only. (g.) Cannot be sent to countries not in the Postal Union. Order made by the Governor in Council under the provisions of section 8 of The Post Office Ordinance, 1887, the 19th and gazetted the 21st April, 1888. Under the powers granted by section 8 of Ordinance 1 of 1887, the Governor in Council is pleased to order that the provisions of the Parcel Post be extended to the Colonies of Victoria, and South and West Australia ; to the West Coast of Africa, the Austrian and French post offices in Turkey, the Azores Islands, Beyrout, Bulgaria, the Cameroons, Costa Rica, French Colonies, Madeira, and Servia ; and that the table hereto annexed be the table of rates of postage for the parcel post till further notice. 2086 ORDINANCE No. 1 OF 1887. Post Office. PARCEL POST. Postage Limit weight of per it . To Limit of Size. Prohibited Contents. . lb. cents. Hongkong, China, Japan, Corea, Siam, ... 11 5 2 ft. by 1 ft., by Opium. 1 ft. Straits Settlements, Burmah, Ceylon, India,‡ 11 15 Do., and not smaller Do. than 3 in. by 2 in., by 2 in. 2221 Malta, ....... ...( Direct) , ...| 11 20 Gibraltar,...... ........ do. , ...... 11 20 3 ft. 6in. long, or 6 ft. Arms. in greatest length and girth combined. United Kingdom, viâ Gibraltar only,... 11 25 Tobacco, except for person al use. Copyright Books. Africa, West Coast , ¶ ............ (viâ London), 11 35 Do. ...... Ascension,..... …………… . do. , *.***. 11 50 Do. Specie or ostrich feathers. Bahamas Is.......…………………. do., 11 50 Do. ..... British Guiana, ……………….. ... do. , 11 50 222228 Do. British Honduras,...... . do. , 11 50 Do. Cape Colony, do. , ..... 7* 50 Do. Letters. Cyprus,. do., ...... 11 55 Do. Coins, Tobacco. Egypt, ..... do., .. 11 50 Do. Letters, Arms, and Ammunition. .... Natal, ..... .... do. , ...... 7 70 Do. Letters, Gold or Silver, ostrich feathers. Newfoundland, do. , ...... 11 70 Do. ...... St. Helena, do., ..... 11 50 Do. Books copyright in the ཕྱབྱ United Kingdom. Tangier, ..... do., ...... 11 50 Do. Arms, Munitions of War, ༅ ༄ Tobacco, Opium pipes. South Australia, ........ ....(viâ Ceylon) , 11 30 Do. Letters. ………………. do. , Victoria (Australia) ,…………………………………………… 11 30 Do. Letters, wines, opium, spirits, tobacco. Western Australia , ..... do. , 11 30 Do. Letters. Windward and Leeward Is. , (viâ London), 11 Do. 50 Barbados, Trinidad, Canada, .......... do., ...... 3 70 2 ft. by 1 ft., by 1 ft. Jamaica, ...... ………….. do., ...... 11 50 2 ft. long, or 4 ft. in Letters. length and girth combined. To Cape Town itself, 11b. + Antigua, Montserrat, S. Kitts, Nevis, Dominica, Virgin Is.; Grenada, S. Lucía, S. Vincent, Tobago. * And Indian Offices, viz.; Aden, Bagdad, Bander Abas, Busrah, Bushire, Gundur, Jask, Kashmir, Linga, Muscat, Zanzibar. Accra, Bathhurst, Cape Coast Castle, Lagos, Quittah, Sierra Leone. 1. To the UNITED KINGDOM AND PLACES BEYOND. - Parcels are forwarded by P. & O. packet only, and arrive in London about 8 days later than the Mail. No further charge is made on delivery except for customs dues. Duties in the United Kingdom. Hb. Silver plate 1/6 per oz. Troy= 1 /5 per oz. avoir. Gold plate . 17/0 per oz. Troy = 15/9 per oz. avoir . T 6d. per lb. No duties are charged on Watches, Jewellery, Personal Ornaments, nor on any gold or silver articles not describable as Plate. Plate, however, includes such articles as Silver Match Boxes, Cigar Cases, Mounts for Sticks. Studs. Buttons Buckles, and Pelts or Necklets under certain conditions. Duties cannot be prepaid by the sender. 2. TO INDIA.- By P. & O. and Indian Mail packets only. 3. TO AUSTRALIA.- By P. & O. packet riâ Ceylon only.  ORDINANCE No. 1 OF 1887 . 2087 Post Office. PARCEL POST. BRITISH PACKET. GERMAN Viâ London. PACKET. ΤΟ Direct. PROHIBITED CONTENTS. 0 to 2 to 6 to 2 lb. 6 lb. 11 lb. 0 to 7 or 11 lb. $ c. $ c. $ c. $ c. Algeria and Corsica, 1.20 1.70 ... Coins, arms, ammunition, medicines, plants, vines, gold, silver, jewellery, lace. D Austro-Hungary, ...... 1.10 1.60 ... 1.20 (11 b .) Letters. Lottery tickets. Azores, Is., 1.20 1.20 Letters. Coins, tobacco, vines, plants. Belgium,. 1.00 1.50 2.00 1.20 ( 11 b.) Letters. Beyrout, ........ 0.70 1.10 1.50 Letters. Fire-arms, tobacco. ⠀⠀ Bulgaria, 1.00 1.30 Letters. Lottery tickets, coins, arms, ammunition, ⠀⠀⠀⠀⠀⠀ tobacco, plants, vines, drugs. Cameroons, 1.10 1.40 ES Congo Free State, 1.10 1.30 1.60 Letters. Constantinople, ** S... 1.00 2.20 3.80 : Costa Rica,... 0.90 1.40 2.10 Letters. Arms. Danish West Indies,... 0.70 1.20 1.70 Letters. Denmark, 1.10 1.60 ... 1.20 (11 b.) Letters. Lottery tickets and prospectuses. France, 1.00 1.50 ... 1.20 (7 fb.) French Colonies, ‡ § ... 1.40 1.70 Letters, arms, ammunition, tobacco, plants, vines, gold, silver, jewellery, lace. Germany, 1.00 1.50 1.10 (11 tb.) Letters. Plants with roots, vines or parts of vines, socialistic books. Heligoland, .... 1.10 1.60 ... Holland , 1.00 1.50 2.00 1.20 (11 tb. ) Letters. Italy § (riâ France), 1.10 1.60 ... ... Letters. Tobacco, vines or parts of vines, arms, chemical compounds, rags. Luxemburg, 1.00 1.50 2.00 1.20 ( 11 fb.) Letters . Madeira, 1.00 1.00 Letters . Coins, tobacco , vines, plants. Norway, 1.00 1.50 2.00 1.50 (11 tb.) Letters . Portugal (ria Lisbon), 0.90 0.90 ... 1.50 (7 b . ) Letters . Coins, tobacco , vines, plants. Servia, 0.90 1.10 ... Letters. Vines. Smyrna, …………….. 1.00 2.20 3.80 Letters . Materials for gunpowder, plants, arms to bacco. Spain, § 1.00 1.00 1.40 (7 fb.) Letters. Arms, ammunition, books, maps, plants, rosaries, relics, plants. : Sweden, 1.00 1.70 ... 1.50 (7 lb.) Letters. Gold, silver, drugs . Switzerland , 1.10 1.60 1.20 (11 b. ) Letters. Parcels must not exceed 2 ft. in length, or 4 ft. in length and girth combined. Diego Suarez, French Guiana, Guadeloupe, Martinique, Mayotte, New Caledonia, Nessi- Bé , Réunion, 8 Marie de Madagascar, Senegal, Tripoly Tunis. ** Parcels not exceeding 6 lb. in weight can be sent at the same rates to the Austrian and French Post Offices in Turkey, information as to which, can be had on application. 1.- Parcels must not exceed 2 feet in length, breadth, or depth. Those intended for the German packet must be so directed. 2. -Each parcel must be sealed in such a way as to render it impossible that it should be opened without detection . The sender must supply a declaration of the nature, value, and net weight of the contents, and of the gross weight of the parcel. 3.-A small charge, not exceeding six cents, may be made for Custom House purposes on the delivery of the parcel. Except Customs dues, this is the only charge the addressee will have to pay. GENERAL RULES.-Parcels must be posted before 3 P.M. on the working day next before the departure of the packet. A receipt will be given for each. A declaration of contents and value is required , except for the places the names of which are printed in italics. The form is supplied free. Parcels may be sealed , but any parcel, even though sealed, is liable to be opened for examination . Dangerous or perishable goods, opium , articles likely to injure the mails, liquids (unless securely packed) and fragile packages are prohibited. No parcel must exceed $250 in value. A parcel may contain a letter to the same address as that of the parcel itself (except in cases where enclosure of letters is prohibited) or another parcel to that address, but no other enclosure. Declarations of contents must be complete and accurate. Everything in the parcel should be entered. False declarations expose the parcel to the risk of confiscation. GENERAL POST OFFICE HONGKONG 15TH APRIL, 1888. 2058 ORDINANCE No. 1 OF 1887 . Post Office. Order made by the Governor under the provisions of section 10 of the Post Office Ordinance, 1887, the 28th April, 1888, & gazetted the same day. Under the powers granted by section 10 of the Post Office Ordinance, No. 1 of 1887, the Governor is pleased to order that the provisions of the money order system be extended to Bangkok and Tangier, and that the regulations hereto annexed be the Regulations for the issue of money orders till further notice. MONEY ORDERS. 1. Money orders are issued at Hongkong and Shanghai on the following countries. and places, at current rates of exchange ; -- Amoy. * Gambia. * Madeira. Shanghai . * Azores Is. * Germany. * Malta. * Sierra Leone. Bangkok. * Gibraltar. * Mauritius. South Australia. * Belgium. * Gold Coast. * Natal . Straits Settlements. * Bermuda. Hankow. * Newfoundland. Swatow. * Canada. Hawaii. New South Wales. * Sweden . Canton. Hoihow. * New Zealand. * Switzerland . * Cape Colony. * Holland. Ningpo. * Tangier. Ceylon. * Honduras, (Br. ) . North Borneo. Tasmania. + (Constantinople). Hongkong. * Norway. UNITED KINGDOM. * Cyprus . * Iceland . Port Darwin. * United States. * Denmark. India. * Portugal. Victoria. * Egypt. * Italy. Queensland. Western Australia. * Falkland Is. Japan . S. Helena. * West Indies (British, Foochow. * Lagos. * Seychelles. Danish, and Dutch). 2. Orders on the countries marked * are forwarded through the London Post Office, and are paid less a small discount of about 2d. in the £ 1 , for which the remitter should allow. All such orders must be expressed in British currency, and cannot be drawn for any sum less than 6d. 3. The commission charged is as follows (according to the currency the order is drawn in). Up to £ 2, or $ 10, or 20 Rupees ,.... 0.20 cents. 99 £ 5 , or $25, or 50 Rupees ,...……. 0.40 cents. 99 £ 7, or $35, or 70 Rupees,..... 0.60 cents . 99 £ 10, or $ 50, or 100 Rupees ,……………... 0.80 cents . "" ―――――― ――――――― 150 Rupees , .... .$ 1.00. By means of Postal Notes only.  ORDINANCES Nos . 1 AND 2 OF 1887 . 2089 Fost Office. Promissory Oaths. 4. No order must exceed £10 or $50 (unless drawn on India, when 150 Rupees is the limit) nor will more than two such orders be issued to the same person, in favour of the same payee, by the same mail. 5. Money orders on the United Kingdom for even sums not exceeding £5 are granted by means of postal notes, as to which see separate notice or the Hongkong Postal Guide. 6. Sums not exceeding $ 50 may be remitted between the ports of China by means of postage stamps, subject to a charge of one per cent. for cashing them ; or money orders can be granted at Hongkong or Shanghai on ports where there are agencies of the Hongkong Post Office. GENERAL POST OFFICE, HONGKONG , 26TH APRIL, 1888. No. 2 of 1887. An Ordinance entitled An Ordinance to amend the Promissory Oaths Ordinance, 1869. [ 15th February , 1887. ] E it enacted by the Governor of Hongkong, with the advice of the BE - Legislative Council thereof, as follows : 1. The schedule to the Promissory Oaths Ordinance , 1862 , is hereby Amendment of Ordinance amended as follows : 4 of 1869. By striking out the words "The Governor, Lieutenant- Governor, or The oaths to be tendered Officer Administering the Govern by the Chief Justice ." ment , In the first part thereof, And by striking out the words " The Sheriff " in the second part thereof and by inserting in lieu thereof the words " The Registrar of the Supreme Court and the Deputy Registrars." 2090 ORDINANCES Nos. 3 AND 4 OF 1887. Merchant Shipping. Statute Law Revision. No. 3 of 1887. An Ordinance entitled An Ordinance to amend Ordinance No. 8 of1879. [ 15th February, 1887. ] BE it enacted by the Governor of Hongkong ― ― ― ― ― ― ― ― , with the advice of the thereof, as follows : Addition to 1. In addition to the fees specified in table C of the schedule annexed fees specified in schedule C. to Ordinance No. 8 of 1879 , the following fees are hereby declared to be of Ordinance S of 1879. payable, to the Collector appointed by the Government as the lawful fees for the discharge of the respective duties specified , and the same may be recovered as provided by section 43 of the said Ordinance . The said fees shall be paid into the Colonial Treasury for the use of Her Majesty. For surveys of ships ' bottom only,-half the fees for surveys of steam-ships for passenger certificates . No. 4 of 1887. An Ordinance entitled An Ordinance for promoting the Revision ofthe Statute Law by repealing certain enactments which have ceased to be in force or have become unnecessary. [ 15th February , 1887. ] [Compare 38 HEREAS with a view to the revision of the Statute Law and in and 39, V. c. WH particular to the preparation of a revised edition of the Ordi 66.1 nances now in progress , it is expedient that certain enactments (mentioned in the schedule to this Ordinance) which may be regarded as spent or have ceased to be in force otherwise than by express and specific repeal or have by lapse of time and change of circumstances become unnecessary or as to which doubts have arisen whether the same have been expressly and specifically repealed , should be expressly and specifically repealed ; 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 Statute Law [38 and 39, V. e. 66, s. 4. ] Revision Ordinance, 1887.  ORDINANCE No. 4 OF 1887 . 2091 Statute Law Revision. 2. The enactments described in the schedule to this Ordinance are Enactments in schedule hereby repealed subject to the exceptions and qualifications in the schedule repealed. [38 and 39, V. mentioned. c. 66, s. 1. ] Provided that where any enactment not comprised in the schedule has been repealed, confirmed , revived or perpetuated by any enactment hereby repealed, such repeal, confirmation , revivor, or perpetuation shall not be affected by the repeal effected by this Ordinance ; And the repeal by this Ordinance of any enactment shall not affect any enactinent in which such enactment has been applied , incorporated or referred to ; And this Ordinance shall not affect the validity, invalidity, effects or consequences of anything already done or suffered or any existing status or capacity, or any right or title already acquired or accrued , or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, claim or demand or any indemnity or the proof of any past act or thing ; Nor shall this Ordinance affect any principle or rule of law or equity or established jurisdiction, form or course of pleading , practice or pro cedure or existing usage, liberty, custom, privilege , restriction, exemption , office, appointment, payment , allowance, or emolument notwithstanding that the same respectively may have been in any manner affirmed , recognized or derived by in or from any enactment hereby repealed ; Nor shall this Ordinance revive or restore any jurisdiction, office , duty, drawback, fee, payment, liberty, custom , right, title, privilege , restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. SCHEDULE. No. 5 of 1849 The whole. No. 5 of 1852 99 No. 1 of 1854 "" No. 3 of 1854 ....... In part ; namely : So much as relates to 6 and 7 Vic. c. 34. No. 1 of 1855 The whole . No. 2 of 1855 "" No. 1 of 1856 39 No. 7 of 1856 ..... In part ; namely : So much as relates to 8 and 9 Vic. c. 16 ; 15 and 16 Vic. c. 48 ; 17 and 18 Vic. c. 25. 2092 ORDINANCE No. 4 OF 1887 . Statute Law Revision . No. 14 of 1856 The whole. No. 15 of 1856 "" No. 2 of 1857 99 No. 3 of 1857 ... In part ; namely : So much of the schedule as relates to 19 and 20 Vic. c. 25. (An Act to amend the law relating to drafts on bankers . ) No. 8 of 1858 In part ; namely : Sections 24 to 27 , sections 28 sub- sections 10 and 11 . No. 13 of 1858 .... The whole. No. 14 of 1858 33 No. 15 of 1858 .... "" No. 2 of 1859 .. . 34 No. 3 of 1859 .. "" No. 4 of 1859 .... 99 No. 5 of 1859 99 34 No. 18 of 1860 No. 19 of 1860 99 66 No. 2 of 1861 ... No. 4 of 1861 "" No. 5 of 1861 "" No. 11 of 1862 99 No. 13 of 1862 "" No. 15 of 1862 "" 36 No. 2 of 1863 No. 7 of 1863 "" No. 2 of 1864 36 66 No. 3 of 1864 No. 4 of 1864 139 No. 8 of 1864 99 No. 12 of 1864 "" No. 2 of 1865 99 No. 10 of 1865 In part ; namely : Sections 4, 5, 16, 17, 26 and 27. No. 11 of 1865 ....... ...The whole . No. 13 of 1865 ….... 99 No. 14 of 1865 ........ 99 No. 15 of 1865 ...... "9 No. 4 of 1866 ……………….. 99 No. 10 of 1866 ...... 99 No. 2 of 1867 ..... 99 No. 3 of 1867 "9  ORDINANCE No. 4 of 1887 . 2093 Statute Law Revision . No. 14 of 1867 ...... ...The whole. No. 2 of 1868 ...... "" No. 6 of 1868 ………….. 99 No. 11 of 1868 ..... " No. 14 of 1868 ...... " No. 11 of 1869 ..... " No. 12 of 1869 ..... " No. 5 of 1870 ...... "" No. 6 of 1870 ........ "" No. 7 of 1870 ...... 99 No. 13 of 1870 ........ 99 No. 15 of 1870 ..... 99 No. 6 of 1871 ...... 99 No. 9 of 1871 ........ 99 No. 11 of 1871 ...... "" No. 1 of 1872 .... 99 No. 6 of 1872 ...... 99 No. 11 of 1872 ...... 99 No. 4 of 1873 ........ 39 No. 9 of 1873 .... 99 No. 2 of 1874 ...... 27 No. 3 of 1874 .......... 99 No. 4 of 1874 .... "" No. 6 of 1874 ...... 93 No. 5 of 1875 ...... 99 No. 15 of 1875 ...... 29 No. 6 of 1876 ....... 99 No. 7 of 1876 .......... 99 No. 2 of 1877 ..... 99 No. 3 of 1877 ...... 99 No. 4 of 1878 ...... "" No. 5 of 1878 ...... "" No. 4 of 1879 ....... "" No. 5 of 1879 ....... 99 No. 1 of 1880 ...... 99 No. 2 of 1880 ........ 99 No. 7 of 1880 ....... 99 No. 8 of 1880 ...... 99 No. 4 of 1881 ....... 99 No. 11 of 1881 ..... "" No. 12 of 1881 ...... 99 2094 ORDINANCES Nos. 4 AND 5 OF 1887. Statute Law Revision. Defamation and Libel. No. 13 of 1881 ..... .The whole. No. 15 of 1881 ....... 99 No. 1 of 1882 ………….. 99 No. 13 of 1882 ..... 99 No. 14 of 1882 ...... "9 No. 15 of 1882 ……….. 99 No. 2 of 1883 .... 99 No. 10 of 1883 ...... "" No. 11 of 1883 ..... 99 No. 12 of 1883 ....... 97 No. 17 of 1883 ..... "" No. 4 of 1884 ..... 99 No. 11 of 1884 ...... "2 No 20 of 1884 ..... 99 No. 21 of 1884 ...... "" No. 22 of 1884 ...... 99 No. 1 of 1885 ..... 99 No. 14 of 1885 ...... 39 No. 16 of 1885 ..... "" No. 17 of 1885 ….... 99 No. 24 of 1886 . 99 No. 5 of 1887. Title. An Ordinance entitled An Ordinance to amend the Law respect ing Defamatory Words and Libel. [ 22nd February, 1887. ] 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 Defama tion and Libel Ordinance, 1887." Repeal of No. 2. So much of Ordinance No. 3 of 1854 as relates to the Act passed 3 of 1854 [ in pt. ] in the 6th and 7th years of Her Present Majesty chapter ninety-six is hereby repealed , but such repeal shall not affect anything lawfully done or suffered thereunder.  ORDINANCE No. 5 OF 1887. 2095 Defamation and Libel. 3. In any action or suit for defamation it shall be lawful for the ( ffer of an apology ad defendant ( after notice in writing of his intention so to do , duly given to missible in evidence in the plaintiff within a reasonable time before the hearing of the cause ) to mitigation of damages in give in evidence in mitigation of damages that he made or offered an action or suit for defama apology to the plaintiff for such defamation before the commencement of tion. [6 and 7 V. c. the action or suit or as soon afterwards as he had an opportunity of doing 96.1.1 so in case the action or suit shall have been commenced before there was an opportunity of making or offering such apology. 4. In an action or suit for a libel contained in any public newspaper Plea of absence of or other periodical publication it shall be competent to the defendant to malice, & c., and of set up as a defence that such libel was inserted in such newspaper or apology. [6 and 7 V. c. other periodical publication without actual malice, and without gross 96 s. 2. ] negligence, and that before the commencement of the action or suit or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel , or if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff in such action or suit or that to such defence to such action or suit it shall be competent to the plaintiff to reply generally denying the whole of such defence provided always that it shall not be competent to any defendant in such action or suit to file any such defence as aforesaid without at the same time making a payment of money into Court by way of amends and every such defence so filed without such payment into Court shall be deemed a nullity and may be treated as such by the plaintiff in the action or suit. 5. If any person shall publish or threaten to publish any libel upon Publishing or threatening any other person, or shall directly or indirectly threaten to print or to publish a libel or pro publish, or shall directly or indirectly propose to abstain from printing or posing to abstain from publishing any matter or thing touching any other person with intent to publishing any thing extort any money or security for money, or any valuable thing from such with intent to extort money, or any other person , or with intent to induce any person to confer or punishable by procure for any person any appointment or office of profit or trust, every imprisonment hard labour. such offender, on being convicted thereof on information shall be liable [6 and 7 V. c. 96, s. 3. ] to imprisonment with or without hard labour, for any term not exceeding three years ; provided always, that nothing herein contained shall in any minner alter or affect any law or Ordinance now in force in respect of the sending or delivery of threatening letters or writings. 2096 ORDINANCE No. 5 OF 1887 . Defamation and Libel. False defama tory libel 6. If any person shall maliciously publish any defamatory libel , punishable by knowing the same to be false every such person, being convicted thereof imprisonment and fine. shall be liable to imprisonment for any term not exceeding two years, and [6 and 7 V. c. 96, s. 4. ] to pay such fine as the Court shall award . Malicious defamatory 7. Ifany person shall maliciously publish any defamatory libel, every libel , by such person , being convicted thereof shall be liable to fine or imprison imprisonment or fine. ment, or both as the Court may award, such imprisonment not to exceed [6 and 7 V. c. 96, s. 5. ] the term of one year. Proceedings 8. On the trial of any information for a defamatory libel , the defend upon the trial of an informa ant having pleaded such plea as hereinafter mentioned the truth of the tion for a defamatory matters charged may be inquired into, but shall not amount to a defence , libel . [ 6 and 7 V. c. unless it was for the public benefit that the said matters charged should 96, s. 6. ] be published ; and that to entitle the defendant to give evidence of the truth of such matters charged as a defence to such information it shall be necessary for the defendant , in pleading to the said information , to allege the truth of the said matters charged in the manner now required in alleging a justification to any action or suit of defamation , and further to allege that it was for the public benefit that the said matters charged should be published , and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be publish ed , to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof ; and if after such plea the defendant shall be convicted on such information it shall be competent to the Court, in pronouncing sentence , to consider whether the guilt of the defendant is aggravated or mitigated by the said plea and by the evidence given to prove or to disprove the same : provided always, that the truth of the matters charged in the alleged libel complained of by such information shall in no case be inquired into without such plea of justification : Proviso as to provided also, that in addition to such plea it shall be competent to the plea of not guilty in civil defendant to plead a plea of not guilty ; provided also , that nothing in and criminal proceedings. this Ordinance contained shall take away or prejudice any defence under a plea of not guilty which it is now competent to the defendant to make under such plea to any information for defamatory words or libel . Evidence to 9. Whensoever, upon the trial of any information for the publica rebut prima facie case of tion of a libel, under the plea of not guilty evidence shall have been publication by an agent. given which shall establish a presumptive case of publication against the [6 and 7 V. c. 96, s. 7. ] defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made  ORDINANCE No. 5 OF 1887 . 2097 Defamation and Libel. without his authority, consent, or knowledge, and that the said publica tion did not arise from want of due care or caution on his part. 10. In the case of any information at the instance of a private On prosecu tion for prosecutor for the publication of any defamatory libel , if judgment shali private libel defendant be given for the defendant, he shall be entitled to recover from the entitled to costs on prosecutor the costs sustained by the said defendant by reason of such acquittal. [6 and 7 V. information and upon a special plea of justification to such information , c. 96, s. 8. ] if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said information is tried . 11. It shall and may be lawful for any person who now is , or here Stay of civil or criminal after shall be a defendant in any civil or criminal proceedings commenced proceedings against person or prosecuted in any manner soever, for or on account or in respect of for publica tion of papers the publication by any such person or by his servant of any reports , printed by order of the papers , votes , or proceedings of the Legislative Council of the Colony by Colonial Council upon or under the authority of such Council, to bring before the Court in certificate and affidavit of which such proceeding shall have been or shall be so commenced or pro authority to publish . secuted, or before any Judge of the same first giving twenty-four hours' [3 and 4 V. notice of his intention so to do to the prosecutor or plaintiff in such pro c. 9, s. 1. ] ceeding, a certificate under the hand of the Governor or the presiding member of such Council for the time being or of the clerk of the Council stating that the report, paper, votes , or proceedings as the case may be, in respect whereof such civil or criminal proceeding shall have been commenced or prosecuted , was published by such person or by his servant, by order or under the authority of such Council together with an affidavit verifying such certificate ; and such Court or Judge shall thereupon immediately stay such civil or criminal proceeding, and the same, and every writ of process issued , shall be and shall be deemed and taken to be finally put an end to, determined , and superseded by virtue of this Ordinance. 12. In case of any civil or criminal proceeding hereafter to be com Stay of proceedings menced or prosecuted for or on account or in respect of the publication when commenced of any copy of such report, paper , votes , or proceedings , it shall be law in respect of a copy of an ful for the defendant at any stage of the proceedings to lay before the authenticated report, &c. Court or Judge such report, paper , votes , or proceedings , and such copy, [3 and 4 V. c. 9, s. 2. ] with an affidavit verifying such report, paper, votes, or proceedings, and 2098 ORDINANCE No. 5 OF 1887 . Defamation and Libel. the correctness of such copy, and the Court or Judge shall immediately stay such civil or criminal proceeding ; and the same, and every writ of process issued therein, shall be and shall be deemed and taken to be finally put an end to , determined and superseded by virtue of this Ordinance . In proceed 13. It shall be lawful in any civil or criminal proceeding to be com ings for printing any menced or prosecuted for printing any extract from or abstract of such extract or abstract of a report, paper, votes, or proceedings , to give in evidence under the general paper it may be shown such issue in criminal cases, and in civil cases in support of any allegation in extract was bona fide defence, such report, paper, votes , or proceedings, and to show that such made. [3 and 4 V. extract or abstract was published bonâ fide and without malice ; and if c. 9, s. 3. ] such shall be the opinion of the jury, a verdict of not guilty shall be entered for the defendant: Newspaper Libels . Newspaper 14. Any report published in any newspaper of the proceedings of a reports of certain public meeting shall be privileged , if such meeting was lawfully convened meetings privileged. for a lawful purpose and open to the public, and if such report was fair [41 and 45 V. c. 60, s. 2. ] and, accurate and published without malice, and if the publication of the matter complained of was for the public benefit ; provided always , that the protection intended to be afforded by this section shall not be avail able as a defence in any proceeding, if the plaintiff or prosecutor can show that the defendant has refused to insert in the newspaper in which the report containing the matter complained of appeared, a reasonable letter or statement or explanation or contradiction by or on behalf of such plaintiff or prosecutor . No prosecu 15. No criminal prosecution shall be commenced before a Court of tion for newspaper Summary Jurisdiction against any proprietor, publisher, editor, or any libel without fiat of person responsible for the publication of a newspaper for any libel Attorney General. published therein, without the written fiat or allowance of the Attorney [44 and 45 V. c. 60, s. 3. ] General being first had and obtained . Ex-officio 16. Nothing in this Ordinance shall apply to ex- officio informations informations not to be filed by the Attorney General nor to informations by the Registrar of affected. the Supreme Court by the direction of the Court at the instance of some drivate individual .  ORDINANCES Nos. 5 3 AND 6 OF 1887 . 2099 Defamation and Libel. Arms. 17. A Court of Summary Jurisdiction upon the hearing of a charge Inquiry by Magistrate as against a proprietor, publisher, or editor, or any person responsible for to libel being for public benefit or the publication of a newspaper, for a libel published therein , may receive being true. evidence as to the publication being for the public benefit, and as to the [44 and 45 V. c. 60, s. 4. ] matters charged in the libel being true, and as to the report being fair and accurate, and published without malice, and as to any matter which under this or any other Ordinance, or otherwise, might be given in evidence by way of defence by the person charged on his trial on inform ation , and the Court if of opinion after hearing such evidence that there is a strong or probable presumption that the jury on the trial would acquit the person charged, may dismiss the case . 18. Notwithstanding anything to the contrary contained in Ordi Provision as to summary nance No. 16 of 1875 * if the Court of Sum nary Jurisdiction upon the conviction for libel. hearing of a charge against a proprietor, publisher, editor, or any person [44 and 45 V. c. 60, s. 5. ] responsible for the publication of a newspaper for a libel published therein , is of opinion that though the person charged is shown to have been [* Repealed by Ordinance No. 10 of guilty , the libel was of a trivial character, and that the offence may be 1890. ] adequately published by virtue of the powers of this section , such Court shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect : "Do you desire to be tried by a jury or do you consent to the case being dealt with summarily ? " and, if such person assents to the case being dealt with summarily such Court may suminarily convict him and adjudge him to pay a fine not exceeding two hundred and fifty dollars . No. 6 of 1887. An Ordinance to regulate the carrying and possession of arms . [ 17th March, 1887. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative [See Ord. No. 4 of 1889.] BR Council thereof, as follows : 1. This Ordinance may be cited as The Arms Ordinance, 1887. Title. 2. In this Ordinance the expression arms includes any description of fire-arms, Ordinance 22 of 1884, sec. 2. also any sword, cutlass, spear, pike, bayonet, dagger, or other deadly weapon, also any part of any arms as so defined. [ Repealed by Ordinance No. 4 of 1889 and new section substituted.] 2100 ORDINANCE No. 6 OF 1887 . Arms. Penalty for being 3. Every person who shall without reasonable excuse, the proof of which shall found carrying deadly weapons. lie upon him, carry any arms about him, whether by night or day, shall be liable on [Ordinance 14 of 1870, sec. 18 summary conviction thereof, to a fine not exceeding one hundred dollars, or to altered.] imprisonment with or without hard labour for any period not exceeding six months, and such weapon shall be forfeited to the Crown. Proviso. Provided that this section shall not apply to officers in any Naval and Military service, officers in the Government service , Justices of the Peace, special or common jurors. [ Repealed by Ordinance No. 4 of 1889 and new section substituted.] Governor may 4. The Governor in Council may from time to time at discretion grant licences to grant licence to carry arms. carry arms subject to such conditions to be specified in the licence as to the Governor [Ordinance 22 of 1884, sec. 3.] in Council may seem fit, and may from time to time at discretion revoke any such licence. Proviso. Provided that this section shall not prevent the owner of any trading or fishing 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. [ Repealed by Ordinance No. 4 of 1889 and new section substituted. ] Police may 5. Any person carrying or reasonably suspected of carrying any arms in con arrest without warrant any person carrying travention of this Ordinance may be arrested without warrant by any Police officer, arms. [Ordinance 22 and conveyed as soon as reasonably can be, before a Magistrate in order to his being of 1884, sec. 4.] dealt with according to law. Importers or 6. All importers of, and dealers in arms shall be bound to register their names dealers in arms to register and places of business at the Registrar General's Office, and shall take out a licence, themselves. for which an annual sum of five dollars shall be charged ; and all importers of, or dealers in arms not registering their names and taking out such licence shall be liable, on summary conviction thereof, to a fine not exceeding one hundred dollars, or to imprisonment not exceeding one month. All importers of 7. All importers of, and dealers in arms shall be bound on or before the sixth or dealersin arms to furnish return every month. day of every month to furnish to the Registrar General a statement shewing the number and description of arms remaining in their possession on the last day of the preceding month. Penalty for 8. Any person making a false return of arms under this Ordinance, shall on con making false return. viction thereof before a Magistrate be liable to a fine not exceeding fifty dollars or to imprisonment not exceeding ten days. Penalty for 9. All importers of, and dealers in arms failing or refusing to make such return refusing to make such returns. shall be deemed to be in possession of all arms found in their house, store or godown contrary to the provisions of this Ordinance, and shall be liable on summary conviction thereof to a fine not exceeding one hundred dollars or to imprisonment not exceeding one month.  ORDINANCE No. 6 or 1887 . 2101 Arms. 10. Upon the trial of any information for furnishing such false return the Power of Magistrate to issue warrant to Magistrate may if he thinks fit , issue a warrant to search any house, store or place search for arms. where such arms are alleged to be kept or stored , and any Police officer to whom the said warrant is directed may with or without assistance and using force if necessary enter any house, store or place in the said warrant mentioned and search for such arms . 11. A Magistrate may by warrant authorise any person named in such warrant Magistrate may issue warrant for to search in any houses, buildings, ships , vessels or places for any arms suspected to be search of arms. [Ibid, sec. 5 therein in contravention of this Ordinance. altered.] The person so 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 Arms found or carried to be nance, may be forthwith seized and shall be forfeited to Her Majesty. forfeited. 12. The Governor may establish a central store or magazine for the safe keeping Governor may establish central and storing of all arms and ammunitions, and shall give notice in the Government store for arms, &c. Gazette of such selection and of the situation of the said store or magazine. 13. It shall be lawful for the Governor in Council during the continuance of any Governor may order removal proclamation issued under the provisions of The Peace Preservation Ordinance of 1886,* to central store of all arms. to order the removal to the said central store of all arms in the possession of any *[ No. 15] importers or dealers in arms, or of such arms only as in the opinion of the said Governor in Council are not in safe keeping or custody. All orders made under this section shall forthwith be published in the Government Gazette . 14. Any person refusing after the publication of such order to deliver up any Penalty for refusing to arms, the removal of which to the said central store shall have been ordered by section deliver up arms. 13 of this Ordinance, shall on conviction before a Magistrate be liable to a fine not exceeding five hundred dollars , or to imprisonment for any period not exceeding six months with or without hard labour. 15. The Governor in Council may from time to time make and when made, Powerof Governor to make rules. revoke, alter or add to all rules or regulations necessary for carrying out this Ordinance. 16. The following Ordinance is hereby repealed : Repeal. Ordinance 14 of 1870, section 18. [All repealed by Ordinance No. 14 of 1889. ]  samude"hapin 2102.. ORDINANCES Nos . 7 AND 8 OF 1887 . Protection of Women. Triad and unlawful Societies. No. 7 of 1887. An Ordinance to remove doubts as to the application of Ordinance No. 2 of 1875 . [ 17th March, 1887. ] HEREAS in consequence of the title of Ordinance No. 2 of 1875, and of the W recital in the preamble thereto, doubts have arisen whether the provisions of the said Ordinance apply to women or female children other than Chinese ; and whereas 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 : Ordinance 2 of 1. Ordinance No. 2 of 1875 is hereby declared to extend and apply to all women 1875 extended to others than or female children whether of Chinese origin or not. Chinese. [ Repealed by Ordinance No. 19 of 1889. ] No. 8 of 1887. An Ordinance for the Suppression of the Triad and other unlawful Societies and for the Punishment of the Members thereof. [ 13th April, 1887. ] Preamble. HEREAS the Triad and other societies are formed for unlawful purposes and constitute a danger to the peace of the Colony , and whereas it is expedient to amend the laws respecting such societies : Be it enacted by the Governor of Hongkong, with the advice of the Legis lative Council thereof, as follows : : Short title. 1. This Ordinance may be cited as The Triad and unlawful Societies Ordinance, 1887. Triad and 2. The society known by the name of the Triad society or Samhopui other societies declared other societies by whatever name known formed for an unlawful unlawful societies. purpose, or having among their objects purposes incompatible with the peace and good order of the Colony, are hereby declared to be unlawful societies, and any person acting as manager or office bearer, or assisting in any way in the conduct of the business of, or in managing the affairs of any such unlawful societies shall be guilty of a misdemean our and  ORDINANCE No. 8 OF 1887. 2103 Triad and unlawful Societies. shall be liable upon conviction in the Supreme Court to a fine not exceed Penalty for managers. ing one thousand dollars, or to imprisonment for any period not exceed ing twelve months with or without hard labour , or to both fine and imprisonment ; and any person who is a member of, or who attends and Penalty for members. takes part in any meeting of any such unlawful society, or who subscribes or pays money, or gives aid or procures from others subscriptions, money or aid, for or towards the maintenance of any such unlawful society shall be liable upon conviction in the Supreme Court to a fine not exceeding five hundred dollars, or to imprisonment for any period not exceeding six months with or without hard labour, or to both fine and imprisonment. 3. All meetings of the said societies are hereby declared to be Meetings unlawful. unlawful and prohibited accordingly . And if at any such meeting and * oath or any engagement, obligation [*any] or promise relating to the objects of any unlawful society be administered or tendered to any person such tendering or administering of any oath , engagement obligation or promise shall be primâ facie evidence that the meeting is a meeting of an unlawful society. 4. It shall be lawful for any Magistrate or Justice of the Peace to Magistrate. &c., may enter enter with or without assistance or to order any Police officer or other house, & c. , where unlaw person, in his presence , or by warrant under his hand and scal to enter ful meeting held. with or without assistance, using force in either case if necessary , into [Straits Settlement any dwelling - house or other building , or into any place in which he may Ord. 19 of 1869, s. 8. ] have reasonable ground to believe that a meeting of any society declared by this Ordinance to be an unlawful society is being held, or that five or more persons belonging to any such unlawful society are assembled, and to arrest or cause to be arrested all persons found at any such meeting, And may arrest and and to search the premises and seize or cause to be seized all books , seize persons and property papers , documents , flags, insignia , arms and other articles which he may found. have reasonable cause to believe to belong to any such society, or to be in any way connected with the purposes of the meeting . 5. All persons so arrested and all articles so seized may be detained Persons and so in custody till they can conveniently be brought before a Magistrate , seized to be taken before where they shall be dealt with according to law. Magistrate. [Straits Settlement Ord . 19 of 1869, s. 9. ] 6. If, on any such entry copies of any rules or regulations or en What to be deemed gagements , obligations or promises , or lists or names of members of any primafacie 2104 ORDINANCE No. 8 OF 1887. Triad and unlawful Societies. evidence of unlawful unlawful society , or if any insignia, banners , writings, paintings , drawings assembly. or other articles relating or belonging to any unlawful society be found, [Straite Settlement the finding thereof or the fact of an oath or an engagement, obligation , or Ord . 19 of 1869, s. 10. ] promise having been administered or tendered at the meeting shall be prima facie evidence that the meeting was a meeting of an unlawful . society. Penalty for 7. Any person attending a meeting of an unlawful society knowing attending unlawful that such meeting was a meeting of an unlawful society, and any person assembly. [Straits continuing to attend such meeting after having been warned by any Ma Settlement Ord . 19 of gistrate, Justice of the Peace, or Police officer that the meeting is a 1869 s. 11. ] meeting of an unlawful society, shall be liable on summary conviction to a penalty not exceeding one hundred dollars , or to imprisonment with or without hard labour for any period not exceeding six months, or to both. Persons 8. Any person knowingly allowing a meeting of an unlawful society allowing unlawful to be held in any house, building, or place belonging to or occupied by assembly in their him or over which he has control , shall be liable on summary conviction premises. [Straits to a penalty not exceeding five hundred dollars or to six months ' im Settlement Ord. 19 of prisonment with or without hard labour, or to both. 1869, s. 12. ] Penalty . Members of a 9. Every person shall be considered a member of an unlawful society society. [ Straits who has been admitted as a member according to the rules and regula Settlement Ord . 19 of tions thereof, or who shall have paid an entrance fee or a subscription , or 1869, s. 25.] who shall have attended two or inore meetings of the society as a member, or who shall have signed the roll or list of members of the society, or who having once become a member shall not have resigned or withdrawn from or been expelled from the society. Presumptive 10. When any of the banners, insignia , or writings of any society proof of membership. declared by this Ordinance to be unlawful are found in the possession , [ Straits Set tlement Ord. custody, or control of any person , it shall be presumed , till the contrary 4 of 1882. s. 5.] is shown by such person, that he is a member of such unlawful society . Repealed. 11. Ordinances 1 and 12 of 1845 are hereby repealed.  ORDINANCE No. 9 OF 1887 . 2105 Protection ofyoung Girls. No. 9 of 1887. An Ordinance for the better protection of young Girls. [See Ord. No. 19 of 1889, and No. 11 of 1890.J [ 13th April, 1887. ] HEREAS it is expedient to prevent adopted female children and other young Preamble. W girls from being brought up in the Colony for the purpose of prostitution either here or elsewhere : Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : 1. Whenever the Registrar General shall have reason to believe that any female Registrar General may child under the age of sixteen years has been purchased and brought into the Colony or summon custodian of that any female child between the ages of six and sixteen years is in the custody or any female child between 6 and 16 years of age. under the control of any person in the Colony with the view of being trained or disposed of as a prostitute either in the Colony or out of the Colony, it shall be lawful for the Registrar General to summon before him such custodian requiring at the same time the production of the said child, and to make full inquiry into the said matter. 2. If any person who has received such notice shall not appear, and produce the Penalty for not appearing and said child, and shall not satisfactorily account for such default he shall be liable on producing child. conviction before a Magistrate to a penalty not exceeding five hundred dollars, and in default of payment to be imprisoned with or without hard labour for any period not exceeding six months. 3. It shall be lawful for the Registrar General by notice in writing under his Registrar General may hand , to summon before him any person who he believes can give information respect summon any person who can give information. ing any such female child, or its treatment by its adopted parents, custodian or employer, and any person disobeying such notice, and not giving satisfactory reason for such default shall be liable on conviction before a Magistrate to a penalty not exceeding two hundred dollars or in default thereof to imprisonment with or without hard labour for any period not exceeding three months . 4. If the said custodian shall attend , the Registrar General may associate with Registrar General may him two or more Justices of the Peace, or such other persons as may from time to associate with him two or more Justices ofthe time be designated by the Governor, and he shall thereupon proceed to inquire into Peace or such other persons. the matter, and shall hear and examine upon oath any person capable of giving evidence in such matter. At such inquiry the said custodian may be assisted by counsel or Custodian or husband or solicitor and such custodian or any husband or wife of such custodian shall be a com wife of such custodian to be competent petent but not a compellable witness at every hearing before the said Registrar General witnesses. or in any subsequent inquiry. If after due inquiry the Registrar General shall be satisfied that any offence against the provisions of Ordinance No. 2 of 1875 has been committed by the said custodian he shall commit him for trial to the Supreme Court. In such case it may be lawful for the Registrar General to admit the said custodian to bail and in case of his non -appearance on his trial recognizance of bail may be enforced by the Supreme Court in the usual manner. 2106 ORDINANCE No. 9 OF 1887. Protection ofyoung Girls. Registrar If the said Registrar General is satisfied that the said child is being trained as a General may make an order for the custody prostitute or that it is the intention of the said custodian thereof to dispose of the said of the child under certain child as a prostitute or that it has been purchased for the purposes of emigration and circumstances . if the said custodian shall consent that the matter be dealt with by the Registrar General it shall be lawful for the Registrar General to make an order for the proper custody of the said child, or if he should think fit to leave the said child with the said custodian he may require the latter to furnish such security in such an amount with such sureties as he shall think fit for the proper care and bringing up of the said child . The Registrar General may also call upon the said custodian to furnish him with a photograph of the said child . If custodian 5. If the said custodian declines to have the matter dealt with by the Registrar declines to have the matter dealt General the said Registrar General shall make an order for the temporary custody of with by the Registrar the said child and shall remit the matter to a Police Magistrate who on hearing the General, the case may be remitted to a parties shall if he is satisfied that the child is being trained as a prostitute or that it Magistrate. is the intention of the custodian thereof to dispose of the said child as a prostitute or that the said child has been purchased for the purpose of emigration make an order in conformity with the provisions of section 4 of this Ordinance. Registrar 6. Whenever the Registrar General shall have reason to believe that any female General may applyfor child between the ages of six and sixteen years is in the custody, power or possession Habeas Corpus. of any person who has no legal right to such custody, and that it is prejudicial to the interests, and liberty of such child that she should continue in the custody of such person , it shall be lawful for the Registrar General to make application to a Judge in Chambers for a writ of habeas corpus. On the return of the said writ the said Judge shall make such order respecting the custody, education , and bringing up of the said child, and on such conditions as he shall deem best in the interest of the said child. In dealing with such cases no parent who has voluntarily parted with such child for the purpose of adoption into another family or who has received money for the parting with the custody of the child for any other purpose shall be deemed to be entitled as of right to the custody of such child as its natural guardian . Recovery of 7. In any action which may hereafter be entered for the recovery of any sum due sums due (n promise or on any promise or agreement which before the coming into operation of this Ordinance agreement already entered into. has been entered into before the Registrar General with respect to the custody, main tenance or giving in marriage of any female child, it shall not be necessary for the plaintiff in such action to allege or to prove that any consideration was given for the said promise or agreement, and it shall not be competent for the said defendant to allege in defence that the Registrar General had no authority or power to require such promise or agreement from him, or that no consideration was given for the same. Governor in 8. It shall be lawful for the Governor in Council to make and when made to Council may make regula alter, amend, or revoke all rules and regulations necessary for the efficient working of tions. this Ordinance.  ORDINANCE No. 9 or 1887 . 2107 Protection ofyoung Girls. 9. The forms contained in the schedule to this Ordinance shall be the forms to Forms. be used when required under this Ordinance. SCHEDULES . A. Notice under section 1 of Ordinance No. 9 of 1887. To A.B. residing at In virtue of the powers conferred on me by section 1 of Ordinance No. 9 of 1887 , I do hereby require you the said A.B. to appear before me at my office situate in on at of the clock in the noon and then and there to bring and produce one C.D. a female child now in your custody or under your control. Dated this day of in the year one thousand eight hundred and Registrar General. Take notice that if you do not obey this summons you are liable to a penalty not exceeding five hundred dollars, and in default of paying the said sum to imprisonment not exceeding six months. B. HONGKONG | TO WIT. J Know all men by these presents that we A.B. of C.D. of and E.F. of are hereby jointly and severally bound to Her Majesty, Her Heirs and Successors in the sum of dollars, for which payment well and truly to be made we do hereby bind ourselves our executors, administrators and assigns firmly by these presents. Dated this day of in the year Whereas Police Magistrate (as the case may be) has under the provision of section 5 of Ordinance No. 9 of 1887 , this day entrusted to the care of the said A. B. one G.H. a female child. Now the conditions of the above recognizance are such that if the said A.B. do well and truly (here state conditions) then the above recognizance to be null and void otherwise to remain in full force and effect. 000 Signature of A.B. C.D. S E.F. S Taken and subscribed by the said A.B. , C.D. and E.F. on the day month and year aforesaid. Before me Registrar General. 2108 ORDINANCES Nos . 9 AND 10 OF 1887 . Protection ofyoung Girls. Transportation and Penal Servitude. C. IN THE COLONY OF HONGKONG. In the matter of Ordinance 9 of 1887, and in the matter of C.D. female child. To A.B. These are to require you the said A.B. to be and appear before me at my office situate in on to give information respecting the treatment of one C.D. a female child. And take notice that if you do not attend you are liable to a fine not exceeding two hundred dollars and in default of payment of the same to be imprisoned for any period not exceeding three months. Dated this Registrar General. [Repealed by Ordinance No. 19 of 1889. ] No. 10 of 1887 An Ordinance to abolish Transportation and Penal Servitude and to substitute other Punishment in lieu thereof. [ 13th April , 1887. ] E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Penal servi. 1. From and after the commencement of this Ordinance no person tude abɔ lished. shall be sentenced to transportation or penal servitude , and any person who, if this Ordinance had not been passed , might have been sentenced to transportation or penal servitude , shall after the commencement of this Ordinance be liable to be sentenced to imprisonment with hard labour for a term of the same duration as the term of transportation or penal servitude to which such person would have been liable if this Ordinance had not been passed . Persons under 2. All persons at present detained under any sentence of penal penal servi tude to be servitude shall for the remaining period of their sentence be deemed to deemed to have been have been sentenced to imprisonment with hard labour, and shall be sentenced to hard labour. classed accordingly and shall be subject to all laws and rules relating to the care, custody , management, employment and discipline of offenders under sentence of imprisonment with hard labour, in the same manner as if they had been originally sentenced to imprisonment with hard labour. Repeal. 3. Ordinance 10 of 1858 is hereby repealed.  ORDINANCE No. 11 OF 1887 . 2109 Prevention of Crimes. No. 11 of 1887. An Ordinance for the more effectual Prevention of Crime. [ 19th April, 1887. ] E it enacted by the Governor of Hongkong , with the advice of the BE Legislative Council thereof, as follows : 1. This Ordinance may be cited for all purposes as The Prevention Short title. of Crimes Ordinance, 1887 . Licences. 2. It shall be lawful for the Governor, by an order in writing under Governor may grant licences his hand and seal , to grant to any convict now under sentence of impri to be at large under sen sonment with hard labour, or who may hereafter be sentenced to impri tence of hard labour. sonment with hard labour a licence to be at large in this Colony, or in [16 & 17 Vic. c. 99, s. 9. ] such part thereof as in such licence shall be expressed , during such portion of his or her term of imprisonment, and upon such conditions in all respects as to the said Governor shall seem fit ; and it shall be lawful for the said Governor to revoke or alter such licence by a like order at his pleasure . 3. So long as such licence shall continue in force and unrevoked , Holder of licence not to such convict shall not be liable to be imprisoned by reason of his sen beimprisoned by reason of tence, but shall be allowed to go and remain at large according to the his sentence . [16 & 17 Vic. terms of such licence. c. 99 , s. 10. ] 4. Provided always , that if it shall please the Governor to revoke If licence revoked , the any such licence as aforesaid it shall be lawful for him, by warrant under convict may be appre his hand and seal , to signify to a Magistrate that such licence has been hended and committed to revoked, and to require such Magistrate to issue his warrant under his prison. 16 & 17 Vic . hand and seal for the apprehension of the convict to whom such licence c. 99 , s. 11. ] was granted , and such Magistrate shall issue his warrant accordingly, and such warrant shall and may be executed by the constable to whom the same shall be delivered for that purpose in any part of this Colony ; and such convict when apprehended under such warrant shall be brought, as soon as he conveniently may be , before the Magistrate by whom the said warrant shall have been issued , or some other Magistrate of the said Colony , and such Magistrate shall thereupon make out his warrant under his hand and seal for the recommitment of such convict to the prison or place of confinement from which he was released by virtue of the said 2110 ORDINANCE No. 11 CF 1887 . Prevention of Crimes. licence, and such convict shall be so recommitted accordingly , and shall thereupon be remitted to his or her original sentence , and shall undergo the residue thereof as if no such licence had been granted . Forfeiture of 5. A licence granted under this Ordinance may be in the form set licence. [27 & 28 Vic. forth in the schedule to this Ordinance annexed , and may be written , c. 47 , s. 4. ] printed, or lithographed . If any holder of a licence granted in the form set forth in the said schedule is convicted , either by the verdict of a jury. or upon his own confession , of any offence, his licence shall be forthwith forfeited by virtue of such conviction . Offences by 6. If any holder of a licence granted in the form set forth in the holders of licence. said schedule , — [27 & 28 Vic. c. 47, s. 5.] ( 1. ) Fails to produce his licence when required to do so by any Judge, Magistrate or Justice of the Peace before whom he may be brought charged with any offence , or by any constable or officer of the Police in whose cus tody he may be, and also fails to make any reasonable excuse why he does not produce the same ; or ( 2. ) Breaks any of the other conditions of his licence by an act that is not of itself punishable either upon informa tion or upon summary conviction ; He shall be deemed guilty of an offence punishable summarily by im prisonment for any period not exceeding three months , with or without hard labour. Apprehension 7. Any Police officer may, without warrant, take into custody any of holder of licence holder of such a licence whom he may reasonably suspect of having without warrant. committed any offence, or having broken any of the conditions of his [27 & 28 Vic. • c. 47, s. 6. ] licence, and may detain him in custody until he can be taken before a Magistrate, and dealt with according to law. Effect of forfeiture or 8. Where any licence granted in the form set forth in the said revocation of schedule is forfeited by a conviction of any indictable offence, or is licence. [27 & 28 Vic. revoked in pursuance of a summary conviction under this Ordinance or č. 47, s. 9. ] any other Ordinance the person whose licence is forfeited or revoked shall , after undergoing any other punishment to which he may be sentenced for the offence in consequence of which his licence is forfeited or revoked , further undergo a term of imprisonment with hard labour equal to the  ORDINANCE No. 11 OF 1887 . 2111 Prevention of Crimes. portion of his term of imprisonment with hard labour that remained unexpired at the time of his licence being granted, and shall, for the purpose of his undergoing such last mentioned punishment, be detained in any prison in which he may be confined, by a warrant under the hand and seal of a Magistrate, and shall be liable to be there dealt with in all respects as if such term of imprisonment with hard labour had formed part of his original sentence . 9. Any constable in any police district may, if authorised so to do Penalty on holders of in writing by the chief officer of Police of that district, without warrant licences getting their take into custody any convict who is the holder ofa licence granted under livelihood by dishonest this Ordinance, if it appears to such constable that such convict is getting means. [34 & 35 Vie. his livelihood by dishonest means, and may bring him before a Magistrate c. 112, s. 3.J for adjudication . If it appears from the facts proved before such Magistrate that there are reasonable grounds for believing that the convict so brought before him is getting his livelihood by dishonest means, such convict shall be deemed to be guilty of an offence against this Ordinance, and his licence shall be forfeited . 10. Where in any licence granted under this Ordinance, any condi Penalty on breach of tions different from or in addition to those contained in the schedule of conditions of licence. this Ordinance, are inserted , the holder of such licence, if he breaks any [34 & 35 Vic. č. 112. s. 4.] such conditions by an act that is not of itself punishable, either upon in formation or upon summary conviction , shall be deemed guilty of an offence against this Ordinance, and shall be liable to imprisonment for any period not exceeding three months , with or without hard labour. A copy of any conditions annexed to any licence granted under this Ordinance other than the conditions contained in the schedule of this Ordinance, shall be laid before the Legislative Council within twenty -one days after the making thereof, if the Council be then sitting, or if not , then within fourteen days after the commencement of the next session of Council . 11. Every holder of a licence granted under this Ordinance who is Convict hold ing licence at large in the Colony shall notify the place of his residence to an officer to notify residence to of Police at the Central Police Station who shall then endorse on the police. (34 & 35 Vic. licence the station at which the said holder shall report himself. c. 112, s. 5. ] 2112 ORDINANCE No. 11 OF 1887. Prevention of Crimes. And whenever the said holder changes his place of residence , he shall notify such change at the Police Station endorsed on his licence and the Police officer shall endorse on his licence the station nearest to his residence and the said holder shall report himself at the Police Station so directed by such endorsement . Moreover every male holder of such licence shall , once in each month , report himself at such time as may be prescribed by the officer in charge of the station endorsed on his licence either to such officer himself or to such other person as the said officer may direct . If any holder of a licence who is at large in the Colony remains in any place for forty-eight hours without notifying the place of his residence at the station endorsed on his warrant, or fails to comply with the requisitions of this section on the occasion of any change of residence , or with the requisitions of this section as to reporting himself once in each month , he shall in every such case, unless he proves to the satisfaction of the Court or Magistrate before whom he is tried that he did his best to act in conformity with the law, be guilty of an offence against this Ordi nance, and upon conviction thereof his licence may, in the discretion of the Court or Magistrate , be forfeited ; or if the term of imprisonment with hard labour in respect of which his licence was granted has expired at the date of his conviction , it shall be lawful for the Court or Magistrate to sentence him to imprisonment, with or without hard labour, for a term not exceed ing one year, or if the said term of imprisonment with hard labour has not expired, but the remainder unexpired thereof is a lesser period than one year, then to sentence him to imprisonment, with or without hard labour , to commence at the expiration of the said term of imprisonment with hard labour , for such a terin as , together with the remainder un expired of his said term of imprisonment with hard labour, will not exceed one year. Register of criminals. Register and 12. The following enactments shall be made with a view to facilitate photograph ing of crimi the identification of criminals : -- nals. [34 & 35 Vie. ( 1. ) Registers of all persons convicted of crime in the Colony e. 112, s. 6.] shall be kept in such form and containing such particulars as may from time to time be prescribed by the Governor :  ORDINANCE No. 11 OF 1887. 2113 Prevention of Crimes. (2. ) The register shall be kept under the management of the Captain Superintendent of Police or such other person as the Governor may appoint : (3. ) The Superintendent of Victoria Gaol shall make returns of the persons convicted of crime and coming within his custody ; and such returns shall be in such form and contain such particulars as the Governor may require : (4. ) The Governor may make regulations as to the photograph ing of all prisoners convicted of crime who may for the time being be confined in Victoria Gaol and may in such regulations prescribe the time or times at which and the manner and dress in which such prisoners are to be taken, and the number of photographs of each prisoner to be printed, and the persons to whom such photographs are to be sent : (5. ) Any regulations made by the Governor as to the photo graphing of prisoners in any prison in the Colony shall be deemed to be regulations for the government of that prison, and binding on all persons, in the same manner as if they were contained in the rules made under section 17 of Ordinance 18 of 1885 . ( 6. ) Any prisoner refusing to obey any regulation made in pursuance of this section shall be deemed guilty of an offence against prison discipline within the meaning of section 16 of Ordinance 18 of 1885. (7. ) The Governor may from time to time modify , repeal , or add to any regulations so made. SCHEDULE . Order of licence to a convict made under Ordinance 11 of 1887. [ L.S. ] The Governor is pleased to grant to who was convicted of at the criminal sessions of the Supreme Court, for the Colony of Hongkong on the day of 188 " and was then and there sentenced to 2114 ORDINANCES Nos. 11 AND 12 OF 1887 . Prevention of Crimes. French Mail Steamers. imprisonment with hard labour for the term of and is now confined in the his licence to be at large from the day of his liberation under this order during the remaining portion of his said term of imprisonment unless the said shall before the expiration of the said term be convicted of some indictable offence within the Colony, in which case such licence will be immediately forfeited by law, or unless it shall please the Governor sooner to revoke or alter such licence. This licence is given subject to the conditions indorsed upon the same, upon the breach of any of which it will be liable to be revoked, whether such breach is followed by a conviction or not. And the Governor hereby orders that the said be set at liberty within thirty days from the date of this order. Given under my hand and seal at Victoria, Hongkong, this day of 188 . By His Excellency's Command, Colonial Secretary. CONDITIONS. 1. The holder shall preserve his licence and produce it when called upon to do so by a Magistrate, Justice of the Peace or Police officer . 2. He shall abstain from any violation of the law. 3. He shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes . 4 He shall not lead an idle and dissolute life without visible means of obtaining an honest livelihood. If his licence is forfeited or revoked in consequence of a conviction for any offence, he will be liable to undergo a term of imprisonment with hard labour equal to the portion of his term of years which remained unexpired when his licence was granted, viz., the term of years. No. 12 of 1887. An Ordinance entitled The French Mail Steamers Ordinance continuation Ordinance, 1887. [ 23rd April , 1887. ] 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 securingthe status of French Mail Steamers within the Ports of the Colony of Hongkong, shall continue in force until the 1st day of September, 1888 , inclusive.  ORDINANCES Nos . 13 AND 14 OF 1887 . 2115 German Mail Steamers. Police Force Consolidation . No. 13 of 1887. An Ordinance entitled The German Mail Steamers Ordinance continua tion Ordinance, 1887. [ 23rd April, 1886. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative BE Council thereof, as follows : 1. Ordinance 23 of 1833 , entitled An Ordinance to make temporary provision for securingthe status of German Mail Steamers within the Ports of the Colony of Hongkong, shall continue in force until the 1st day of September, 1888 , inclusive . No. 14 of 1887. An Ordinance to consolidate and amend the Law for the Estab Title. lishment and Regulation ofthe Police Force of the Colony. [ 11th June, 1887. ] E it enacted by the Governor of Hongkong, with the advice of the B Legislative Council thereof, as follows : PART I. Preliminary. 1. This Ordinance may be cited for all purposes as The Police Force Short title. Consolidation Ordinance, 1887. 2. In this Ordinance the expression subordinate officer shall mean Interpreta tion. every member of the Police force above the rank of constable except the Captain Superintendent, [ or adjutant : repealed by Ordinance No. 20 of 1890] and the word pension shall include any allowance in the nature of a pension or any gratuity on retirement . 3. Ordinances No. 9 of 1862 , except sections 17 , 18 , 19 , 20 and 21 , Repeal. No. 8 of 1869 and No. 7 of 1871 are hereby repealed but such repeals shall not affect the past operation of the said Ordinances or anything done or suffered thereunder or any appointment made or any right acquired under the said Ordinances or any of them . 2116 ORDINANCE No. 14 OF 1887. Police Force Consolidation. Police force 4. The existing establishment of Police for the service of the Colony establishment and salaries. mentioned in the 1st schedule hereto shall as heretobefore be under the [ No. 9 of 1862, s. 2 & s. 4. ] command and control of a Captain Superintendent and the members [10 Geo. IV. č. 44, s. 4. ] thereof shall obey all such lawful commands as they may from time to time receive from the said Captain Superintendent . Power to 5. It shall be lawful for the Governor in Council from time to time . Governor to diminish or increase or diminish the strength of the said force as may to him increase Police force. appear expedient . Provided always that the ways and means shall be [Ibid, s. 3.] considered as heretofore in the estimates laid before the Legislative Payment of Council and that the supply required for the payment of the said estab force to be voted in lishment shall also be voted annually as heretofore and included in the annual estimates. annual appropriation Ordinances. [ Ibid, s. 5. ] Agents to 6. It shall be lawful for the Governor from time to time to appoint enlist men for the force. such agents , with reasonable remuneration for their services, and repay [ Ibid, s. 6. ] ment of disbursements , as to him shall seem necessary , for the enlistment in other portions of Her Majesty's Dominions , of fit and proper men for service in the Police force for this Colony. PART II. Regulation. Oath of 7. The Captain Superintendent, [ and the : as amended by Ordinance Captain Superin No. 20 of 1890 ] deputy superintendent, [ or adjutant: repealed by Ordi tendent. Ibid, s. 7. ] nance No. 20 of 1890] shall, previous to entering on the duties of their respective offices , take before the Governor the oath of allegiance and the official oath as set forth in Ordinance No. 4 of 1869 sections 2 and 3. Captain And the Captain Superintendent shall, during his tenure of the Superintend ent to be a office , have and exercise all the powers of a Justice of the Peace, with Justice of the Peace in regard to the Police force, or any member or members thereof. relation to matters of Police. Subordinate 8. All subordinate officers and constables shall, before appointment, officers and constables to be examined, and approved by the Captain Superintendent and Colonial be examined. [Ibid, s. 8.] Surgeon, and having been so examined and approved of according to the forms in the 3rd schedule hereto annexed shall go before a Magistrate and answer the questions, and subscribe and take the oath or make the declaration contained in the 3rd schedule hereto .  ORDINANCE No. 14 OF 1887. 2117 Police Force Consolidation. 9. Every subordinate officer and constable shall , except as is here Officers and constables to inafter mentioned, engage and bind himself to serve in the Police force be engaged for five years . for the term of five years , during which term he shall not be at liberty [Ibid, s. 9. ] to resign his office or to withdraw himself from the duties thereof, except as is hereinafter provided . 10. It shall be lawful for the Governor in Council from time to time Power to enrol consta to authorise the appointment of any number of constables for such periods bles for limited periods. of less than five years and upon such special terms and conditions as he [ No. 7 of 1871 , s. 2.] shall from time to time deem expedient . Enrolment 11. Every constable so appointed under the preceding section shall under this bind himself to serve for such period and upon such terms and conditions Ordinance. [Ibid, s. 3.] as shall be agreed upon, and he shall not be at liberty to resign or with draw himself from the force before the expiration of the period of his engagement, except as hereinafter provided . 12. All the provisions of this Ordinance , except the provisions of Application of Ordinance to sections 9 , 13 , 15, 16, 17 and 18 shall so far as the same be not incon constables appointed sistent with the terms and conditions agreed upon , apply equally to con under s. 10. [Ord. No. 7 of stables appointed under or in pursuance of section 10, but in case any 1871 , s. 4 , 6. ] such constable shall be subsequently appointed under or in pursuance of 1 sections 8 and 9 the whole of his time of service under his first appoint ment shall be reckoned in the computation of his service for the purposes of free passage bonus and pension as hereinafter provided for and in such Bonus and pensions of case sections 16 , 17 and 18 of this Ordinance shall apply to such consta same. ble. [Ibid, s. 7. ] 13. In case any subordinate officer or constable, who shall have Renewal of service in completed his period of five years service, shall be desirous of continuing force for further in the Police Force, he shall be at liberty to engage and bind himself for period. [No. 9 of 1862, a further term of five years on similar terms and conditions, and shall s. 11.] take the oath or make the declaration prescribed by section 8 of this Ordinance Provided always that his re-enlistment is approved by the Captain Superintendent. 14. Notwithstanding anything herein to the contrary , the Governor Circum stances in shall have power to grant permission to resign , to any subordinate officer which officer may be or constable who may become unfit for further service from ill - health on allowed to resign, or may the certificate of the Colonial Surgeon to that effect, or in any special be dismissed . [ Ibid, s. 22. ] case brought to his notice by the Captain Superintendent, the Governor shall have power, to grant to any such officer or constable permission to resign. 2118 ORDINANCE No. 14 OF 1887 . Police Force Consolidation. Terms on which any 15. Any subordinate officer or constable shall be entitled to claim member of his discharge at any time upon his giving to the Captain Superintendent Police Force may resign. three months ' notice of his wish to withdraw, and paying a sum equiva [ Ibid, s. 23. ] lent to two months pay of the rank he may hold at the time of his giving notice of withdrawal for each unexpired year of his term of appointment. [ Proviso added by Ordinance No. 20 of 1890. ] Free passage 16. Every subordinate officer or constable shall at the termination or bonus after five years' of each service of five years for which he may be engaged, but subject to service. [No. 8 of 1869, the proviso hereinafter contained, be entitled to a free passage from 3. ] Hongkong to the port nearest to the place at which he may have been Proviso as to engaged for service , or in lieu thereof, or in case he shall have been notice. engaged in Hongkong, he shall be entitled to a sum by way of bonus equal to three months ' pay of the rank to which at the time he may belong ; provided always that he shall acquire no right to such free passage or bonus unless he shall have given three months' previous notice to the Captain Superintendent of his intention to leave the force at the expiration of such service of five years , or unless he shall engage for a further period of five years in which case he shall be entitled to the said bonus, although he may not have given such notice. Pensious. 17. It shall be lawful for the Governor in Council from time to time [ Ibid, s. 4.] to regulate the general conditions upon which, and the manner in which pensions are to be granted to members of the Police Force and to deter mine in each particular case whether a pension shall or shall not be granted to any member of the Police Force, and in the event of the Gov ernor in Council determining that a pension shall be granted to any member of the Police Force , to further determine the amount to be paid in respect thereof and the terms on which and the manner in which the same shall be paid. Revocation 18. If within three years after the granting of a pension under this of pension . [Ibid, s. 5. ] Ordinance to any member of the Police Force it be proved to the satis faction of the Governor in Council that the person to whom such pension may have been granted had been guilty of any corrupt practices in the execution of his office either by receiving bribes or by inducing or com pelling payment directly or indirectly of any valuable consideration to himself or to any other person by way of a bribe or by otherwise acting corruptly in the execution of or under color of his office as a member of the Police, then in every such case it shall be lawful for the Governor  ORDINANCE No. 14 OF 1887 . 2119 Police Force Consolidation. in Council to revoke and annull the grant of such pension (if any be subsisting ) or to make such reduction therein as to the said Governor in Council may appear fit . 19. The Captain Superintendent shall from time to time , make such Regulations for Govern rules or regulations as he shall deem expedient for the general govern ment and discipline. ment and discipline of the Police Force ; but such rules or regulations shall have no force or effect until they have been approved by the Gov ernor in Council and published in the Gazette. 20. It shall be the duty of the Captain Superintendent from time Department al orders. to time to make, as he shall think fit , without reference to the Governor, but subject to the Governor's disallowance or revisal , such other depart mental orders for the carrying out of the daily routine of the force, and for regulating the internal economy thereof. 21. Whenever any subordinate officer or constable shall resign the On leaving force, accou service, or shall cease to hold and exercise his office, all power and trements to be given up. authority vested in him by virtue thereof, shall forthwith cease and [No. 9 of 1862. s. 14.] determine to all intents and purposes whatever ; and every such officer or constable shall deliver over all and every the arms, ammunition, horses , accoutrements, and other appointments whatsoever which shall have been supplied to him in such capacity, to the person and at the time and place to be appointed by the Captain Superintendent ; and it shall be lawful for any Justice of the Peace to issue his warrant to search for and seize such arms , ammunition , horses, accoutrements, and other appoint ments which shall not be so delivered over, wheresoever the same shall be found. 22. Whenever any subordinate officer or constable shall be guilty Penalty for neglect of of any neglect or violation of duty in his office, or shall neglect or refuse duty or non-delivery to obey or execute any warrant lawfully directed to be by him executed , of arms on quittingforce. or shall be guilty of any disobedience to any rule or regulation made [Ibid, s. 15. ] under section 19 , or of any other misconduct as an officer or constable, or who having duly engaged and bound himself to serve in the Police Force shall desert therefrom, or who being permitted to resign shall not upon ceasing to belong to the force deliver up all arms , accoutrements , and appointments , whatsoever entrusted to him for the performance of his duty, he shall , upon conviction thereof before a Magistrate in a sum mary manner, forfeit and pay a sum not exceeding two hundred dollars, 2120 ORDINANCE No. 14 OF 1887 . Police Force Consolidation. and in default of payment thereof, be imprisoned with or without hard labour , for any term not exceeding six months ; and every offender shall forfeit all pay during his imprisonment. Captain 23. The Captain Superintendent [ or the deputy superintendent: as Superin tendent or amended by Ordinance No. 20 of 1890 ] shall, in cases of breach of disci Magistrate to punish for pline or neglect of duty by any constable upon proof thereof to his satis breaches of discipline. faction, have power to order the offender to forfeit and pay a sum not [ Ibid, s. 16. ] exceeding twenty-five dollars , or award imprisonment for any term not exceeding seven days with forfeiture of pay ; or, in his discretion , the Captain Superintendent [ or the deputy superintendent : as amended by Ordinance No. 20 of 1890 ] may bring the offender before a Magistrate who shall have power to award imprisonment for any term not exceeding fourteen days with or without hard labour, together with forfeiture of all pay during such imprisonment. [ Further amended by Ordinance No. 20 of 1890. ] Dismissal for 24. The Governor shall have power upon the representation of the misconduct. Captain Superintendent to dismiss any subordinate officer or constable for misconduct or neglect of duty, or to approve of the reduction of any sergeant or constable to a lower grade or class in the force. Rewards, 25. The Governor is hereby empowered to grant rewards to any badges, and medals may officers , subordinate officers or constables who shall distinguish themselves be given for extraordinary by extraordinary diligence zeal or exertion in the execution of their services. [Ibid, s. 24.] duties, and the Captain Superintendent shall report to the Governor any such officer, subordinate officer or constable who shall so distinguish himself, stating the nature of the service ; and the Governor shall have power to grant distinctive badges or medals to officers or constables for long and faithful or extraordinary services. Stations and 26. It shall be lawful for the Governor to direct suitable stations furniture to be provided for the quarters and accommodation of the Police force, and furniture for Police Force. suitable for the same, to be provided , and to direct the erection , fitting Ibid, c. 25.] up and furnishing of suitable premises as a place or places for instructing, training, and drilling the Police Force as occasion may require. Special duty 27. It shall be lawful for the Governor , if he shall think fit , upon and expenses thereof upon the application of any householder, to appoint any member of the Police householder's application. Force to do special duty in and upon the premises of the applicant ; and [Ibid, s. 26. ] every householder who shall so avail himself of the services of any cons table shall pay to the Captain Superintendent for the same the whole of  ORDINANCE No. 14 OF 1887. 2121 Police Force Consolidation. the pay and allowances of such constable ; and all sums which shall be received by the Captain Superintendent for such special services , shall be paid by him into the Colonial Treasury forthwith , and be accounted for monthly ; and every sum of money due for such special services shall be sum of deemed a debt due to the Crown , and shall be recoverable in like manner as other Crown debts in respect of rent and otherwise as therein men tioned . FIRST SCHEDULE . Stoff. 1 Captain Superintendent. Police Force. 1 Adjutant. [ Deputy Superintendent : as amended by Ord. No. 20 of 1890. ] 1 First clerk and accountant. 1 Second clerk. 1 Third clerk. 1 Fourth clerk. 1 Indian interpreter. 7 Chinese sergeant interpreters. 7 Do. do. do. 21 ཆ| Departmental Police. Governor 1 Sergeant of Police. 6 Chinese constables and orderlies. Treasurer 3 Indian constables. Surveyor General 2 Indian constables for store. 3 Chinese } 4 Do. do. for cemeteries . Registrar General 1 Inspector of markets. 3 Inspectors for duty under the Contagious Diseases Ordi nauce . 14 Police constables. Harbour Master 1 Chinese constable. 1 European constable (at Shipping Office.) 4 Chinese constables in charge at Aberdeen. 1 Police sergeant (interpreter) at Harbour Masters' office. 2122 ORDINANCE No. 14 OF 1887 . Police Force Consolidation. Gunpowder Depôt 1 Indian sergeant . 4 Do. constables. Supreme Court. 2 Chinese Do. Civil Hospital 1 Indian Do. Police Magistrates 1 European Do. 1 Chinese Do. 54 European Force . - Land and rater. 1 'Chief Inspector. 11 Inspectors. 11 Sergeants . 88 Constables . (Allowance to 10, as acting sergeants.) 111 Indian force. 1 Jemadhar. 5 Sergeants. 5 Acting sergeants. 189 Constables . 200 Chinese force. 5 Sergeants. 170 Constables . - 175 Water Police. - Chinese. 3 Sergeants. 8 Acting Sergeants . 118 Constables. 129 ――――― 689 Total force of all ranks and 55 Horse, Station, and chair coolies.  ORDINANCE No. 14 of 1887 . 2123 Police Force Consolidation. SECOND SCHEDULE . Examination of a candidate for the Hongkong Police . FORM I. QUESTIONS. ANSWERS . Name ? Age? Height ? ........ Complexion ? Eyes ?......... Hair ?....... Particular marks ? Where Figure ? ....... Born Parish, province, or district of In or near the town of........ ? In the Colony, or country of Trade or calling ? Religion ? Read and write ? Single or married ? Number of children ? Residence ?.....………. What public service ? Regiment, corps, &c. ? Length of service ? .... Amount of pension ?.. When discharged ? With whom last employed ? And where ? If ever in the Police service before ? ...... Name, address , and profession of nearest relative, ... Signature of candidate. Approved for medical examination. Date, 188 Captain Superintendent of Police. Surgeon's Certificate. FORM II. I hereby certify that I have examined the above candidate as to his health and bodily strength, and that I consider him for Police duty. Colonial Surgeon. 2124 ORDINANCE No. 14 OF 1887 . Police Force Consolidation. THIRD SCHEDULE. Questions by Magistrate. FORM I. Questions to be put separately by the Magistrate to a person engaging or enlisting into the service of the Police force. 1. What is your name? 2. In what place were you born ? 3. What is your trade or calling?. 4. Are you married? 5. Are you ruptured or lame ; have you ever been subject to fits, or have you any disability or disorder which impedes. the free use of your limbs , or unfits you for ordinary labour? 6. Do you belong to the Army or Navy or Militia? 7. Have you ever served in the Army or Navy, Militia or Volunteers ? 8. Are you willing to serve in the Police of Hongkong for the term of from I do make oath that the above questions have been separately put to me : that the answers thereto have been read over to me, and that they are the same that I gave and are true. I do also make oath that I will well and faithfully serve Her Majesty, Her Heirs and Successors for the term of as of the Police Force of Hongkong, and will obey all orders of Her Majesty, Her Heirs and Successors, and of all Magistrates and officers set over me. So help me God. Witness. Signature. Sworn before me at Victoria, Hongkong, this day of 188 . Magistrate. Declarations in lieu of oath. FORM II. I do solemnly, sincerely and truly declare, that the above questions have been separately put to me: that the answers thereto have been read over to me, and that they are the same that I gave and are true.  ORDINANCE No. 14 OF 1887. 2125 Police Force Consolidation. I do also solemnly, sincerely and truly declare that I will well and faithfully serve Her Majesty, Her Heirs and Successors for the term of as of the Police Force of Hongkong, and will observe and obey all orders of Her Majesty, Her Heirs and Successors , and of all Magistrates and officers set over me . Witness, Signature. Declared before me at Victoria, Hongkong , this day of 188 Magistrate. Regulations made by the Captain Superintendent of Police under the provisions of section 19 of Ordinance 14 of 1887, for the general government and discipline of the Police Force, on the 28th June, 1887, approved by the Governor in Council on the 1st July, and gazetted 3rd September, 1887. 1. No subordinate officer or constable shall take directly or indirectly any gra tuity or reward whatsoever without the permission of the Captain Superintendent of Police. 2. No subordinate officer or constable shall take either money or goods, or money's worth, or anything whatsoever as a bribe from any person or persons, directly or indirectly, and he shall not suffer any person or persons to take money, or money's worth, or anything whatsoever as a bribe on his behalf, or in his interest, or to be placed to his credit, or that of any relative or friend for his benefit . 3. No subordinate officer or constable shall take fruit or any article without payment from any hawker, stall, or shop. 4. No subordinate officer or constable shall sell, pawn, lose by neglect, make away with, or wilfully damage, his arms, accoutrements , or any article of clothing or equip ment, the property of the Government, that he may be put in possession of. [5. Subordinate officers and constables are to report to the Captain Superintendent of Police, if they have reason to suspect the existence of a public gambling or gaming house, but they are on no account themselves to go in or to send any one else for the purpose of obtaining proof. They will on no account enter any gambling or gaming house except under special permission , or by authority of a warrant under the signature of a Justice of the Peace, or in pursuit of a person whom they have power to apprehend. Repealed by Regulation of the 30th November, 1887. ] 6. Aggravated cases of drunkenness such as drunk on or for duty, drunk and disorderly, or riotous, drunk and resisting escort, &c. , may be punished by a Magistrate or Captain Superintendent according to the nature and degree of the offence. 2126 ORDINANCE No. 14 OF 1887. Police Force Consolidation. Regulation made by the Captain Superintendent of Police, pursuant to section 19 of Ordinance 14 of 1887, approved by the Governor in Council 30th November, and gazetted 24th December, 1887. The following regulation shall be substituted for rule 5 of the Regulations approved by the Governor in Council on the 1st July, 1887 : 5. Inspectors are to report to the Captain Superintendent of Police if they have reason to suspect the existence of a public gambling or gaming-house, but they are on no account themselves, without the instructions of a superior officer, to go in or send any one else for the purpose of obtaining proof. Regulation made the 10th January, 1888, by the Captain Superintendent of Police, pursuant to section 19 of Ordinance 14 of 1887, approved by the Governor in Council the 12th and gazetted 14th January, 1888. 7. All recruits on joining the Police Force will be vaccinated unless the Colonial Surgeon exempts them. The same rule will apply to all men re- engaging. Leave regulations made by the Captain Superintendent of Police, pursuant to section 19 of the Police Consolidation Ordinance, 1887, (No. 14 of 1887, ) approved by the Governor in Council 20th August, and gazetted 1st December, 1888. I.- EUROPEANS. Leave at the expiration offive years' service. 1. Any European member of the Police force may, after each period of five years' service, on claiming his return passage, under § 16 of Ordinance 14 of 1887, apply through the Captain Superintendent of Police to His Excellency the Governor for permission to return to the service within a period not exceeding nine months. 2. Should this application be approved, the applicant will receive half pay, during his absence, and a certificate entitling him to a return passage to the Colony within the period specified ; subject to his passing a satisfactory medical examination about three months before the expiration of his leave as to his fitness to return to a tropical climate.  ORDINANCE No. 14 OF 1887 . 2127 Police Force Consolidation. 3. The applicant shall enter into a bond for the refund of the half pay, or the difference between his pension and half pay as the case may be, drawn after his leaving the Colony , in case he does not return at the period specified . 4. This period may nevertheless be extended by the Secretary of State for the Colonies, on such ground as may to him be satisfactory, and such extension shall be deemed to be leave originally granted within the meaning of the above sections 1 , 2 , and 3, anything therein contained to the contrary notwithstanding. 5. Such leave shall enable the applicant to count his previous service as regards the time of service required before a pension is granted , and each period of two months on leave shall count as one month's service towards the computation of a pension . 6. On the applicant's return to the Colony, he shall be reinstated in his relative. position in the force, and he will be sworn in for a further period of five years' service under §§ 8 and 13 of Ordinance 14 of 1887. 7. If at the expiration of five years' service leave is refused on the ground that the applicant's service cannot then be spared , he shall be allowed leave at the earliest suitable date, and the time elapsing between the expiration of the above mentioned five years' service and the date of his going on leave, shall be calculated towards the period of five years, service to be served by him on his return from such leave. If the time of year at which a period of five years' service expires is on consideration of health unsuitable for leave to be taken, the applicant may, by permission, go on leave at any time within six months from such expiration of service, and this interval shall count towards his next period of five years ' service. 8. The period of time spent on leave will not count towards the calculation of time constituting any term of five years' service for bonus or passage. II. INDIANS. 1. Leave of absence will be granted to Indians, after each period of five years' service, subject to the following conditions : a. That the applicant's previous character has been good. b. That the leave does not exceed six months, except on special authority. c. That the period on leave counts towards the time of service necessary for pension, in the proportion of two months' leave counting as one month's service, and will enable him to count his previous service towards the period of service required before a pension is granted . d. That half pay is granted for the period on leave, and the return passage of the applicant defrayed . These amounts will be paid on the applicant's return to the Colony and re-enlistment . e. The number of men on leave will be limited at the discretion of His Excellency the Governor. 2128 ORDINANCE No. 14 OF 1887. Police Force Consolidation. f. On the applicant's return he will be sworn in under §§ 8 and 13 of Ordinance 14 of 1837, for a further period of five years' service, and re- instated in his relative position . III. Members of the force who are drawing allowance for knowledge of Chinese will be allowed to draw half the allowance when on half pay leave. Additional Police Regulation under section 19 of Ordinance 14 of 1887, approved of bythe Governor in Council on the 10th day of January, 1891. (Gazette 14th February, 1891.) The amount of sick leave allowed to officers of the civil service having been recently regulated by the Right Honourable the Secretary of State for the Colonies, the following regulation as to the subordinate members of the Police Force is approved. Any subordinate officer detained in hospital, or absent from duty, otherwise than for injuries received on duty, for a period of more than 30 days in one year, will for each day's detention or absence after that period be allowed half pay only, without further hospital stoppages. HONGKONG POLICE . Pension regulations made on the 10th and gazetted 28th February, 1891 . The following regulations , concerning the general conditions upon which pensions, superannuation allowances, or other relief are to be granted, under section 17 of Ordi nance No. 14 of 1887 to subordinate officers or constables of the Police Force, are authorized by His Excellency the Governor in Council, this 10th day of February, 1891 --- : 1. Subject to the exceptions and provisions hereinafter contained, a pension will be granted to any subordinate officer or constable of the Police Force, who has completed fifteen years' service, at a rate not exceeding 20/60th of the annual pay of his rank, provided he shall have been in receipt of the same for the last three years ; otherwise, the pension shall be calculated upon the average amount of pay received by such person during the three years next preceding the commencement of such pension. Further, for every full and complete year's service after fifteen years, an addition to the annual pension of 1 /60th part of the average annual pay of his rank shall be made for each additional year of such service.  ORDINANCE No. 14 OF 1887 . 2129 Police Force Consolidation. 2. Any subordinate officer or constable of the Police Force who may be invalided after serving ten complete years and under fifteen years, may (provided that such invaliding be not the consequence of intemperate or vicious habits) be granted a pension not exceeding 15 /60ths of the average annual pay of his rank during the past three years' service, and 1 / 60th for each full and complete year's service after ten years . 3. Any subordinate officer or constable of the Police Force who may be invalided as aforesaid before the completion of ten years' service may be granted a gratuity not excceding one month's pay for each complete year's service. 4. Subject to the exceptions and provisions hereinafter contained , a pension will be granted to any subordinate officer or constable of the Police Force who joined previous to the 13th September, 1884, (excepting those who have joined under or have accepted an agreement to serve fifteen years' before becoming entitled to a pen sion) who has served ten years, at the rate of 15/60th of the annual pay of his rank, provided he shall have been in receipt of the same for the last three years ; otherwise, the pension shall be calculated upon the average amount of pay received by such person during the three years next preceding the commencement of such pension. Further, for every full and complete year's service after ten years, an addition to the annual pension of 1/ 60th part of the average annual pay of his rank shall be made for each additional year of such service . 5. Extra pay for acting appointments will in no case be taken into consideration in determining the amounts of pension or gratuity. 6. Time spent on leave with half salary , provided it does not exceed 1 /6th of resi dent service, shall be reckoned for pension purposes at the rate of one month for every two months of such leave, but absence without salary or beyond 1 /6th of resident service shall not be reckoned at all. 7. All pensions granted shall be payable in Hongkong or London , or in the principal towns of British India. 8. Full pensions or gratuities will be granted only on the applicant's conduct having been uniformly good. 9. Should the applicant's conduct not have been uniformly good, a modified pension or gratuity will be granted . Should his conduct have been decidedly bad, no pension or gratuity will be paid. 10 A commuted payment, calculated at five times the amount of the annual pension, may be granted in lieu of a pension, if the applicant should be unable to draw his pension at any of the places before mentioned, or on the application of the grantee, at the discretion of His Excellency the Governor. 11. If any person receiving a pension under these regulations should be appointed to fill any office in any public department , such pension shall cease to be paid for any 2130 ORDINANCE No. 14 OF 1887. Police Force Consolidation. period subsequent to such appointment if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him ; and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what with the salary of his new appointment shall be equal to the profits of his former office. 12. A pension is granted only on the condition that it becomes forfeited, and may be withdrawn by His Excellency the Governor, in any of the following cases : --- (a.) On the conviction of the grantee for any indictable offence. (b.) On his knowingly associating with thieves or suspected persons . (c.) On his refusing to give information and assistance to the Police whenever in his power, for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace. (d.) If he enter into or continue to carry on any business, occupation, or employment, which shall be, in the opinion of His Excellency the Governor, disgraceful in itself or injurious to the public, or in which he shall make use of the fact of his former employment in the Police in a manner which His Excellency the Governor considers to be dis creditable and improper. 13. It shall, however, be in the discretion of the Governor in Council to grant a special rate of pension to any subordinate officer or constable of the Police Force who may be compelled to quit the public service by reason of severe bodily injury, occasioned without his own fault , in the discharge of his public duty. In every such case the amount of pension shall be made to vary partly in propor tion to the number of years served by the injured man, and partly in proportion to the severity of the injury. The portion of the pension earned by length of service shall be calculated at the rate of 1 /60th of the salary and emoluments of the sufferer at the time when the injury or accident occurred, for each year of service completed by him at the time he retires, whether the number of years served be more or less than 10, but no number of years service shall be allowed to give a claim to pension of more than 40/60ths in respect of service only ; and in every such case a medical certi ficate shall be furnished stating : (a .) Whether the capacity of the sufferer to contribute towards his own support is slightly impaired , impaired, materially impaired, or totally destroyed, and (b. ) Whether such incapacity is likely to be permanent. (c.) Whether the retirement is to be attributed solely and immediately to the injuries received .  ORDINANCES Nos . 14 AND 15 OF 1887 . 2131 Police Force Consolidation. Hongkong and Shanghai Bank. An addition to the pension of the sufferer, on account of the injury may then be made on the following scale : (a .) When the capacity is certified to be slightly impaired not exceeding 6/60th of the pay and emoluments ; (b. ) When impaired not exceeding 12/60ths ; (c.) When materially impaired not exceeding 18 /60th ; (d.) When totally destroyed not exceeding 21 /60ths . But in no case, however, shall the total amount of the pension exceed the full amount of the pay and emoluments of the sufferer at the time when the injury occurred. NOTE. For superseded regulations sec infra. Pension regulations under s. 17 of 22nd May, 1888, Gazette 2nd June, 1888. Leave 99 under s. 19 of 31st May, 1888 , Gazette 23rd June, 1888. under s. 19 of17th July, 1888, Gazette 28th ofsame month. No. 15 of 1887. An Ordinance authorising the Hongkong & Shanghai Banking . Corporation to continue incorporated for the further term of Twenty- one years. [ 4th May, 1887. ] Preamble. HEREAS by section 4 of The Hongkong and Shanghai Bank WHE Ordinance, it is provided that the Hongkong and Shanghai [No. 1866. 5] of Banking Corporation therein and hereinafter called the Company should be established for the purpose of carrying on under the management of a court of directors the business of banking for the term of twenty -one years commencing from the day of the date of that Ordinance in the Colony. And whereas by section 29 of the said Ordinance it was provided that on the determination of the said term of twenty- one years the powers and privileges hereinbefore conferred on the company should cease unless the Governor, with the advice of the Legislative Council, should declare to the contrary and by an Ordinance to that effect authorize the Company to continue incorporated under the provisions of the said Ordinance for a further term of ten years, or for such period and under such provisions and conditions as might be contained in the said Ordinance . And whereas the said term of twenty- one years expires on the 14th day of August , 1887. And whereas it is expedient to authorize the Company to continue incorporated under the provisions of the said Ordinance for a further term of twenty -one years : Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : 2132 ORDINANCES Nos. 15 AND 16 OF 1887 . Hongkong and Shanghai Bank. Whipping. Continuance for a further 1. The Company shall continue incorporated and shall carry on the term of 21 business of banking under the provisions and conditions contained in years. The Hongkong and Shanghai Bank Ordinance as amended by Ordinance No. 21 of 1882 for the further term of twenty- one years commencing from the 14th day of August, 1887 . Ordinances 5 2. This Ordinance and The Hongkong and Shanghai Bank Ordinance of 1866, 21 of 1882, and this as amended by Ordinance No. 21 of 1882 shall be read together and Ordinance to be read as one construed as one Ordinance. Ordinance . Suspending 3. This Ordinance shall not come into operation unless and until Mause. the Officer Administering the Government notifies by proclamation that it is Her Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Officer Administering the Government shall notify by the same or any other proclamation . [ Confirmation proclaimed 16th August, 1887.] No. 16 of 1887. An Ordinance empowering the Courts to award Whipping a further punishment for certain Crimes. [ 24th June, 1887. ] E it enacted by the Governor of Hongkong, with the advice of the ВЕ : Legislative Council thereof, as follows : Power to 1. If any person shall be convicted of a crime who at the time ofthe award punish ment of commission thereof shall have been armed with any offensive weapon or whipping in cases herein instrument, or named. No. 12 of If any person shall be convicted 1865. ] 7 and 8 Geo. (a. ) of any felony not punishable with death , committed after IV, ch. 28, sec. 2. two previous convictions for felony, and the sentence for each of which has been at least six months ' imprison ment with hard labour, or (b. ) of any crime under sections 32 , 33 , 34. 35 and 36 of Or dinance 7 of 1865 , or (c. ) of piracy, or (d. ) of indecent assault,  ORDINANCES Nos . 16 AND 17 OF 1887. 2133 Whipping. Cattle Diseases, Slaughter-Houses, and Markets. the Supreme Court may in addition to the punishments awarded for such crimes direct that the offender if a male be once, twice or thrice privately whipped. 2. If any person shall be convicted under section 27 [ " 28 " as Offences against Ord. amended by Ordinance No. 23 of 1887 ] of Ordinance No. 7 of 1865 of 7 of 1865, s. 27, [28 ] stealing any chattel money or valuable security from the person of any tobe punished by whipping. child or woman without violence, the Court or Magistrate* before which [*See note at such person is tried may in addition to the punishment awarded for such foot. ] crime direct that the offender if a male be once, twice or thrice privately whipped. 3. In the case of any offender whose age does not exceed sixteen Number of strokes. years the number of strokes at each such whipping shall not exceed twelve. In the case of every other male offender convicted under this Ordinance the number of strokes shall not exceed thirty- six at each such whipping. 4. It shall not be lawful to award any sentence of whipping on the Whipping be inflictedto back, and every sentence of whipping shall prescribe the number of withnumberof and a rattan strokes to be strokes and shall provide that such whipping shall be inflicted with a mentioned in sentence. rattan on the breech, privately in prison and within six months of the [No. 12 of sentence. 1865, and No. 3 of 1881 , sec. 3. ] Present 5. Provided that nothing in this Ordinance contained shall be powers of construed as limiting the powers now possessed by the Supreme Court to Supreme Court not award whipping as an additional punishment for certain crimes . limited . [ So much ofthis Ordinance as relates to the power of a Magistrate to order whipping: Repealed by Ordinance No. 10 of 1890 as from January 1st, 1891. ] No. 17 of 1887. An Ordinance entitled The Cattle Diseases, Slaughter-Houses, and [See amend ing Ord. No. Markets Ordinance, 1887. 23 of 1890.j [ 20th June, 1887. ] E it enacted by the Governor of Hongkong , with the advice of the Legislative Council thereof, as follows : 1. In the construction of this Ordinance, the term City of Victoria Definitions. means the City of Victoria bounded as follows : --- 2134 ORDINANCE No. 17 OF 1887 . Cattle Diseases, Slaughter- Houses, and Markets. On the north by the harbour, on the south by the Pokfúlam and Taitam conduits , on the east by a straight line drawn from Whitfield Police Station to the mouth of the Taitam tunnel, and on the west by Mount Davis. Cattle means bulls , cows , oxen , heifers , calves , and buffaloes . Animal means cattle, sheep, goats and swine. [ Amended by Ord. No. 21 of 1889, (repealed) and by Ord. No. 23 of 1890. ] Disease means any infectious, contagious or communicable disease of animals . Market building means any house, shop , stall , or other building in a market. PART I. Importation of cattle. Bye-laws by 2. The Governor in Council may make and when made, vary, adl Governor in Council. to, or revoke bye-laws in respect of the following matters : (1. ) Prohibiting the importation or landing of cattle, sheep and swine [ “ animals " as amended by Ord. No. 21 of 1889 (repealed) and by Ord. No. 23 of 1890 ] otherwise than at such times and places , and subject to such conditions regarding inspection , marking, isolation , subsequent disposal, and payment of such inspection fees as may be prescribed by such bye-laws. (2. ) Providing for the regular inspection of all places where cattle, sheep and swine [ " animals " as amended by Ord. No. 21 of 1889 (repealed) and by Ord. No. 23 of 1890] are kept. (3. ) The slaughtering or isolating and keeping under observation any animal that may appear to be or may be reasonably suspected of being infected or of having been in contact or in the same herd with animals affected with disease. (4. ) Authorising the Sanitary Board to dispose of the carcase of any animal slaughtered under the provisions of this Ordinance in such manner as it may deem fit. P ORDINANCE No. 17 OF 1887. 2135 Cattle Diseases, Slaughter- Houses, and Markets. ( 5. ) Authorising the Sanitary Board to declare places to be infected with disease and to prohibit the removal of any • animal, fodder, litter, utensil , or other thing from such places. (6. ) Prescribing the modes of cleansing and disinfecting of places which have been occupied by any animal suffering from infectious disease. 3. The Governor in Council shall direct that out of the public Compensation for animals slaughtered. revenue of the Colony compensation shall be paid as follows for any animal slaughtered under the provisions of this Ordinance : (1. ) When the animal has shown no symptoms of disease within 3 days after importation but has showed symp toms of disease within 14 days after importation, one third of its value when imported shall be given. (2. ) When the animal has shown symptoms of disease after being over 14 days in the Colony, one half its value immediately before it became affected shall be given . (3. ) When the animal has shown no symptoms of disease but has been in contact or in the same herd with diseased cattle, compensation shall be given. (4. ) [ Provided that the sum to be allowed as compensation for one animal shall in no case exceed $50. Repealed by Ordi nance No. 12 of 1890 and new sub- section substituted. ] ( 5. ) When the animal has shown symptoms of disease on im portation or within 3 days after importation no com pensation will be given . 4. The Governor in Council shall direct that out of the public Compensation for articles revenue of the Colony the full market value shall be paid for all articles destroyed. destroyed in the disinfecting of infected premises under the provisions of this Ordinance . 5. The amount of compensation for animals slaughtered and articles Value to be fixed by destroyed shall be fixed by an inspector of live- stock , and any person inspector of live-stock. dissatisfied with his valuation may appeal therefrom to the Governor in Council. 2136 ORDINANCE No. 17 OF 1887 . Cattle Diseases, Slaughter- Houses, and Markets. Transport of 6. No person shall bring into the Colony , or drive , carry , transport, animals. remove, or have or keep , or knowingly suffer to be had or kept under his control or on his premises any animal or other creature used for human food in any way which may cause needless or avoidable suffering to such animal or creature . Cattle depôts. 7. All animals brought to the Colony for the purpose of being slaughtered shall be kept , except when they may be turned out to graze, in a properly constructed depôt licensed by the Sanitary Board under section 11 of Ordinance 7 of 1883. [ " Section 13 of Ordinance No. 24 of 1887 : " as amended by Ordinance No. 9 of 1889 (repealed) , and by Ordi nance No. 23 of 1890. ] No animals shall be turned out to graze when the Sanitary Board shall , for sanitary reasons , forbid such grazing by an order in writing . PART II . Slaughter-houses. Establishing 8. A sufficient number of fit and proper slaughter-houses to meet of slaughter houses and the requirements of the Colony shall be provided by the Government the letting thereof. and it shall be lawful for the Governor in Council to grant to any person or persons the sole privilege of slaughtering cattle [ " animals " as amended by Ordinance No. 21 of 1889 (repealed) , and by Ordinance No. 23 of 1890 ] within the Colony or within any particular district or locality therein , for such rent, premium, or consideration and for such period and upon such conditions as shall be deemed expedient ; always provided that the Governor in Council may at discretion lease the privilege of slaughtering animals by private contract or appoint any person to manage the public slaughter-houses . All contracts entered into for the leasing of the privilege of slaughtering animals within the Colony before the passing of this Ordinance shall continue in force until such contracts shall expire . Prohibiting 9. No slaughter-house shall be opened or kept open except under the establish ment of other the provisions of this Ordinance ; and every slaughter -house which shall slaughter houses . be otherwise opened or kept open shall, together with the building in which the same shall be carried on, be deemed a nuisance.  ORDINANCE No. 17 or 1887 . 2137 Cattle Diseases, Slaughter- Houses, and Markets. 10. The lessee of the privilege of slaughtering animals shall enjoy, Privilege of slaughtering during the whole of the term of his lease, the sole and exclusive privilege animals. of slaughtering animals in the Colony , and shall give such security for the payment of the rent thereof and for the due observance of the bye laws regulating slaughter-houses as the Governor in Council may direct . 11. The lessee of the privilege of slaughtering animals in the Colony Sub-letting prohibited. shall not sublet or assign any part thereof without the written permission of the Registrar General . 12. No person shall slaughter any animal or dress any carcase Slaughtering except in thereof for sale except within a slaughter-house appointed for that pur slaughter houses pose under this Ordinance ; always provided that goats may be slaugh- prohibited . tered by or for any Indians, Indian troops or Indian Police quartered in the Colony . Unauthorised 13. Except as provided in this Ordinance no person shall demand fees or charge or receive any money or other valuable consideration as a fee, fine, toll , prohibited. rent or otherwise for access or admission to or for slaughtering any animal in any slaughter-house. 14. The Captain Superintendent of Police, the Registrar General, Slaughter hou ses open the Surveyor General , and their respective officers as well as members to inspection . and officers of the Sanitary Board shall have at all times free access to every part of every slaughter-house. Power to 15. The Governor in Council may from time to time make and make when made revoke, add to, or alter bye-laws for regulating the slaughter bye-laws. houses in the Colony. PART III . [See Ord. No. Markets. 10 of 1890. $. 93. ] 16. All markets established at the time of the coming into operation Establishing markets. of this Ordinance shall be continued and shall be subject to this Ordi Prohibiting other nance, but it shall be lawful for the Governor in Council from time to markets. time to close any of them, and also to establish or close any new market . No market shall be opened or kept open except under the provisions of this Ordinance ; and every market which shall be otherwise opened or kept open shall, together with the building in which the same shall be carried on, be deemed a nuisance. 2138 ORDINANCE No. 17 OF 1887 . Cattle Diseases, Slaughter-Houses, and Markets. Buildings in 17. No buildings shall be erected or maintained in any market markets. except stalls , quarters for market officers, police and porters. Such buildings shall be of stone or brick and the stalls shall be fitted with stone or wooden counters . No person shall be allowed to pass the night in any market except the Police and caretakers recognised by the Gov ernment. Letting of 18. All market buildings shall be let by the Registrar General in market buildings. such manner and on such conditions as shall from time to time be [See Cond approved by the Governor in Council. Until such conditions and manner tions and manner of of letting shall be so established or varied they shall be as follows : litting 21st May, 1890, Gazette 7th ( 1. ) All market buildings shall be let without fine or premium, June, 1890.] either from month to month, or for a term of years , for the highest rent obtainable, such rent to be ascertained . by sealed tenders . In case of equal tenders the tenant in possession , if any, shall have the preference . 2. ) If the letting is from month to month, a month's notice of its discontinuance shall be given either by the Regis trar General or the lessee as the case may be. (3. ) If the letting is for a year or more, no notice of the expira tion of the term shall be necessary. (4. ) No market building shall be let for more than three years except on a higher rent than can be obtained for three years' lease, nor for any term exceeding five years ' lease without the approval of the Governor. (5. ) All rents of market buildings shall be paid to the Registrar General in advance within the first seven days of each month. (6. ) The Governor may order the forfeiture of any lease of a market building if it shall be proved to his satisfaction . that the licensee has used such market building for any other purposes than those pertaining to the business of a market . Sub-letting 19. No lessee of any market building shall sublet or assign the prohibited. same or any part thereof without the written permission of the Registrar General, nor shall transfer his lease to any other person . Nevertheless  ORDINANCE No. 17 OF 1887 . 2139 Cattle Diseases, Slaughter- Houses, and Markets. the business of any lessce may be carried on, in case of his death or absence, by his executors , administrators , or agents until the expiration of his lease. 20. No alteration in or addition to any market building shall be Alterations to buildings. made or commenced by any lessee thereof without the sanction of the Surveyor General in writing . 21. Whenever the lessee of any market building shall fail to comply Repairs to buildings by with any condition of his holding or grant as to the execution of any lessee. repairs to such market building , or other works in connection with the same, the Surveyor General may summon such lessee before a Police Magistrate, who may summarily order him to execute such repairs or other works within a reasonable time to be specified in such order. Any failure to carry out the terms of such order shall be deemed an offence against this Ordinance. 22. Except as by this Ordinance provided , no person shall within Sales outside markets pro the city or harbour of Victoria or in such villages as shall be named in hibited. any bye-law to be made for the purpose by the Governor in Council sell or expose for sale in any place not being a public market within the meaning of this Ordinance any articles of food for man usually sold or exposed for sale in a public market ; always provided that the Governor in Council may from time to time grant licences for the sale of articles of food for man elsewhere than in a public market , to such persons , for such considerations, and for such periods as he shall think fit . 23. Nothing in this Ordinance shall be so construed as to forbid Exceptions to the prohibi any of the following sales of food : tion of sales outside markets. ( 1. ) Of rice, bread, milk, salt-fish , or confectionery. ( 2. ) Of green vegetables , fruit , bean - curd , congee, soup , or other prepared food by licensed hawkers. ( 3. ) Of fish, by licensed boatmen at a distance of at least one hundred yards from shore. (4. ) Of cooked provisions to customers by any licensed vict ualler or keeper of a boarding house or refreshment room . ( 5. ) Of any food commonly sold by chandlers and purveyors not being raw butchers ' meat . (6. ) Public sales by licensed auctioneers . 2140 ORDINANCE No. 17 OF 1887. Cattle Diseases, Slaughter-Houses, and Markets. Inwholesome 24. No person shall keep, sell, expose for sale or bring into the Colony or into food. any market, any food for man or beast which is in an unwholesome condition or unfit for use. [ Repealed by Ordinance No. 23 of 1890. ] Unauthorised 25. Except as provided by this Ordinance , no person shall demand fees or charges prohibited. or receive any money or other valuable consideration as a fee, fine , toll, rent or otherwise for access or admission to , or for selling , or buying in any market. Markets open 26. The Captain Superintendent of Police, the Registrar General, to inspection . the Surveyor General and their respective officers as well as members and officers of the Sanitary Board shall have at all times free access to every part of every market building. Powerto make 27. The Governor in Council may from time to time make and bye-laws. when made revoke, add to , or alter bye-laws for regulating the markets of the Colony . PART IV . Miscellaneous. Promulgation 28. All Orders in Council and bye-laws made under this Ordinance of orders and bye-laws. shall be published in the Government Gazette in English and Chinese. Every Order in Council shall take effect from the date specified in such order. All bye - laws when published shall be construed as parts of this Ordinance and such bye-laws shall be binding not only upon all licensees under this Ordinance but also upon all persons employed by or dealing with them . The bye -laws set forth in the schedules hereto annexed shall be the bye-laws made under this Ordinance until the same shall be altered or repealed by the Governor in Council. Definition of 29. Offences against this Ordinance shall be considered to be : -- offences. ( 1. ) Refusal , neglect , or omission to do any act commanded by this Ordinance or by any order in Council made there under. ( 2. ) Refusal to permit or obstruction of any such act. (3. ) The doing of any act forbidden by this Ordinance or by any order in Council made thereunder.  ORDINANCE No. 17 OF 1887 . 2141 Cattle Diseases, Slaughter-Houses, and Markets. 30. For every offence against this Ordinance there shall be payable . Penalties. ( 1. ) In the case of any offence against sections 2 to 6 inclusive , a fine not exceeding two hundred dollars . ( 2. ) In the case of any other offence, a fine not exceeding one hundred dollars. In addition to which any licence held un ler this Ordinance by the offender may be forfeited : 31. All penalties for offences against this Ordinance may be recovered Recovery of penalties . in a summary way before a Police Magistrate . 32. The following Ordinances or parts of Ordinances and all rules Repeals. made thereunder are repealed 14 of 1845. Section 11 . 9 of 1858. 5 of 1867. 9 of 1867. Sections 11 and 12 . 3 of 1878 . 19 of 1885 . but such repeal shall not affect anything lawfully done or commenced to be done under the said Ordinances, nor revive any Ordinance repealed by them. 33. This Ordinance shall come into force on a day to be named by the Governor. SCHEDULES. A. Cattle diseases .- Bye-laws. 1. All cattle and sheep imported into the Colony by water shall be landed either Cattle landing wharves and at the cattle wharf at Kennedy Town, the wharf of the Hongkong and Macao Steam time oflanding. boat Company, and the wharf commonly used by the China Steam Navigation Company, at Praya Central, the Hongkong Kowloon Wharf and Godown Company's Pier at Praya West , the Dairy Farm Company's wharf at Pok- fu-lam, or the Police Station wharf at Yaumáti, letween the hours of 6 o'clock and 11 o'clock in the morning or between the hours of 2 o'clock and 6 o'clock in the evening. 2142 ORDINANCE No. 17 OF 1887. Cattle Diseases, Slaughter-Houses, and Markets. Importation of 2. All cattle and sheep imported into the Colony by land shall be driven direct to cattle and sheep by land. the cattle market at the village of Yaumáti, and their arrival reported forthwith at the Yaumáti Police Station. Cattle and sheep 3. All cattle and sheep imported into the Colony shall be forthwith inspected and to be inspected on importation. duly marked by an inspector of live -stock, and any animal which he finds to be diseased Diseased animals to be segregated. or which he may suspect to be suffering from disease shall be placed in segregation and under observation at the depôts set apart for the purpose at Kennedy Town and Yaumáti. Segregation of 4. An inspector of live-stock, shall in every instance, with all practicable speed, animals to be reported to report to the Sanitary Board the whole of the ascertainable particulars concerning the Sanitary Board. animals he places in segregation. Keep of 5. The owner of each animal placed in segregation shall pay five cents per day for segregated animals . the keep of such animal until it is either passed as being free from disease or destroyed. Slaughter of 6. If it appears to the Sanitary Board that an animal placed in segregation is animal suffering from disease and disposal of suffering from a dangerously infectious disease, it shall cause such animal to be forth carcase. with slaughtered and the carcase thereof shall be disposed of in such manner as the Board may deem fit. Slaughtering of 7. If it appears to the Sanitary Board that any animal has been in contact or in animal that has been in contact with diseased the same herd with animals suffering from disease, it may at discretion cause such animal. animal to be slaughtered and the carcase thereof shall be disposed of in such manner as the Board may deem fit. Carcases 8. The carcase of any animal slaughtered under the provisions of rules 6 and 7 property of the Government. shall be the exclusive property of the Government. Importation 9. No person shall knowingly bring into the Colony any animal suffering from of diseased animals disease . prohibited. Inspection fees. 10. Such fee as may be from time to time be determined by the Governor in Council will be charged for each head of cattle and for each head of sheep imported into the Colony . Inspection of 11. An inspector of live- stock shall visit, at such times as the Sanitary Board may cattle, sheep and swine depôts. direct, all places where cattle , sheep and swine are kept and inspect the animals there, and he shall immediately report to the Sanitary Beard all cases of disease which he may detect during such inspection. Places to be 12. Where it appears to the Sanitary Board that disease exists or has within 56 declared infected . days existed in any place where cattle, sheep , or swine are kept , the Board may declare such place to be infected and take such steps to prevent the spread of disease as it deems necessary . Removal of 13. When a place has been declared to be infected a placard shall be posted. animals or articles from there to that effect and the removal therefrom , without the sanction of the Sanitary infected areas prohibited. Board, of any animal , carcase, fodder, litter, utensil or other thing therein is pro hibited.  ORDINANCE No. 17 OF 1887. 2143 Cattle Diseases, Slaughter- Houses, and Markets. 14. Every person baving in his premises or under his charge an animal affected Diseased anin als to be reported. with disease shall, with all practicable speed , report the same to the officer in charge of the nearest Police Station. 15. The Police shall forthwith report to the Sanitary Board all cases of animal De. disease coming under their notice. 16. The digging up of a carcase of an animal which has been buried is prohibited . Digging up of carcases prohibited. 17. The Sanitary Board shall cause all places where a discased animal has been Disinfection of infected places. kept to be cleansed and disinfected in such manner as it deems fit at the public expense. (B.) Slaughter-houses. - Bye-laws. 1. An inspector of live stock shall carefully examine every animal about to be slaughtered in Inspection of animals about to any of the slaughter-houses and if he finds the animal healthy and in good condition he shall mark it be slaughtered. as being fit for slaughtering for human food . [ Revoked by additional Bye-law 21st May, 1890.] 2. No cattle or sheep shall be admitted into the slaughter-houses except those that have been Admission ofcattle and sheep to marked within the previous twenty-four hours by an inspector of live stock as being fit for slaughtering slaughter house. for human food . [ Revoked by additional Bye-law 21st May, 1890.] 3. No swine shall be slaughtered in the slaughter-houses except those that have been marked Slaughtering of swine. within the previous twenty-four hours by an inspector of live stock as being fit for slaughtering for human food. [ Revoked by additional Bye-law 21st May, 1890.] 4. The lessee of the privilege of slaughtering animals, shall provide all persons Providing slaughter men necessary for the purpose of slaughtering animals and dressing the carcases thereof, and hot water. together with a sufficient supply of hot water, and shall have the same in readiness at all times for the service of persons making use of the slaughter-houses. 5. The lessee of the privilege of slaughtering animals, shall at all times allow any Charges for slaughtering. person to slaughter any animal or dress any carcase for sale on payment to him of a fee not exceeding twenty cents for cach animal weighing less than one picul or forty cents for each animal weighing more, besides the blood of such animal, which the lessee may retain . 6. The weight of each animal for the purposes of the preceding rule shall be Weight of animals. ascertained before it is slaughtered. 7. Each slaughter-house shall be provided with a hanging shed, in which the Hanging sheds and carriage of carcase of every animal slaughtered shall be hung as soon as it is dressed . Such meat. carcases sball continue hanging in such shed until they are removed to the markets, which removal shall be by means of a wheeled and covered vehicle or in a boat in either of which the carcases can be hung, and not otherwise. 2144 ORDINANCE No. 17 OF 1887 . Cattle Diseases, Slaughter- Houses, and Markets. Ventilation and 8. The lessee of the privilege of slaughtering animals shall cause the meaus of drainage of slaughter houses. ventilation and drainage provided in or in connexion with the public slaughter-houses in the Colony to be kept, at all times , in proper and efficient action . Water supply 9. The lessee of the privilege of slaughtering animals shall cause the means of of slaughter houses. water-supply provided in or in connexion with the slaughter- houses in the Colony to be kept, at all times, in proper order. Removalofblood, 10. The lessee of the privilege of slaughtering animals shall provide a sufficient fith, etc., in proper recepta cles. number of vessels or receptacles, properly constructed of some non-absorbent material, and furnished with closely fitting covers, for the purpose of receiving and conveying from the slaughter-houses of the Colony all blood , manure, garbage, filth , or other refuse products of the slaughtering of animals, or the dressing of any carcase therein. He shall forthwith upon the completion of the slaughtering of animals or the dressing of any carcase in the slaughter-houses of the Colony cause such blood , manure, garbage, filth, or other refuse products to be collected and deposited in such vessels or receptacles, and he shall cause all the contents of such vessels or receptacles to be removed from the slaughter-houses at least once in every twenty - four hours. He shall cause every such vessel or receptacle to be thoroughly cleansed immediately after such vessel or receptacle shall have been used for such collection and removal , and shall cause every such vessel or receptacle when not in actual use to be kept thoroughly clean. Providing and 11. The lessee of the privilege of slaughtering animals shall provide the proper cleansing of slanghter-house appliances. instruments, appliances, and utensils required for the purpose of slaughtering and he shall cause all such articles to be thoroughly cleansed immediately after the completion of the process of slaughtering in which they have been used , and he shall also cause every such utensil when not in actual use to be kept thoroughly clean . Cleansing of 12. The lessee of the privilege of slaughtering animals shall cause every part ofthe Slaughter houses. internal surface of the walls and every part of the floors of the slaughter-houses in the Colony to be kept, at all times, in good order and repair, so as to prevent the absorp tion therein of any blood or liquid refuse or filth which may be spilled or splashed thereon, or any offensive or noxious matter which may be deposited thereon or brought in contact therewith. He shall cause every part of the internal surface of the slaughter houses above the floor to be either thoroughly washed with hot lime-wash or tarred , at least, four times in every year. He shall cause every part of the floors of such slaughter-houses, and every part of the internal surface of every wall on which any blood or liquid refuse or filth may have been spilled or splashed , or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing in such slaughter-houses, to be thoroughly washed and cleansed within three hours after the completion of such slaughtering or dressing. Removalof bi les, 13. The lessee of the privilege of slaughtering animals shall cause the hide or skins, fat, &c. skin, fat, and offal of every animal slaughtered in the slaughter-houses of the Colony to be removed therefrom within twenty-four hours after the completion of the slaughtering of such anima!.  ORDINANCE No. 17 OF 1887. 2145 Cattle Diseases, Slaughter-Houses, and Markets. 14. The lessee of the privilege of slaughtering animals shall not at any time keep Dogs in slaagh ter-houses any dog or cause any dog to be kept in any of the slaughter-houses of the Colony. He prohibited. shall not at any time keep, or cause, or suffer to be kept in any of the slaughter-houses any animal of which the flesh may be used for the food of man, unless such animal be Keeping of animals in so kept in preparation for the slaughtering thereof upon the premises, and he shall not slaughter-houses prohibited except under keep such animal or cause or suffer such animal to be kept in any of the slaughter certain conditions. houses for a longer period than may be necessary for the purpose of preparing such animal for the process of slaughtering. He shall cause all animals kept in preparation for slaughtering to be confined in the stalls , pens, or lairs provided on the premises for this purpose . 15. The lessee of the privilege of slaughtering animals shall cause every animal Animals in slaughter-houses to be supplied brought to any of the slaughter-houses in the Colony, and confined in any stall, pen , with water. or lair upon the premises previous to being slaughtered , to be provided during such confinement with a sufficient quantity of wholesome water. 16. Animals confined in the stalls, lairs, or pens attached to the slaughter-houses Space allotted for animals. shall have at least the following space allotted to them , viz.: Every ox or cow (8 feet by 2 feet) 16 superficial feet. Every sheep or pig (4 feet by 1 foot) 4 superficial feet. C Form of Market Register. Market Shop No. entry y Date Date entr Name Term Sigature of lessee or For the Monthly of of Seal. of Remarks. of . . tenant. sale of rent. lessee. lease. D. Markets.-Bye-Laws. 1. Market buildings shall be classified and set apart by the Sanitary Board for Classification of buildings. the sale of meat, fowls , fish, fruit , vegetables, and such other perishable goods. 2146 ORDINANCE No. 17 CF 1887 . Cattle Diseases, Slaughter- Houses, and Markets. Numbering. 2. The Surveyor General shall cause all market buildings to be numbered . Register to be 3. A register of all market buildings shall be kept by the Registrar General in kept. the form of schedule C to this Ordinance. Every entry in such register shall be primâ facie evidence of the facts therein appearing. Manner ofletting 4. The Registrar General shall cause to be conspicuously exhibited on a notice vacant buildings. board in each market a list of all market buildings let by the month, and of those shortly to become vacant, and notice shall, in the case of buildings about to become vacant, be exhibited at least three weeks before the vacancy and a time fixed for the reception of tenders. Hours during 5. Every market shall be open to the public from 4 A. M. till 8 P.M. each day. which markets are open. Signboards. 6. Every occupied stall shall have a sign-board in front showing in full, both in English and Chinese, the name of the stall -holder. Obstructing 7. The sign boards and blinds of every market building shall be so arranged as thoroughfares. not to obstruct any thoroughfare in such market, and no lessee of any market building shall permanently place or store any goods outside such market building, or allow them to project beyond it. Conveyance of 8. No person shall make use of any avenue or thoroughfare of any market for merchandise. the conveyance of merchandise not intenlel for sale or exposure for sale in such market. Regulating sales. 9. No person shall sell, offer or expose for sale any article in any part of the market other than the part thereof which is appropriated for the sale of such article. Regulating sales. 10. No sales within any market shall be carried on except in a market building. Hawking 11. No person shall hawk or cry any article whatever for sale in any market. prohibited . Cleansing of 12. Every holder of a market building shall cause his building to be properly stalls. cleansed immediately before the reception, deposit or exposure for sale therein or thereon and immediately after the removal therefrom of any marketable commodities or articles . Butchers' stalls. 13. Every butcher and dealer in flesh meat shall thoroughly wash and cleanse his stall, block, stall-board and any fittings or utensils belonging thereto at least once a day. Sale of flesh 14. No flesh meat other than that which has been slaughtered in the slaughter meat. houses of the Colony shall be exposed for sale in any market till it has been inspected. by an inspector of markets and marked by him as being fit for human food. Sale ofimported 15. Every butcher and dealer in flesh meat who exposes for sale flesh meat which flesh meat. has not been slaughtered in the slaughter-houses of the Colony, shall put up a notice on the front of his stall in English and Chinese stating the place from whence such flesh meat was imported , and the letters and characters of such notice shall be at least one and a half inches long.  ORDINANCE No. 17 OF 1887. 2147 Cattle Diseases, Slaughter- Houses, and Markets. 16. An inspector of markets shall make a weekly return showing the weight of Return of dead meat imported. fresh flesh meat imported into the Colony during the week, and such return will be published in the Government Gazette . 17. No person shall cleave any carcase or part of a carcase elsewhere than upon a Cleaning of carcase. cleaving block or chopping board or upon the hooks provided for the purpose . 18. Every fishmonger shall thoroughly wash and cleanse his stall and any fittings Fishmongers" stalls. and utensils belonging thereto at least once a day . 19. Every poulterer shall thoroughly cleanse his stall, pens, and any fittings Poulterer's stalls. belonging thereto at least once a day. 20. No person shall pluck or clean any poultry or game except in the places Cleaning poultry. appropriated for the purpose. 21. Every stall-holder shall provide himself with a portable dust- bin in accordance Portable dust-bins. with one or other of the patterns on view in the markets . 22. Every stall- holder shall cause all dust, garbage and solid refuse of any kind Disposal of waste and refuse. which may be produced or may accumulate in the course of his business or in the cleaning of poultry or fish to be immediately placed in his portable dust-bin , and he shall, as often as may be necessary, but never less than once a day , cause such dust- bin to be removed, emptied , and cleansed at the place set apart for the reception of dust and garbage. 23. No stall-holder shall suffer any garbage or refuse to remain or be under or Cleanliness of stalls. about his stall and he shall keep the avenue or passage in front thereof in a cleanly condition . 24. No person shall throw any vegetable substance, offal, garbage, or offensive Cleanliness of thoroughfares. matter or thing on to any market avenue or thoroughfare. 25. The market avenues or thoroughfares shall be thoroughly cleansed by public Scavenging. scavengers as often as required but never less than three times every day. 26. No stall-holder shall keep any dog in any market, nor shall any person Dogs in markets prohibited. knowingly permit any dog to follow him into a market. 27. A sufficient number of inspectors of Police and constables shall be detached Maintenance of order. from the Police Department by the Captain Superintendent of Police for the mainte nance of order in the markets, and shall be subject to such control as may be ordered by the Governor in Council. 28. Copies of the market bye-laws shall be at all times posted in conspicuous Posting of bye-laws. positions in the markets . [In force from 7th May, 1888, by proclamation of the 5th May, 1888. ] 2148 ORDINANCE No. 17 OF 1887. Cattle Diseases, Slaughter- Houses, and Markets. Order made by the Governor in Council under sec. 16 of" The Cattle Diseases, Slaughter-Houses, and Markets Ordinance, 1887," the 8th and gazetted the 19th January, 1889. The premises situated at Hunghom, Kowloon, known as The Hunghom Market shall be, and the same are hereby established, a market within the meaning of section 16 of The Cattle Diseases, Slaughter Houses, and Markets Ordinance, 1887. 66 Orders made by the Governor in Council under the provisions of “ The Cattle Diseases, Slaughter- Houses, and Markets Ordinance, 1887," (No. 17 of 1887), the 13th and gazetted 22nd June, 1889. 1. The bye-laws contained in schedule A to The Cattle Diseases, Slaughter-Houses, and Markets Ordinance, 1887, ale hereby varied by substituting for the words " cattle and sheep " wherever found in the said bye-laws the word " animals.” 2. The 11th bye-law in the said schedule is hereby varied by substituting for the words " cattle, sheep and swine " the word " animals," and by substituting for the words " the animals there " the word "them ." 3. The 12th bye-law in the said schedule is bereby amended by substituting for the words " cattle, sheep, or swine " the word " animals." Conditions of Slaughter-houses farm or contract approved by the Governor in Council the 16th and gazetted 21st December, 1889. (Ordinance No. 17 of 1887.) 1. The lessee or contractor shall be bound by the provisions of The Cattle Diseases, Slaughter-houses, and Markets Ordinance, 1887, relating to slaughter-houses and also by the bye-laws made thereunder. 2. The lessee or contractor shall not permit any person to live or sleep in any of the slaughter-houses except with the written permission of the Sanitary Board. 3. The lessee or contractor shall at all times see that his servants carry out their work in an orderly manner and that no unnecessary noise is created by them in the performance of their work. 4. His Excellency the Governor reserves to himself the exclusive right of can celling the lease or contract, without giving previous notice to the lessee or contractor, at any time upon the Governor's receiving a report from the Sanitary Board to the effect that the said lessee or contractor is not fulfilling the whole or any part or clause of his lease or contract, and that it is for the public interest that his lease or contract should be cancelled.  ORDINANCE No. 17 OF 1887 . 2149 Cattle Diseases, Slaughter- Houses, and Markets. Conditions of Cattle Depôt Farm or contract approved by the Governor in Council the 16th and gazetted the 21st December, 1889. (Ordinance No. 17 of 1887.) 1. The lessee or contractor shall be entitled to the use and occupation of the whole of the present cattle depôt including the coolie quarters attached to it . 2. The lessee or contractor shall be entitled to a fee not exceeding 2 cents for each head of cattle that enters the depôt , and a fee not exceeding 2 cents for every day that such animal shall remain in the depôt not including the day of entry. 3. Except in cases of emergency and with written permission from the Sanitary Board, no more cattle shall be admitted into the depôt than can be accommodated in the stalls set apart for their reception . 4. The lessee or contractor shall have at all times a responsible person in charge of the depôt and of the animals housed therein . 5. The lessee or contractor shall cause the depôt to be thoroughly cleansed twice a day in such manner and at such times as the Sanitary Board may direct. 6. The lessee or contractor shall cause all animal manure and other refuse matters to be deposited in the bins set apart for the purpose. 7. All the manure collected in the depôt shall be the property of and will be removed daily by the Government. 8. The lessee or contractor shall at once report to the inspector of live stock and markets any breach of the law regulating the importation of cattle and also any case of cattle disease which may come to his knowledge. 9. The lessee or contractor shall keep the depôt including the coolie quarters attached to it at all times in a cleanly condition. Conditions and manner ofletting of market buildings under section 18 of Ordinance No. 17 of 1887, approved by the Governor in Council, the 21st May, and gazetted 7th June, 1890. 1. All market buildings shall be let without fine or premium either from month to month or for a term of years for such reut as shall appear to the Registrar General just and reasonable. Appeals from the Registrar General's decision shall be decided by the Governor in Council. 2. If the letting is from month to month, a month's notice of its discontinuance shall be given either by the Registrar General or the lessee as the case may be. 3. If the letting is for a year or more, no notice of the expiration of the term shall be necessary . 2150 ORDINANCES Nos. 17 AND 18 OF 1887. Cattle Diseases, Slaughter- Houses, and Markets. Jury Consolidation . 4. No market building shall be let for any term exceeding 5 years without the approval of the Governor. 5. All rents of market buildings shall be paid to the Registrar General in advance within the first seven days of each month . 6. No lessee of any market building shall , without the lessor's consent in writing, use such building for any purpose other than that for which it is let, nor shall he assign , underlet, or part with the possession of such building , nor in any way alter or add to it, or suffer it to fall into disrepair. 7. Any breach of regulations 5 or 6 shall render the lessee liable to the forfeiture of his lease. Additional bye-law made by the Governor in Council under the provisions of section 15 of Ordinance No. 17 of 1887, the 21st May, and gazetted 7th June, 1890. Bye-laws 1 , 2 , and 3 in schedule B to Ordinance No. 17 of 1887, are hereby revoked and in lieu thereof, the following bye-law shall be substituted : " No sheep or cattle shall be slaughtered for human food in any of the slaughter " houses unless bearing an official mark showing their fitness for such purpose." NOTE.- An order in Council was made on the 29th July, 1887, suspending the bye-laws for slaughter-houses set forth in schedule B to the Ordinance : see Gazette 30th July, 1887, but as the Ordinance did not come into force until the 7th July, 1888, it would appear to be invalid. No. 18 of 1887. An Ordinance to amend and consolidate the Law relating to Jurors. [ 1st June, 1887. ] E it enacted by the Governor of Hongkong , with the advice of the BE Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Jury Consolida tion Ordinance, 1887. Repeals. 2. The Ordinances or parts thercof mentioned in the schedule hereto are hereby repealed , but such repeal shall not affect anything done or suffered thereunder nor any past operation thereof.  ORDINANCE No. 18 OF 1887. 2151 Jury Consolidation . 3. In all civil and criminal trials and in all enquiries into the idiotcy, Number of jurors on trial, &c. lunacy, or unsoundness of mind of any person the jury ( if any ) shall , [No. 11 of except where otherwise specially provided , consist of seven men . 1864, sec. 2. ] 4. Every male person between the ages of twenty - one and sixty Qualification and exemp years, being of sound mind , and not afflicted with deafness , blindness , or tions [ No. 11 of 1864. s. 4.] other such infirmity , who shall be a good and sufficient person resident within the Colony, shall be qualified and liable to serve as a juror, subject to the exceptions hereinafter provided . 5. The persons hereinafter mentioned shall not be or be deemed Exemptions from serving liable to serve as jurors. as jurors. (a . ) Members of Council . (b . ) All persons holding any office or situation of emolument under the Crown. (c. ) Salaried functionaries of Foreign Governments not carrying on business. (d. ) Barristers -at-law , solicitors in actual practice and their clerks . ( e. ) Medical practitioners and surgeons registered under The Medical Registration Ordinance No. 6 of 1884, and dentists . (f. ) Editors of daily newspapers in the Colony and their staff. (g. ) Chemists and druggists actually carrying on business as such. (h. ) Clergymen of the Church of England , Roman Catholic priests and ministers of any congregation of protestant dissenters or ofjews , and schoolmasters. (i ) Officers employed on full pay in the Military or Nava[ Service of Her Majesty . (j. ) Masters of steamers and local pilots . (k . ) Persons ignorant of the English language. 6. If any person shall be summoned as a juror who shall under the Exemption or want of quali terms of the preceding sections , be exempt from service or who shall not fication to be a ground of be qualified to serve as a juror or who having been summoned as a special challenge but not of juror shall not be qualified to serve as such, such exemption or want of avoiding trial. qualification shall be a good cause of challenge and the person so sum 2152 ORDINANCE No. 18 OF 1887. Jury Consolidation. moned shall be discharged upon such challenge or upon his own applica tion , if the Court shall be satisfied of the fact and shall so direct ; but not such exemption or want of qualification , if not submitted to the Court before such person is sworn , shall afterwards be accepted as a ground for impeaching any verdict given by the jury on which he has served . Names forand mode of 7. Every person shall , for the purpose of enabling the Registrar of obtaining the Supreme Court to complete the list of jurors hereinafter referred to , jury list. [No. 24 of on demand by such Registrar or some person duly authorised by him , 1882. s. 2.] forward to such Registrar in writing within the time specified in the said demand, his name and surnames at full length together with his profes sion , business or occupation and place of abode , under penalty for refusing or neglecting so to do of a sum not exceeding one hundred dollars , on conviction before a Magistrate . Formation of 8. The Registrar shall, on or before the first day of February in lists of common each year, make a list in alphabetical order of all persons ascertained by and special jurors . him to be liable to serve as jurors , setting forth the name and surnames [No. 24 of 1882. s.s. 4 & of each at full length, together with his profession , business , or occupa 17.1 tion and place of abode, and shall cause a copy of such list to be posted for the term of one fortnight at the chief entrance to the Court . And any person may apply by notice in writing to the Registrar requiring that his name or the name 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 as may be so served on him, to the clerk of the Legislative Council. The Council may strike off from or add to such list, such name or names or any other name or names , as to the said Council may appear fit, and shall mark off, not less than twenty-four of the names contained in the list, and such names shall be formed into a separate list which shall be desig nated the Special Jurors List, and all other names contained in the said list shall be marked off in a separate list and be designated the Commoiz Jurors List. List to be 9. The said list when finally settled shall be returned to the Regis - returned to the Registrar. trar 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  ORDINANCE No. 18 OF 1887 . 2153 Jury Consolidation . 10. When the jury lists shall be completed and returned to the Formation of special and Registrar, he shall cause the names of the special and common jurors common jurors. to be written on separate cards of equal size and placed in separate boxes [No. 11 of 1864, s. 12. to be called the Special Jurors Ballot Box and the Common Jurors Ballot No. 7 of 1868, s. 1, No. 24 of Bor ; which boxes shall be kept locked . 1882. s. 7. ] 11. Whenever it shall be requisite to summons a common jury, Panel ofcom mon jurors. a Deputy Registrar shall, in the presence of the Registrar, open and draw from the Common Jurors Ballot Box eighteen names in civil cases , and thirty names in criminal cases to form a panel and the cards, with the names of those who shall have served in civil cases, and who shall have been summoned in criminal cases so drawn, shall be locked up in a sepa rate box until all the names in the ballot box shall be exhausted by subsequent panels , when all the names of the jurors on the common jurors list shall be returned to the Common Jurors Ballot Box, if required , for the purposes of the current year, and in such case the names shall again be redrawn in manner aforesaid . Provided always that whenever from any cause the jurors drawn cannot be served it shall be lawful for the Regis trar to re- open the ballot box , and draw fresh names therefrom as often as may be necessary to secure the full number of thirty jurors at the criminal sessions . 12. Whenever it shall be necessary to summon a special jury, such Formation of panel of jury shall be drawn in the manner hereinbefore provided for obtaining a special jurors. [No. 11 of common jury with this exception that in civil cases the number to be 1864, s. 17.] drawn from the ballot box in the first instance shall be twenty-four, and in criminal cases twelve. 13. If either the plaintiff or the defendant in any suit or action , shall Special jury in civil suits. be desirous of having such suit or action tried by a special jury, it shall [No. 11 of 1864, s. 17. ] be lawful for the Court or a Judge thereof to order and appoint a special jury to be drawn by the Registrar in the manner hereinbefore provided ; and in such cases the parties shall appear before the Registrar on a day fixed by him , and a Deputy Registrar shall then in presence of the said Registrar and of the parties draw from the Special Jurors Ballot Box the requisite number of names . The Registrar shall then appoint a day for striking the said jury ; on the day so appointed the parties shall attend and shall each alternately strike off one name till the said list is reduced to twelve ; the names of the twelve struck off shall be replaced in the ballot box, and the remaining twelve shall be the special jury panel . 2154 ORDINANCE No. 18 OF 1887. Jury Consolidation . Provided that the party applying for such special jury, and who shall have obtained a rule or order of the Court for that purpose, shall, when the cause is set down in the general hearing list, deposit with the Regis trar or other officer of the Court , a sum sufficient to cover the expenses of the special jury , otherwise the rule or order of such Court or Judge to be of no effect . Certain names to be 14. In forming any panel the Registrar shall pass over the names passed over. of all persons who are dead or absent from the Colony, but shall return to the Special Jurors Ballot Box or Common Jurors Ballot Box (as the case may require ) the names of any temporary absentees which may be drawn. Summoning 15. The Registrar shall, before the sitting of any Court whereat juries. [ No. 11 of 1864, s. 13, either a common or special jury shall be necessary, issue summonses No. 24 of 1882, s. 8. ] according to the form in the schedule B hereto , requiring the attendance thereat of the persons drawn from the ballot box, and every such sum mons shall be personally served upon , or left at the usual place of abode. of the person so summoned two clear days before the day appointed for the sitting of the Court . General list. 16. The Registrar shall cause a list containing the names , places of [No. 24 of Ï882. s. 9 , No. abode and additions of the persons so summoned , to be made out as soon 8 of 1872. s. 2. ] as conveniently may be after the summonses have been served . Special jury 17. In all informations for criminal offences it shall be lawful for in criminal cases, the Attorney General acting on behalf of the Crown by written notice to No. 8of 1872. s. 1.) the Registrar, or for any Judge of the Court upon the application of any private prosecutor or upon the application of any prisoner or accused against whom an information has been filed , to order a special jury to be summoned for the trial of any case. Upon the receipt of such notice or upon any such order being made the Registrar shall forthwith proceed to form the panel of such jurors , and to summon them in manner herein before provided . Ballot for 18. At the sitting of the Court the names of all the jurors summoned juries. [No. 11 of whether special or common shall be written on separate cards of equal 1864, s. 16.] size and put into a box , and the Registrar, or clerk of the Court shall, in open Court, draw therefrom until a jury is obtained . Keeping jury 19. After the jury shall have been sworn or charged with any together. [No. 8 of 1872, s. prisoner or accused they shall be kept in some convenient place in Court 45.] apart by themselves , retirement of individual jurors for personal purposes  ORDINANCE No. 18 OF 1887. 2155 Jury Consolidation . only excepted, and then in charge of an officer of the Court, until the Judge has summed up the evidence, and has left the case with the jury. Provided that in case and as often as the Court shall adjourn before the case shall have been so left with the jury, then such jury may if the Judge shall so direct , be removed in charge of an officer of the Court to some convenient place there to take refreshment at their own expense and rest until the Court shall reassemble, and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Judge. If after the case shall have been so left to the jury, and such jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by such officer of the Court in some convenient place apart by themselves, but they shall be allowed reasonable refreshment at their own expense with power also to retire alone only for personal purposes, until they are agreed upon their verdict, or be discharged therefrom by the Court ; and the officer shall be sworn that he will suffer none to have access to them, or speak to them himself except to ask whether they are agreed upon their verdict or to communicate between them and the Court. Provided always that it shall be in the discretion of the Judge in all cases to dispense with any of the foregoing provisions , and in the event of any adjournment to direct thejury to be removed to some convenient place in the vicinity of the Court during such adjournment under the charge of the proper officer of the Court or to allow the jury to separate for such time and subject to such conditions as to the Judge may seem fit. 20. The names of the persons drawn as jurors shall be marked on As to new jury for new the list provided for in section 16 ; and the cards with such names shall cases. [No. 11 of be kept apart by themselves until all the cards in the box shall have been 1864, s. 21. ] drawn. Provided always , that if any case shall be brought on to be tried before the jury in any other case shall have brought in their verdict , it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for the trial of the case which shall be so brought on to be tried . Provided also , that where no objection shall be made on behalf of the plaintiff or prosecutor, or on behalf of the defendant or prisoner, or accused , it shall be lawful for the Court to try any case with the same jury that shall have previously tried , or been drawn to try any other case, or to order the name of any person on such jury, whom both parties may consent to withdraw or who may be justly challenged or excused by the Court, to be set aside and another name to be drawn from 2156 ORDINANCE No. 18 OF 1887. Jury Consolidation. the box, and to try the case with the residue of such original jury, and with such person or persons whose name or names shall be so drawn and who shall appear . Power of 21. Whenever the jury in a criminal case, shall not be unanimous Judge to lirect jury to in their verdict, it shall be lawful for the Judge to direct them to with withdraw to consider their draw from the Court room for the purpose of considering their verdict verdict when not unani in private . mous. Verdicts of 22. In the event of any of the jurors dissenting from the residue, majorityto be verdict of the jury shall retire to consider their verdict and after reasonable consulta jury unless in capital cases tion the verdict of a majority shall be held and deemed to all intents and where unanimity is purposes to be the verdict of the jury . Provided always, that if any requisite. No. 11 of person be arraigned for any offence visited by the law with capital punish 1864, s. 3. ] ment, then and in such case the jury must be unanimous in their verdict of guilty or not guilty but if such majority should find such person guilty of a less crime than the capital one , then the finding of the majority shall be the verdict, and sentence shall follow accordingly : And if in any case it may for any cause seem to be desirable to the Judge, he may direct the jury to further consider their verdict. Provision in 23. In the event of the death, illness , or default of attendance of any case of death disability or one or two of the jurors during the trial of any suit , action , or informa non-attend ance of juror. tion , it shall be lawful for the Court, in its discretion to order the trial of [ No. 11 of 1864, s. 24. ] such suit, action , or information , to be proceeded with in like manner as if the full number ofjurors had continued to serve on the jury , and any verdict returned by the remaining jurors , or by a majority, shall be of equal validity and have the same force and effect as if it had been returned by a jury consisting of the full number of seven jurors. Provided always , that in capital cases the jury shall not consist of less than seven men . Provided also that it shall be lawful for the Court, instead of proceeding with the trial with the remaining jurors , to cause a new jury to be empanelled , sworn and if necessary charged with any prisoner or accused : and the suit, action , or information shall be tried as if such first jury had not been empanelled . • Verdict how 24. The verdict of the jury shall in all cases be given by the fore given. [No. 11 of man, in open Court, and in the presence of all the jury, and if in a 1864, s. 26. ] criminal proceeding in the presence of the prisoner, and shall thereupon be recorded by the Registrar ; and the Registrar shall , before taking the verdict, ask if they are all or by what majority agreed thereon , and  ORDINANCE No. 18 of 1887. 2157 Jury Consolidation. whether they find for the plaintiff or for the defendant, and in the case of a prisoner or accused whether they find such prisoner or accused Guilty or Not Guilty ; and the jurys hall either pronounce a general verdict for the plaintiff or defendant, or of Guilty or Not Guilty, or else shall return a special verdict finding the facts of the case. Provided always , that the jury may acquit any prisoner or accused of a part of the charge against him , and find him guilty of the remainder . 25. Whenever the jury in any case has withdrawn, and been kept In case jury cannot agree apart for the purpose of considering their verdict, and shall not have upon verdict . [No. 11 of returned the same before all the other cases for trial at the same sittings 1864, s . 25. ] or sessions shall have been disposed of, and when it shall sufficiently appear to the Court that the said jury cannot agree upon a verdict , and that there is not such a majority as aforesaid agreeing, the Court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any prisoner or accused , and the suit or action , F or information shall be tried as if such first jury had not been empanelled . 26. Nothing herein contained shall prevent the Court from exempt Power to the Court to ing in its discretion any person or persons from serving, as a juror on exempt jurors. [No. 11 of any trial, or from removing their names from the list of jurors , on cause 1864 , s. 18. ] being shown for so doing. 27. No person who shall be put upon his trial either for treason , No challenge felony, or misdemeanour, shall be allowed to challenge any of the jurors cause. [ No.11 of except for cause . 1864 , s. 19. ] 28. Whenever there shall be a deficiency of jurors , it shall be law Talesman. [No. 11 of ful for the Court , at the prayer of either of the parties in the suit or action 1864, s. 20.] or of the prosecutor, prisoner or accused , to put upon the jury so many good and lawful men of the by - standers or others who can be speedily procured , as shall be sufficient to make up the full number thereof. 29. The remuneration of special jurors in civil cases shall be ten Remunera dollars each for every trial . In criminal cases special jurors shall not be tion of special jurors. [No. 8 of 1872.. entitled to any remuneration . Provided always that the Judge upon the s. 3.] application for a special jury by the prisoner or accused may order such special jury to be remunerated as in civil cases and that such prisoner or accused deposit with the Registrar or other officer of the Court a sum sufficient to cover the expenses of such special jury ; otherwise such order to be of no effect. 2158 ORDINANCE No. 18 OF 1887 . Jury Consolidation . Non-attend 30. If any juror having been duly served with a summons , in ance of jurors. [No. 11 of accordance with the provisions in that behalf hereinbefore contained shall 1864, s. 15. ] fail to attend, or being present shall not appear when called, or after appearance shall withdraw himself without the permission of the Judge, the Judge shall , unless some reasonable excuse be proved on oath or affidavit or otherwise to his satisfaction , set upon the person so making default such fine, not exceeding the sum of one hundred dollars, as to the Judge shall seem meet. Fines levying . 31. All fines imposed under the provisions of this Ordinance shall [No. 11 of 1864. ss. 6 be levied in such manner as the Court or any Judge thereof may direct, and 7. ] and when levied shall be paid to the Registrar and accounted for by him to the Colonial Treasurer. Inspection 32. On the trial of any civil or criminal case either party or the by jury. No. 3 of prosecutor or prisoner accused or defendant shall be at liberty to apply 1865, s. 31.] to the Court for a rule or order for the inspection by the jury of any property the inspection of which may be material to the proper determi nation of the proceedings in question , and it shall be lawful for the Court if it think fit to make such rule or order upon such terms as to adjourn ment, costs and otherwise as such Court may direct . Jurors in 33. In all enquiries into the idiotcy , lunacy or unsoundness of mind lunacy cases. of any person, any issue determinable by the verdict of a jury shall be tried by a special or common jury as the Judge may direct and such jury shall be constituted in the same manner in all respects as to the number and qualification of the jury and be summoned in the same manner and serve under the same conditions in every particular as if such jury had been empanelled for the trial of any ordinary issue in the Supreme Court. Provided that in all cases the alleged idiot, lunatic, or person of unsound mind shall have a right to have the issue determined if he so desire by a special jury. Application 34. In cases not provided for by this Ordinance, Ordin the law for the of law of England in time being in force in England relating to jurors and juries , shall, in so cases not provided for far as the same does not conflict with the provisions of this Ordinance, by this Ordinance. have force and effect within the Colony : but nothing in this section contained shall be deemed to relate to jurors or juries on Coroner's inquests .  ORDINANCES Nos . 18 AND 19 OF 1887. 2159 Jury Consolidation . Rhenish Mission.. SCHEDULES. A. List of Repeals. No. 11 of 1864 all unrepealed except sections 27 and 28. No. 7 of 1868 section 1. No. 6 of 1872 All. No. 24 of 1882 All . B. MR. A. B. You are hereby summoned to appear as a juror (or special juror) at the Supreme Form of summons to Court to be holden at in this Colony on the day of jurors. next at the hour of o'clock in the forenoon, and there to attend from day to day until you shall be discharged from the Court. (Signed) C. D. , Registrar. N.B. - The penalty for disobedience hereto is any sum not exceeding one hundred dollars. No. 19 of 1887. An Ordinance to enable the Trustees of The Rhenish Missionary Society to sell and dispose of certain Leasehold property within the Colony of Hongkong. [ 31st May, 1887. ] Pre umble. WHEREAS by an Indenture of Crown Lease, dated the 21st day of February, 1877 , and made between Her Most Gracious Majesty Queen VICTORIA of the one part, and CHRISTIAN WILHELM LOUIS and WILHELM HEINRICH DILTHEY as trustees of the Rhenish Missionary Society of the other part, for the considerations in the said Lease men tioned Her said Majesty demised , leased , and to farm let unto the said CHRISTIAN WILHELM LOUIS and WILHELM HEINRICH DILTHEY their execu tors , administrators and assigns , all that piece or parcel of ground situate. lying and being at Victoria , in the Island of Hongkong, in the said Inden 2160 ORDINANCE No. 19 OF 1887 . Rhenish Mission. ture of Lease particularly described and registered in the Land Office as Inland Lot No. 24, together with all easements , profits , commodities and appurtenances whatsoever thereto belonging, except and always reserved as in the said Crown Lease is excepted and reserved , to hold the said piece or parcel of ground and premises thereby demised with their and every of their appurtenances unto the said CHRISTIAN WILHELM LOUIS and WILHELM HEINRICH DILTHEY their executors , administrators and assigns from the 25th of December, 1858 , for the term of 999 years from thence next ensuing at the yearly Crown rent therein mentioned and subject to the covenants and conditions therein contained . And whereas the said lot is now vested or purported to be vested in the Reverend FERDINAND WIlhelm DIETRICH formerly of Victoria, in the Colony of Hongkong, but now of the City of Tung- Kun in the Kwong - Tung province in the Empire of China , Missionary, and the Reverend EMMANUEL GENÄHR, formerly of Victoria aforesaid, but now of Fuk-Wing in the same province , Missionary, as trustees for the said Rhenish Missionary Society. And whereas it is uncertain whether the said FERDINAND WILHELM DIETRICH and EMMANUEL GENÄHR as such trustees as aforesaid have sufficient power to sell or dispose of the said lot so as to give a marketable title thereto. And whereas it is expedient in order to remove such uncertainty that the said premises should be vested in the said FERDINAND WILHELM DIETRICH and EMMANUEL GENÄHR , their executors and administrators with power of sale : Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : F. W. DIE 1. All that piece or parcel of ground situate lying and being at TRICH and E. GENÄHR to Victoria in the Colony of Hongkong , and registered in the Land Office be trustees. as Inland Lot No. 24 , together with all easements profits commodities and appurtenances whatsoever thereto belonging (except and always reserved as in the Crown Lease thereof is excepted and reserved ) shall vest in the said FERDINAND WILHELM DIETRICH and EMMANUEL GENÄHR their executors and administrators , upon trust to sell the said piece or parcel of ground and premises either together, or in parcels, and either by public auction , or private contract, and either with or without special conditions relative to title or otherwise with power to buy in the said premises, or any part thereof at any sale by auction or to rescind or vary any contract for the sale thereof, and to resell the premises which shall be so bought in or the contract for the sale whereof shall be so rescinded , and with power also to execute assurances, give effectual receipts and  ORDINANCES Nos . 19 AND 20 OF 1887. 2161 Rhenish Mission. Naturalization. discharges to the purchaser or purchasers thereof for the purchase moneys , so that such purchaser or purchasers shall not be bound to see to the application thereof, and generally to do all other acts and things necessary for completing the said sale. Provided nevertheless that the moneys which shall arise from any such sale as aforesaid after paying and retaining thereout the costs and expenses attending such sale shall be held by the said FERDINAND WILHELM DIETRICH and EMMANUEL GENÄHR, or other the trustees or trustee for the time being of the said Rhenish Missionary Society, in trust for the said Rhenish Missionary Society. No. 20 of 1887. An Ordinance for the naturalization of CH'AN KWOK YING ( 陳國英 ) [ 2nd June , 1887. ] Preamble. CHAN KWOK YING , a native of the Tsinghoi District, in the Chiu Chau Prefecture , now carrying on trade as an im porter of Siamese goods at 132 , Bonham Strand , in the Hop Hing hong, 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 Legis lative Council thereof, as follows : 1. CHAN KWOK YING , shall be , and he is hereby naturalized a British Naturaliza tion of CH AN subject within this Colony, and shall enjoy within this Colony, but not KWOK YING. 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.  2162 ORDINANCE No. 21 OF 1887 . Licensing Consolidation. No. 21 of 1887. An Ordinance to consolidate the law relating to various Licences. [ 16th July, 1887. ] Title. E it enacted by the Governor of Hongkong, with the advice of the BE Legislative Council thereof, as follows : Short title. 1. This Ordinance may be cited for all purposes as The Licensing Consolidation Ordinance, 1887. Definition, 2. In the construction of this Ordinance the term public vehicle shall mean any chair, carriage, jinricksha, or other vehicle of any kind which plies for hire in the streets for the carriage of passengers , and the word licence shall mean a licence required by this Ordinance. Governor in 3. The Governor in Council may from time to time make, and when Council may make regula made may alter, add to, or repeal regulations under this Ordinance ; tions. ( 1. ) For the issue of licences , the forms thereof, the fees to be paid on such licences, their periods, conditions, and the officers who are to issue them. ( 2. ) For the regulation of public vehicles and of traffic carried on by means of such vehicles . Existing 4. All regulations published under any Ordinance repealed by this regulations continued. Ordinance are hereby continued in force until they shall be replaced by new regulations made under this Ordinance. Existing 5. All licences issued under any Ordinance repealed by this Ordi licences continued. nance shall continue in force till they shall expire , or be forfeited or revoked . Licences. 6. A licence shall be required for every [5 of45. 7.] (1. ) Auctioneer . [5 of 45. 7.] ( 2. ) Billiard table , skittle-ground , nine-pin or bowling- alley open to the public . [8 of 58. 11.] (3. ) Hawker. [9 of 67. 7.] (4. ) Money changer. [5 of 83. 2. ] ( 5. ) Public vehicle, and also for every bearer, drawer or driver of a public vehicle. [ 8 of 58. 13.] (6. ) Undertaker of Chinese funerals .  ORDINANCE No. 21 OF 1887. 2163 Licensing Consolidation . 7. Until further order shall be made by the Governor in Council Issue of licences. under section 3 , all licences shall be issued by the officers named in the schedule hereto, on payment of the fees , and for the periods set forth therein . The granting of all such licences shall be in the discretion of the officers respectively named in the said schedule or in any Order in Council by which such schedule may hereafter be varied . Any person aggrieved by the refusal of a licence may appeal to the Governor who may direct the proper officer to issue such licence. 8. Every person who shall act as an auctioneer or shall keep a Penalties. [ 5 of 45. 8. ] public billiard table, skittle-ground , nine-pin or bowling alley without a licence shall be liable to a penalty not exceeding two hundred dollars ; and every person who shall neglect to take out any other licence shall be liable to a penalty not exceeding twenty-five dollars . 9. The following acts shall be deemed to be offences under this Offences. Ordinance (1. ) Any breach of the conditions of a licence. (2. ) Furnishing untrue particulars for any licence . (3. ) Using or attempting to use any licence or other document granted in pursuance of regulations made under section 4, which has not been duly issued to the person so using or attempting to use it. ( 4. ) Refusal by any hirer of a public vehicle to pay the fare of [ 5 of 83. 8. ] the same . (5. ) Wilful injury to any public vehicle. Ibid. (6. ) Ill - treatment of any driver, bearer, or drawer of any public Ibid. vehicle. 10. Any person convicted of an offence against sub- sections 4 , 5 and Compensa tion. 6 of section 9 may be required by the convicting Magistrate to pay such [ 5 of 83. 8. ] compensation to the person aggrieved as to such Magistrate shall seem reasonable . Such compensation shall be payable in addition to any penalty imposed under this Ordinance. 11. Every person convicted of an offence against this Ordinance or Penalties. [See 14 of 45. against any regulation made thereunder for which no special penalty is 34. ] provided shall be liable to a penalty not exceeding twenty -five dollars. 2164 ORDINANCE No. 21 OF 1887 . Licensing Consolidation. Recovery of 12. Any penalty imposed or compensation awarded under this Or penalties. dinance may be recovered in a summary way before a Magistrate. Forfeiture of 13. Any licence may be forfeited on the conviction of the holder licences. [ See 8 of 58. thereof for any offence, if the officer who issued the licence shall think fit . 12.1 Repeals. 14. The following Ordinances or portions thereof are repealed , but such repeal shall not affect anything lawfully done or commenced to be done under the said Ordinances, nor revive any Ordinance repealed by them : Ordinance No. 11 of 1844 , sections 38 and 39. 33 5 of 1845 , All , except section 11 . 19 99 8 of 1858 , sections 11 , 12 , 13 , 14 and 15 . 1239 9 99 5 of 1883. SCHEDULE . Description of Licence. Term . Fee. Granted by Auctioneer,....... Annual $300 Colonial Secretary. Public billiard table, skittle-ground, Do. Annual $50 nine-pin or bowling-alley, ......... ) Chinese money changer,..... Annual $5 Registrar General. Chinese undertaker, Do. $ 10 Do. Hawker, Do. 50 cts. Do. per quarter. Vehicles. Wheeled vehicle, Half-yearly $6 Capt. Supt. of Police. Sedan chair, …………….. Do. $1 Do. Driver, drawer, or bearer of any vehicle... Do. 30 cts. Do.  ORDINANCE No. 21 OF 1887 . 2165 Licensing Consolidation. Rules made by the Governor in Council under the provisions of section 3 of Ordinance 21 of 1887, the 30th November, and gazetted 10th December, 1887. 1. Licences for public vehicles shall be issued by the Captain Superintendent Police, who may, in his discretion, refuse to issue any licence. Not more than 500 licences for jinrickshas shall be current at any one time. Every licence shall be taken out half-yearly or for the residue of the current half-year, and shall expire on the thirty first day of May or on the thirtieth day of November, and the holder thereof shall be subject to the following rules . [ 2. The following fees for licences shall be paid : (a .) For every wheeled vehicle, . .$6.00 (b.) For every chair,....... 1.00 (c.) For every driver or bearer of a vehicle, ....... 0.30 Repealed by Rule of the 4th January, 1888. ] 3. No licence shall be transferable . 4. No holder of a licence for a vehicle shall let out his vehicle to any bearer or driver not being the holder of a lawful licence as bearer or driver. 5. Every licensed vehicle shall have thereto affixed , or painted thereon in such conspicuous places as the Captain Superintendent of Police directs, the number of its licence in figures not less than two inches in length . 6. No jinricksha licensed for the first time after the publication of these rules shall exceed 36 inches in breadth between the wheels, or shall have tires to such wheels of less breadth than 1 inch. Such tires must be flat, not bevelled, and the hood of such jinricksha must afford a clear height from the upper side of the cushion of 41 inches. 7. The driver or bearer of every licensed vehicle shall wear conspicuously a distinguishing badge bearing the number of his own licence. Should such badge be made of leather or metal, or of both, the Captain Superintendent of Police may demand a deposit of twenty-five cents for each badge, such deposit to be returned to the owner on the expiry of his licence and the return of the badge. 8. For each jinricksha there shall be two licensed drivers, who need not, however , both be in charge of the vehicle at the same time. 9. Each licensed driver or bearer of a vehicle shall be photographed, free of cost to himself ; one copy of such photograph shall be attached to his licence, and one shall be retained by the Captain Superintendent of Police. 10. The licensee of every vehicle shall attend with his vehicle at such times and places as may be directed by the Captain Superintendent of Police for the inspection of such vehicle, and shall not leave such place of inspection until authorised to do so by the Captain Superintendent of Police. 2166 ORDINANCE No. 21 of 1887 . Licensing Consolidation. 11. The Captain Superintendent of Police may require the licensee of any vehicle to provide, and attach to such vehicle in such manner and in such place as the Captain Superintendent of Police may direct, a list of the authorised fares for such vehicle , of such material and pattern as the Captain Superintendent of Police may direct. 12. The Captain Superintendent of Police may refuse a licence in respect of any vehicle which in his opinion is not as to repairs or cleanliness in a state fit for public use, or for any misconduct on the part of the owner or driver or bearer. If a licence has been granted he may, for either of the above-mentioned reasons, withdraw the same and cause it to be forfeited. 13. The Captain Superintendent of Police may refuse a licence in respect of any driver or bearer who in his opinion is improperly clothed . If a licence has been granted he may, in such case, withdraw the same and cause it to be forfeited . 14. Every person obtaining a licence for a vehicle shall give, upon receiving his licence, security in the sum of fifty dollars by the bond of himself and of some person or persons to the satisfaction of the Captain Superintendent of Police, for the appear ance at any time of the licensee and also of the driver or bearers of the vehicle when they shall respectively be thereunto required, and for his duly paying all fines which shall be imposed in respect of the vehicle or the driver or bearer thereof, and all damages which may be recovered for injuries committed in respect of the vehicle orby the driver or bearer thereof ; the bond to be in such form as the Captain Superintend ent of Police shall require. 15. The fares to be charged for public vehicles shall be such sums as the Captain Superintendent of Police shall, by a table of fares to be set up in some conspicuous place in his office, from time to time direct, and a copy thereof shall be inserted in every licence to be granted under these rules and it shall be also affixed in a conspicuous place on every such vehicle. Such table of fares, or any alteration of the same, shall , before the same shall come into operation , be approved by the Governor in Council . 16. The driver or bearer of a licensed vehicle shall not without reasonable cause refuse, when unemployed, to accept hire. 17. The driver or bearer of a licensed vehicle shall not demand more than the authorised fare for the hire of his vehicle. 18. The driver or bearer of a licensed vehicle shall travel with reasonable speed . 19. The driver or bearer of a licensed vehicle shall not leave his fare before the completion of the engagement of such fare. 20. The driver or bearer of a licensed vehicle shall not use insulting language or behave rudely. 21. The driver or bearer of a licensed vehicle shall not sit or lie in, or in any way occupy his own vehicle. 22. Every licensed vehicle, when plying for hire or engaged after eight o'clock at night, shall carry a lamp of such description as the Captain Superintendent of Police shall direct.  ORDINANCE No. 21 OF 1887. 2167 Licensing Consolidation . 23. All property left in any vehicle shall be taken forthwith to the Central Police Station and handed over to the Police authorities, who shall cause the goods to be publicly advertised in the usual manner, and if claimed , the same shall be handed over to the owner claiming it, subject to a deduction of five per cent. on the value (to be given to the driver bringing the same to the Police) to be ascertained in case of difference by the Captain Superintendent of Police ; and if the same shall be unclaimed at the expiration of three months from the date of the loss , the Captain Superintendent shall, as soon thereafter as conveniently may be, cause the said goods to be sold in such manner as he shall think best, and the Captain Superintendent shall deduct out of the proceeds of each sale a sum equivalent to ten per cent. on the proceeds of the sale of such goods, and shall pay the amount to the driver or bearer who shall have brought the said goods, and subject thereto the said proceeds shall be paid into the Treasury. 24. The persistent solicitation of passengers is strictly forbidden , as is also obstruction to the free transit of passengers, especially at hotels, or the wharves, or other landing places. 25. No licensed owner, bearer, drawer, or driver of a licensed vehicle, shall use his vehicle, for the carriage of animals, merchandise, or goods other than personal baggage. 26. No licensed owner, bearer, drawer or driver of a licensed vehicle shall knowingly permit his vehicle to be used for the conveyance of any person suffering from a dangerously infectious disease ; and for the purpose of this condition knowledge shall be presumed unless disproved by such owner, bearer, drawer or driver. 27. The licensed owner, bearer, drawer or driver of any licensed vehicle that may have been used for the conveyance of any person suffering from a dangerously infectious disease, shall cause such vehicle to be thoroughly disinfected to the satisfaction of the Captain Superintendent of Police before it is again offered for hire. 28. No licensed owner, bearer, drawer or driver of a licensed vehicle shall allow his vehicle to be used for the conveyance of a corpse. FEES FOR PUBLIC VEHICLES . CHAIRS. I. IN VICTORIA, WITH TWO BEARERS. Half hour,. .10 cents. One hour,...... .20 cents . Three hours, .50 29 Six hours,. ...70 29 Day (6 A.M. to 6 P.M.) $ 1. If the trip is extended beyond Victoria, half fare extra. II. BEYOND VICTORIA, WITH FOUR BEARERS . Hour, . 0.60 cents. Six hours, .... $1.50 Three hours, .. $ 1.00 Day (6 A.M. to 6 P.M.) , ………………………. $2.00 2168 ORDINANCE No. 21 OF 1887 . Licensing Consolidation . JINRICKSHAS . (WITH SINGLE DRIVER) . Quarter hour, .05 cents. Hour,...... .15 cents . Half hour,....... 10 99 | Every subsequent hour, ........ 10 "" NOTE. -Victoria extends from Mount Davis to Causeway Bay and up to the level of Robinson Road. If the vehicle is discharged beyond these limits half fare extra is to be allowed for the return journey . Extra bearers or drivers and extra hours to be paid proportionate sums. Rule made by the Governor in Council under the provisions of section 3 of Ordinance 21 of 1887 (The Licensing Consolidation Ordinance, 1887) , the 4th and gazetted 21st January, 1888 . The following rule shall be substituted for rule 2 made by the Governor in [* 3077] Council on the 10th day of November, 1837, and published in the Hongkong Govern ment Gazette on the 10th day of December, 1887 : 2. The following fees for licences shall be paid : (a.) For every wheeled vehicle,. . $18.00 (b.) For every chair, 1.00 (c.) For every driver or bearer of a vehicle, 0.30 This rule shall have effect from and after the 1st day of June, 1888. Conditions oflicences for chairs in the Hill District, as defined by Ordinance 15 of1888, fixed by Regulation made by the Governor in Council under section 3 of Ordinance 21 of 1887, on the 12th and gazetted 23rd June, 1888. CONDITIONS . The fares to be charged for licensed chairs in the Hill District, as defined by - Ordinance 15 of 1888 , to be as follows : With 2 bearers . With 4 bearers . Half hour, $0.15 One hour, 0.30 $0.60 Three hours, 0.75 1.00 Six hours , 1.00 1.50 Day (6 A.M. to 6 P.M . , ) ....... 1.50 2.00  ORDINANCE No. 21 OF 1887 . 2169 Licensing Consolidation. Regulations made by the Governor in Council under section 3 of The Licensing Consolidation Ordinance, 1887, on the 16th and gazetted 18th May, 1889. 1. Every licence to an undertaker of Chinese funerals shall be issued subject to the condition that every grave be dug to a depth throughout of not less than six English feet from the ordinary surface of the ground to the uppermost side of the corpse or coffin therein deposited . 2. Every such licence shall be in English and Chinese, and shall be in the follow ing form : UNDERTAKER'S LICENCE. REGISTRAR GENERAL'S OFFICE, VICTORIA , HONGKONG , 188 The bearer of is licensed to undertake and perform burials of Chinese dead in the cemeteries allotted for that purpose. This licence is issued subject to the condition that every grave be dug to a depth throughout of not less than six English feet from the ordinary surface ofthe ground to the uppermost side of the corpse or coffin therein deposited, and will expire on the day of 188 Fee $ 10. Received Entered Registrar General. NOTE. To be printed in Chinese as well as in English. Additional condition to be inserted in Hawkers' Licences made by the Governor in Council, on the 29th day of May, 1890, in pursuance ofsection 3 of Ordinance No. 21 of1887, and gazetted 14th June, 1890. The licensee shall not hawk any wares within the limits from the various markets prescribed by the street notices. Additional rules made by the Governor in Council under the provisions of section 3 of Ordinance No. 21 of 1887, on the 3rd and gazetted the 10th of January, 1891. 1. Licences for jinrickshas to ply for hire in British Kowloon shall be issued by the Captain Superintendent of Police, who may, in his discretion, refuse to issue any licence. 2170 ORDINANCES Nos . 21 AND 22 OF 1887 . Licensing Consolidation . Opium (Raw.) Every licence shall be taken out half-yearly or for the residue of the current half year, and shall expire on the thirty-first day of May or on the thirtieth day of Novem ber ; a fee of six dollars shall be paid for each licence and the holder thereof shall be subject to the rules Nos. 3 to 28 both inclusive of the rules made by the Governor in Council on the 30th day of November, 1887, and published in the Government Gazette of the 10th December, 1887 , provided that all property left in any vehicle shall be forthwith taken to the Police Station at Yaumati instead of the Central Police Station as required by No. 23 of the above mentioned rules . Fees forjinrickshas with single driver licensed under these rules, fixed by the Captain Superintendent of Police and approved by the Governor in Council. Quarter of an hour, 5 cents . Half hour, .10 39 Hour, .15 99 Every subsequent hour, .10 "" No. 22 of 1887. An Ordinance for the better regulating of the trade in Opium. [ 27th May, 1887. ] WHEREAS it is expedient to regulate and control the movement of raw opium within the Colony and the waters thereof : Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : Construction. 1. This Ordinance and the Opium Ordinance of 1884, * hereinafter [*No. 1 of called the principal Ordinance, shall be construed together as one Ordi 1884. nance to be called The Opium Ordinances 1884 and 1887. Interpreta 2. Opium in this Ordinance means raw, crude, or unprepared opium. tion. Chest of opium means the package , with the opium therein , such as is usually imported by merchants in the Colony. Ship in this Ordinance and in the principal Ordinance shall be construed so as to include any steam-vessel, junk, boat, sampan, or any kind of craft used for conveyance ofpersons or things by water .  ORDINANCE No. 22 of 1887 . 2171 Opium (Raw.) 3. No person shall bring into the Colony or the waters thereof , or Import of opium less receive therein opium in quantities less than one chest so brought into than one chest the Colony or its waters . prohibited . 4. It shall be lawful for the Colonial Treasurer on such terms and Sale of opium in quantities conditions as may be approved by the Governor in Council , to grant less than one chest. licences for the sale of opium intended for export in quantities less than one chest, and no person except the holders of such licences shall be permitted to sell or barter within the Colony or its waters opium in quantities less than one chest . The purchase, sale , or barter of quantities less than one ball of Bengal opium or three catties of Malwa, Persian , or Turkish opium is hereby forbidden . 5. It shall be the duty of holders of licences to attach to all parcels Sale certifi cates granted of opium sold by them in quantities less than one chest, a certificate in by licensees. — the following form : Date, 188 No. Sold this day to balls Bengal, catties Malwa or to be exported by him to per ship This certificate shall not be valid after noon of the Chop . 6. No person except the opium farmer or the licensed retail dealers What persons may have shall have in his possession or under his custody or control opium in opium in quantities quantities less than one chest without a certificate of purchase from a licen less than one chest . see except he can show to the satisfaction of a Magistrate : (a . ) That the said opium is covered by a certificate of one of the licensees . ( b . ) That he has received it under an official export permit . Provided always that it shall be in the absolute discre tion of the officer charged with issuing export permits to grant or withhold the same, and that this section shall not apply to samples not exceeding two taels covered by a certificate of the importer. 7. It shall be the duty of the licensees to keep a register of the Register to be kept by particulars of purchase and sale in such form as the Governor may from licensees. time to time order. 2172 ORDINANCE No. 22 of 1887 . Opium (Raw.) Penalties. 8. Any person offending against the provisions of sections 3, 4 and 6 shall, on conviction before a Magistrate, be liable to a fine not exceeding one thousand dollars and the forfeiture of the opium or in default imprisonment with or without hard labour for a period not exceeding three months , or the Magistrate may order a period of imprisonment with or without hard labour in lieu of a portion of the fine, provided the whole imprisonment do not exceed six months ; and notwithstanding the penalty for the breach of conditions to which licensees are subject, it shall be lawful for a Magistrate to impose on a licensee a penalty not exceeding five hundred dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond. Permits for 9. Every person importing into the Colony any opium shall forth landing of chests of with report the same to an officer to be appointed by the Governor to be opium. named the Superintendent of Imports and Exports , hereinafter called the Superintendent, giving the number of chests , and shall , before landing such opium or any part thereof, send or cause to be sent to such Super intendent a requisition in the form of schedule A giving the particulars therein required , whereupon the Superintendent shall furnish a permit in the form of schedule B authorising the opium to be landed and stored, and such permit shall be exhibited to the opium farmer or his agent and shall be signed by him or his agent and shall not be used or acted upon until it is so signed . Movement 10. Every person moving opium for exportation in chests shall, and export of chests of before doing so, send to the Superintendent a requisition in form of opium. schedule C furnishing the particulars therein required , whereupon the Superintendent shall grant an export permit in the form of schedule D authorising the said opium to be exported . The owner or shipper shall cause such permit to be exhibited to the opium farmer or his agent, and such permit shall be signed by him or his agent , and shall not be used or acted upon until it is so signed. Removal and 11. Every person moving a chest or chests of opium from one place transhipment of opium. to another within the Colony or transhipping such chest or chests within the waters thereof shall before doing so, furnish to the Superintendent a requisition properly filled up in the form of schedule E, whereupon the Superintendent shall furnish a permit in the form of schedule Fauthorising the transhipment or removal of the said opium , which permit shall be  ORDINANCE No. 22 of 1887 . 2173 Opium (Raw.) exhibited to the opium farmer or his agent, and shall be signed by him or his agent, and shall not be used or acted upon until it has been so signed . 12. In the event of the arrival at or departure from the Colony of Steamers arriving out any steamer carrying opium when the Superintendent's office is closed of office hours. or may be closed before application for a permit can be made, it shall be lawful for the agent of such steamer to land or ship any opium without a permit, and to deliver any opium so landed to the owner or consignees thereof, or to keep the same in his own custody, but so soon thereafter Permit to be obtained as the Superintendent's office is opened the said agent shall apply for afterwards. the necessary permit, and furnish the particulars requisite . 13. Any person offending against or not complying with any of the Penalty. provisions of sections 9 , 10 , 11 , 12 shall be liable on conviction to a penalty not exceeding five hundred dollars, and any opium imported or Forfeiture. exported or stored or moved or attempted to be imported or exported or stored or moved contrary to the provisions of the foregoing sections shall be seized and may be forfeited . 14. Every importer of opium shall keep a register shewing the Register to be by number of chests imported by him and how and to whom it was disposed importer. of. Marks and Government numbers in the case of the Bengal drug shall be given, and such other marks or numbers in the case of other sorts of opium as the Superintendent may require to be placed upon it. Every offence for non- compliance with the requirements of this section shall be punishable with a fine not exceeding five hundred dollars . 15. No junk or other Chinese craft, whether licensed or not, shall Chinese craft only to leave leave her anchorage, unless the safety of the vessel ( through stress of Colonial waters weather ) shall render it necessary, between the hours of 6 P.M. and 6 A.M. between certain hours. from October to March inclusive, nor between the hours of 7 P.M. and 5 A.M. from April to September inclusive, under a penalty, on conviction before two Stipendiary Magistrates, not exceeding five hundred dollars , or the forfeiture of junk and cargo . Special permits or night clearances hitherto grantable under Ordinance 8 of 1879 , section 38 , sub - sections 8 and 9 shall be no longer allowed, except in the case of Hongkong specially licensed fishing boats . 16. On the coming into operation of this Ordinance, every person Holders to give account having in his possession , custody, or control any opium within the of stocks. Colony or its waters shall furnish to the Superintendent an account of all 2174 ORDINANCE No. 22 OF 1887. Opium (Raw.) such opium, and in case of chests the numbers and marks on such chests , and the Superintendent or his deputy shall be at liberty at any time , and Superintend as often as he shall think fit, to demand in writing from every person ent may require having any opium in his possession , custody, or control , an account in account of stocks . writing of the opium so held at the time of such demand , and in case of chests the marks and numbers , and the said Superintendent or his deputy shall be at liberty at any time, to enter the premises where such opium is, and to inspect the same, and any person refusing to give such account , or without reasonable cause shewn to permit such entry , or giving a false Penalty. or incorrect account shall be liable, on conviction , to a penalty not exceeding five hundred dollars , in addition to any other penalty which may be recoverable under the terms and conditions of section 4 of this Ordinance. Search for 17. If any opium is found, on search authorised under this Ordinance, deficiencies. to have been imported contrary to the provisions of this Ordinance , or to be missing from the place in which it was stored on importation , or from the place where, according to the permits , it ought to be found stored , the person in whose possession such opium so imported may be found , or in whose name such opium so missing shall have been so stored , shall be Penalty. liable, on conviction , to a penalty not exceeding five hundred dollars for every chest of opium which shall be found to have been so imported, or to be so missing. Penalty on 18. If the opium farmer shall neglect or refuse, or shall without farmers. sufficient cause unreasonably delay to do any of the acts or things hereinbefore provided and required to be done by him, he shall be liable to a penalty for each such offence not exceeding five hundred dollars. Penalty for 19. Every person who shall under the provisions of this Ordinance giving false particulars. make any application , or supply any particulars , return , or account , or other written statement required by this Ordinance to be made or supplied , shall sign the same himself, unless he be absent from the Colony or unable, from sickness , to attend to business, in which case the same may be signed by his agent for him ; and if any such application , particulars , return , account , or other statement shall be false or incorrect, either in whole or in part , to the knowledge of the person so making or supplying the same, whether the same be signed by himself or by his agent, such person shall , in every case not otherwise provided for by this Ordinance , be liable on conviction to a penalty not exceeding one thousand dollars  ORDINANCE No. 22 OF 1887. 2175 Opium (Raw.) for the first offence, and two thousand for every subsequent offence : and such agent shall also and in like manner if offending be liable to penalties of the like amount. 20. Any Justice of the Peace may, by his warrant directed to any Search warrant Police officer, not under the rank of a sergeant, empower him by day be issued by Justice of the or by night to enter and search any dwelling house, shop , or other build Peace. ing or place, or any ship not being a man -of- war or ship having such status , lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace , upon the oath of any person, that there is good and sufficient cause to believe that in any such dwelling house, shop , or other building or place, or on board any such ship is concealed or deposited any opium subject to forfeiture under this Ordinance, or as to which an offence has been committed against any of When satis fied on oath the provisions of this Ordinance, and to take possession of any such that there is good cause. opium found to be concealed , or deposited therein , and of the ship in which the same may be found, and to arrest and take any person, or Officer may take posses persons being in such dwelling house, shop , or other building, or place, sion ofarticles found. or on board any such ship, in whose possession , custody, or control any such opium may be found , or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabouts any such opium, and any officer to whom such warrant shall be directed may, in case of obstruction or resistance, break open any Power to break open outer or inner doors of such dwelling house, shop, or other building, or doors. place, and enter thereinto , and forcibly enter such ship, and every part thereof, and remove by force any obstruction to such entry, search , seizure , and removal as aforesaid , and may detain every person found in such May detain persons. place until the said place shall have been searched , and all informations to be laid and all warrants to be issued, and all arrests and seizures to be made under this Ordinance, may be had or done on a Sunday as well as Sundays. on any other day. 21. Excise officers duly appointed under the principal Ordinance Excise officers, shall be deemed to be excise officers for the purposes of this Ordinance, appointment of. and shall have the like powers , duties , rights and liabilities with reference to opium under this Ordinance as they have with reference to prepared opium under the principal Ordinance. 22. It shall be lawful for any Police or excise officer to arrest Arrest without without warrant any person within the Colony whom he reasonably warrant. 2176 ORDINANCE No. 22 OF 1887 . Opium (Raw.) suspects to be conveying or to have concealed on his person any opium in contravention of the requirements of this Ordinance and to take him before a Magistrate to be dealt with according to law. Searching 23. It shall be lawful for any inspector of Police or an excise ships. officer, having reasonable ground for believing that there is opium in any ship within the waters of the Colony in contravention of the provis ions of this Ordinance ( such ship not being a ship of war or vessel having such status ) to proceed without warrant on board such ship, and search for such opium , and seize any 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 Magistrate, to be dealt with according to law. Suspending 24. This Ordinance shall come into operation on a day to be pro clause. claimed by the Governor . SCHEDULES . (A. ) Bill of Particulars. To the Superintendent of Imports and Exports , Hongkong. Sir, Please issue a permit to land from the which arrived on chests of opium, numbered and marked as below. To be landed on at wharf and stored at (godown or shop or house) . Importer. Date, 18 .Farmer permit Opium ben copy has this of (B. ) A Permit to Land. is authorised to land from the chests of opium with numbers and marks as noted below, and is authorised to store .me ed the same in the (godown, shop or house) of serv at on , te Superintendent. Da Date, 18  ORDINANCE No. 22 CF 1887 . 2177 Opium (Raw.) (C. ) Application to Export. To the Superintendent of Imports and Exports . Sir, Please issue a permit to export by chests of opium, numbered and marked as below, on the day of 18 " to destination the said opium having been purchased by me from in whose (godown, house or shop) it is now stored (or the same being now stored in my godown, shop or house) at or sold by me to who is desirous of exporting it. Date, 18 Farmer Opium permit served .been cAopy (D. ) this has me on . of Exporter Permit to Export. is authorised to export by . to chests of opium, marked and numbered as below, on the ved having been purchased by the exporter from Receim and now stored in Opiu this situated at . and sold to who is required to export in terms of this permit. , te Superintendent. Da Date, 18 (E. ) Application to remove. To the Superintendent of Imports and Exports. Sir, Please issue a permit for the removal of chests of (Malwa) opium, numbered and marked as below, from and from the custody and in the possession of G.H. to the custody or possession of J.K. Time of removal. Owner or Shipper or Purchaser. Date, 18 2178 ORDINANCES Nos. 22 , 23 AND 24 OF 1887. aser Opium (Raw.) Whipping. Public Health. Farmer permit Opium Purch copy been this has of A (F.) , . pium Removal Permit. ved A.B. is authorised to move chests of (Benares) thisO Recei opium, marked and numbered as below , from . served and from the custody or possession of G.H. to the custody or me on possession of J.K. . Date Superintendent. , Hongkong, 18 [In force from 1st June, 1887, under proclamation 28th May, 1887. ] No. 23 of 1887. An Ordinance to amend Ordinance No. 16 of 1887. [ 29th August, 1887. ] E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : 1. Section 2 of Ordinance No. 16 of 1887 is hereby amended by substituting the figures 28 for the figures 27 in the said section . No. 24 of 1887. An Ordinance for amending the Laws relating to Public Health in the Colony of Hongkong. [ 30th May, 1888. ] Preamble. HEREAS it is expedient to make provision for preserving and W promoting the public health in this Colony : Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : Title. 1. This Ordinance may be cited for all purposes as The Public Health Ordinance, 1887.  ORDINANCE No. 24 OF 1887 . 2179 Public Health. 2. The several Ordinances and parts of Ordinances mentioned in Ordinances repealed. schedule A to this Ordinance appended , are hereby repealed, provided always that all rules and regulations made in virtue of any of the said Ordinances or parts of Ordinances and in force at the date of the passing of this Ordinance shall remain in operation , until they shall have been amended or repealed . 3. In this Ordinance and in any bye-laws made thereunder , the Definitions. following words and expressions shall have or shall include the meanings hereinafter respectively set against them , unless such meanings be re pugnant to or inconsistent with the context. 1. Author of a nuisance. -The person by whose act, default, Author of a nuisance. permission , or sufferance the nuisance arises or continues . 2. Board. The Sanitary Board . Board. 3. Building. - Any building, house , dwelling -house , tenement Building. house, common lodging -house , verandah , cook- house , privy , gallery, balcony, chimney, bridge, out- house , stable , mat shed, ware-house, manufactory, shop , work- room , distillery, and place of secure stowage . 4. Common lodging-house (a. ) any house or part thereof, where persons are Common lodging housed -not being members ofthe same family house. -at an amount not exceeding five cents a day, or one dollar a month, for each person ; (b . ) any permanent structure in which employers of labour lodge their employés other than domestic servants, or shopmen, as part of the remunera tion given for their services. 5. Domestic building.-Any human habitation, or building Domestic building. where persons pass the night. 6. Drug.- Any medicine for internal or external use. Drug. --- 7. Food. Any article used for food or drink other than drugs Food. or water . - The face of the natural hill, or the face of any Hill-side. 8. Hill-side. scarp or retaining- wall built to support the same, or any artificial filling in or terracing with earth behind such scarp or retaining -wall, made with the object of supporting a street or forming a site for a building. 2180 ORDINANCE No. 24 OF 1887 . Public Health. Householder. -- 9. Householder. For the purposes of this Ordinance , the actual tenant or occupier of any building, or in cases where there. shall be no such person , then the immediate landlord of such building, and , in the case of corporations, companies, and associations , the secretary or manager thereof shall be deemed the householder, and shall be liable under this Ordinance. Keeper of a 10. Keeper of a common lodging-house. -Any person licensed to common lodging keep a common lodging-house. house. New build 11. New building. -Any structure begun after the commence ing. ment of this Ordinance or of which the enclosing walls have not been carried higher than the footings, or such old buildings as shall for the purposes of reconstruction be taken down to an extent exceeding one half, such half to be measured in cubic feet. Occupier. 12. Occupier. The person in actual occupation of any premises . Owner. - 13. Owner . Any house-owner, or the person for the time being receiving the rent of any premises , solely or as joint -tenant , or tenant in common with others , or receiving the rent of any premises whether on his own behalf or that of any other person , or, where the owner cannot be found or ascertained , the occupier ; and for the purposes of this Ordinance every mortgagee in possession shall be deemed an owner. Person. 14. Person (and words applied in this Ordinance to any in dividual ).-- Corporations , companies , and associations. Premises. 15. Premises .--Any land , building, or structure of any kind , footway, yard, alley, court, garden , stream , nullah, pond, pool , paddy -field, marsh, drain , ditch , or place open, covered , or enclosed , cesspool or foreshore , also any vessel or boat lying within the waters of the Colony. --- Secretary. 16. Secretary. The Secretary to the Sanitary Board duly appointed under the provisions of section 6 of this Ordi nance. Tenant. 17. Tenant. - Any person who leases direct from any house holder the whole of any floor or floors of any building or tenement-house.  ORDINANCE No. 24 of 1887. 2181 Public Health. 18. Tenement-house. -Any domestic building let to and inha Tenement house. bited by more than one occupier or family, as tenants of a common landlord , or as sub -tenants of a tenant of any portion of such domestic building. 19. Vessel.- Any steam or sailing ship , launch, junk, lighter, Vessel, sampan, or boat. 4. The Board shall consist of the Surveyor General, the Registrar Constitution of the Board. General, the Captain Superintendent of Police, the Colonial Surgeon , and not more than six additional members, four of whom, ( two being Chinese ) shall be appointed by the Governor , and two elected by such [See Ordi nance No. 1 rate-payers as are included in the special and common jury lists , and of 1890. ] also by such rate- payers as are exempted from serving on juries on account of their professional avocations . Non - official members of the Board shall hold office for three years . 5. The mode of election , the proceedings incident thereto , and all Governor to make rules other matters relating to the election of the said members, by the said for elections. rate-payers , shall be governed by rules made by the Governor in Council , who may, from time to time, add to , vary, or revoke, any of the said rules . 6. The Governor shall appoint the president, vice- president , and President, Vice- Presi secretary of the Board , and the names of all members appointed to the dent and secretary. Board shall be forthwith notified in the Government Gazette , and any [See Ordi number of the Government Gazette , containing a notice of any such nance No. 1 of 1890. ] appointments shall be deemed sufficient evidence thereof, before any Magistrate or Court of law. 7. If any member of the Board be at any time prevented by absence Substitute members. or other cause from acting for more than six months, the Governor, may appoint, or, if the member has been elected, the electors inay nominate some other person to replace such member, until he shall be able to resume his functions. 8. The Board shall be held to be legally constituted , notwithstand Vacancies. ing any vacancies occurring therein by death , absence , resignation , or incapacity of any member. 9. The Governor may appoint such officers as he shall see fit to Sanitary staff. be sanitary superintendent, sanitary surveyors, inspectors of nuisances , and such other servants as the Board may from time to time recommend , 2182 ORDINANCE No. 24 OF 1887. Public Health. and there shall be paid from the Colonial Treasury to such officers, such salaries and allowances as the Governor, with the consent of the Legis lative Council , may from time to time determine. Board 10. The Board shall meet once in every alternate week and oftener meetings. if need be, and may adjourn from time to time. The president may at any time, and shall , on a requisition signed by three members of the Board, summon a meeting thereof. Quorum. 11. Any four members shall be a quorum for the despatch of busi ness , and at every meeting, the president or vice - president shall preside, or, in their absence, the members present shall appoint a chairman . The president or vice- president or in their absence the chairman so appointed, shall have a deliberative and a casting vote. Standing 12. The Board may from time to time make standing orders for orders. regulating the mode and order of procedure at its meetings , for the appointment of select committees , for the conduct of its business between such meetings , and for the guidance of its officers , and may from time to time alter and amend such standing orders . Power to 13. The Board shall have power to make, and when made, to alter, make bye laws. amend, or revoke bye-laws with regard to the following matters : — 1. The proper construction , trapping, ventilating, and main tenance of private house-drains in the City of Victoria, and the villages, and rural districts of Hongkong and Kowloon . 2. The provision and proper construction of dust boxes in private premises. 3. The provision of adequate subsoil drainage in order to arrest damp in dwelling- houses . 4. The cleansing, lime-whiting, and proper sanitary mainte nance of all premises in the Colony. 5. The sanitary maintenance of public latrines, urinals , dust bins, and manure-depôts. 6. Surface scavenging, the removal and disposal of night soil and of other refuse . 7. The closing of premises unfit for human habitation and the prohibition of their use as such. 8. The protection of the public water supply from pollution.  ORDINANCE No. 24 OF 1887 . 2183 Public Health. 9. The prevention of the manufacture or sale of unsound, adulterated, or unwholesome food. 10. The regulation of bakehouses , dairies, ærated water manufactories, and food preserving establishments. 11. The prohibition of the establishment within certain limits , and the control of any noxious or offensive trade , business, or manufacture. 12. The sanitary maintenance of common lodging-houses, opium smoking divans , factories, and places of public instruction , recreation , or assembly. 13. The prevention of overcrowding in premises, either in respect of human beings or the lower animals. 14. The licensing and regulation of all depôts and pens for cattle, pigs, sheep, and goats. 15. The sanitary maintenance of markets and slaughter-houses. 16. The construction , licensing , and proper sanitary maintenance of pig-sties in private premises . 17. The breaming of vessels , and the maintenance of cleanliness in the harbour of Victoria, the waters of the Colony, and the foreshores thereof. 18. The disposal of the dead , the disinfection of dead bodies, and the sanitary maintenance of mortuaries and cemeteries. 19. The compulsory vacating of infected premises, and the disinfection and purification of the same. 20. The disinfection and purification of all infected vessels and public vehicles . 21. The mitigation or prevention of epidemic, endemic , or contagious disease among animals. 22. The manufacture and sale of poisons and the sale of unsound and adulterated drugs . 23. The regulation of public baths, laundries, and wash houses. 24. The compulsory reporting of infectious , contagious , or communicable diseases . 14. The president or vice-president shall give directions for carrying Powers of president and out and giving effect to the decisions of the Board. vice-presi dent. 2184 ORDINANCE No. 24 OF 1887. Public Health. Legislative 15. All bye-laws made by the Board under the provisions of this Council to approve Ordinance shall be submitted to the Governor, and shall not take effect bye-laws. until approved by the Legislative Council . And all such bye- laws, when so approved , shall be published in the Government Gazette in English and Chinese and shall have the same force of law and be equally binding and valid , as if they had been contained in this Ordinance . Definition of 16. The word Nuisance as used in this Ordinance shall include ·:--- nuisance. 1. Any failure to supply, or any inadequate or defective provision of drain, drain-trap, ventilating - pipe, subsoil drainage, or cess -pool accommodation , or any building or part of a building so dark, or so ill- ventilated as to be dangerous, or prejudicial to the health of the inmates. 2. Any street or road, or any part thereof, or any water-course, nullah, ditch, gutter, side- channel , drain, ashpit, sewer, privy , urinal , or cess - pool so foul as to be noxious , or noisome, or unhealthy. 3. Any water- course , well, tank , pool , pond , canal , conduit , or cistern , the water of which, from any cause, is so tainted with impurities , or so unwholesome as to be injurious to the health of persons living near, or using such water, or which is likely to promote or aggravate epidemic disease. 4. Any stable, cow-house, pig- sty or other premises for the use of animals , which is in such a condition as to be injurious. to health. 5. Any accumulation , or deposit of stagnant water , sullage- water, manure, dirt, house- refuse, or other matter, wherever situated, which is unhealthy . 6. Any noxious matter, or waste waters, flowing or discharged from any premises, wherever situated , into any public street, road, or into the gutter or side- channel of any street, or road, or into any nullah , or water- course, or the bed thereof. 7. Any manufactory, trade, or business of a noxious, noisome, or unhealthy nature.  ORDINANCE No. 24 of 1887 . 2185 Public Health. S. Any cemetery, or place of burial, so situated , or so conducted, as to be unhealthy . 9. Any act, omission , or thing which is, or may be dangerous to life, or injurious to health or property. 17. It shall be lawful for the Board, on reasonable presumption of Right of entry. the existence of a nuisance, on any premises, by an order in writing, to [See Ord. No. authorize any sanitary officer, with an assistant, or assistants, to enter 26 of 1890, x. 2.] such premises , at any time between six in the morning and six in the evening, and to inspect the same. The inspecting officer shall produce and show the order to any Notice of entry to be person being, or claiming to be, the occupier of such premises. Provided given. that the inspecting officer shall not enter any house, or upon any land . which may be occupied at the time, unless with the consent of the occupier thereof, without previously giving the said occupier six hours' notice in writing of his intention to do so. Any person refusing admittance to the said inspecting officer, after Penalty. such notice has been given , shall be liable to a fine not exceeding twenty five dollars . 18. On the receipt of any information respecting the existence of a Sanitary Board to serve nuisance, the Board shall, if satisfied of the existence of a nuisance, serve notice requir ingabatement a notice on the person by whose act, default, or sufferance, the nuisance of nuisance. 38 and 39 arises, or continues , or , if such person cannot be found , on the owner , or Vict. c. 55. s. 94. occupier, of the premises on which the nuisance arises, requiring him to [See Ord. No. abate the same, within a time to be specified in the notice , and to execute 26 of 1890, 8. 2.] such works, and do such things, as may be necessary for that purpose : for that Provided , First. That, where the nuisance arises from the want, or defect ive construction, of any structural convenience, or, where there is no occupier of the premises, notice under this section shall be served on the owner : Secondly. That, where the person causing the nuisance cannot be found , and it is clear that the nuisance does not arise , or continue, by the act , default, or sufferance of the owner, or occupier, of the premises, the Board may themselves abate the same, without further order.  2186 ORDINANCE No. 24 OF 1887. Public Health. Sanitary 19. It shall be lawful for the Board, in any case where there is a Board to serve notice direct contravention of any of the requirements of any of the bye-laws, made ing compli ance with under section 13, to issue a notice to the offender, stating what is required bye-laws. to be done to carry out the provisions of such bye-laws ; and to call upon [See Ord. No. 26 of1890, him to comply with such notice within a reasonable time to be stated in *. 2.] • the said notice. Board may review notice . 20. If the person served with notice, under section 18 or 19 is dissatisfied with such notice , it shall be lawful for him, within the time therein specified , to apply to the Board to review the same, stating the grounds of his application , and the Board shall, thereupon , inquire into the matter, and shall confirm, modify , suspend, or discharge the said notice, or extend the time allowed for compliance therewith. On non-com 21. If the person on whom a notice has been served in pursuance pliance with notice com of section 18 or 19 , has not obtained from the Board a modification or plaint to be made to Ma withdrawal of the notice, and continues to make default in complying gistrate. with the requirements of such notice, or , in the case of a nuisance, if the same, although abated since the service of the notice , is , in the opinion of the Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non- compliance with the said notice, or to such nuisance, to be made before a Magistrate ; and such Magistrate shall , thereupon , issue a summons , requiring the person on whom the notice was served to appear before him . Power of Ma 22. If the Magistrate is satisfied that the requirement of the Board gistrate to make order is legal, or that the alleged nuisance exists , or that , although the said dealing with nuisance. nuisance is abated , it is likely to recur on the same premises , the Magis [Ibid, sec. 96.] trate shall make an order on such person , requiring him to comply with all, or any, of the requisitions of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works neces sary for that purpose ; or an order prohibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence ; or an order both requiring abatement and prohibiting the recurrence of the nuisance . The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is made , and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order for obeying the requirements of the bye-law, for abatement or prohibition of the nuisance, as the case may be.  ORDINANCE No. 24 of 1887 . 2187 Public Health. Order of pro 23. Where the nuisance proved to exist is such as to render a hibition and use, &c. of house or building, in the judgment of the Magistrate , unfit for human house unfit for habitation, the Magistrate may prohibit the using thereof for that pur human habi tation. pose, until, in his judgment, the house or building is rendered fit for that {Ibid, sec. 97. purpose ; and, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another , declaring the house or building habitable, and , from the date thereof, such house or building may be let or inhabited . 24. Any person not obeying an order to comply with the requisi Penalty for contravention tions of the Board, and failing to satisfy the Magistrate that he has used of order of Magistrate. all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars per day, during his default ; and any person know ingly and wilfully acting contrary to an order of prohibition , shall be liable to a penalty not exceeding twenty- five dollars per day, during such contrary action ; moreover, the Board may enter the premises to which any order relates , and abate the nuisance, and do whatever may be neces sary in execution of such order, and recover, in a summary manner , the expenses incurred by them from the person on whom the order is made . 25. Any member, or officer of the Board duly authorised by the Seizure of unwholesome said Board in writing, may, at any time between the hours of six in the food. morning and six in the evening, enter any shop or premises used for the sale or preparation for sale, or for the storage of food, to inspect and examine any food found therein which he shall have reason to believe is intended to be used as human food, and, in case any such food appear to such member or officer to be unfit for such use, he may seize the same, and the Board may order it to be destroyed or to be so disposed of as to prevent it from being used as human food. 26. It shall be lawful for the Governor in Council from time to time Chinese cemeteries. to select and appoint, and by advertisement in the Hongkong Government [See Adver tisement Gazette, to notify sufficient and proper places to be the sites of, and to be gazetted 23rd February, used as cemeteries or places of burial for the Chinese ; and from time to 1889. ] time, to alter, vary, and repeal the said notifications by others , to be advertised in the like manner ; and in such cemeteries or places it shall be lawful for the Chinese, in conformity with the provisions of the notifications actually in force, to bury their dead, yet so as that any person who shall use for that purpose a grave of less than six feet in depth from 2188 ORDINANCE No. 24 OF 1887 . Public Health. the ordinary surface of the ground to the uppermost side of the corpse or coffin therein deposited , shall for every such offence forfeit and pay a sum not exceeding fifty dollars. Closing of 27. The Governor in Council is authorised from time to time to notify by Chinese cemeteries. advertisement in the Hongkong Government Gazette, that any Chinese cemetery or burial ground shall, from a time in such notification to be specified , be closed , and the same shall be closed accordingly ; and whosoever, after the expiration of the said specified time , shall bury any corpse in the said cemetery or burial ground shall , for every such offence, forfeit and pay a sum not exceeding one hundred dollars. [ Repealed by Ord. No. 4 of 1890, and new section substituted. ] Burialelsewhere. 23. Whosoever shall bury any corpse or coffin in any ground not being a cemetery or burial ground authorised under this or any other Ordinance, shall (except in cases provided for by section 27 of this Ordinance) for every such offence forfeit and pay a sum not exceeding one hundred dollars. [ Repealed by Ord. No. 4 of 1890, and new section substituted . ] Removal of infected 29. Where any person is suffering from small-pox cr any other persons. contagious or infectious disease, and is without proper lodging or accom modation , or is lodged in a tenement occupied by more than one family, or is on board any ship or vessel , a Magistrate may, on the certificate of the Colonial Surgeon or any other duly qualified medical practitioner, order the removal of such person to such suitable hospital or other like place as may be provided for the purpose. Keeping pigs. 30. The keeping of cattle, swine, sheep, or goats without a licence &e. from the Board is hereby prohibited , and any person keeping such animals, either without a licence from the 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 five dollars, and , in default of payment, to imprisonment for any term not exceeding fourteen days, and, in the discretion of the Magistrate, to forfeit all animals in respect of the keeping of which he has so offended. PART II . Proclamation 31. Whenever any part ofthe Colony appears to be threatened with, of epidemic disease. or is affected by any formidable epidemic, endemic, or contagious disease , the Governor, with the advice of the Executive Council , may, by proclama tion from time to time, direct that the provisions contained in sections 32 to 37 of this Ordinance, both inclusive be put in force in the Colony, or such part thereof, as by such proclamation may be specified, and may  ORDINANCE No. 24 OF 1887 . 2189 Public Health. from time to time revoke or renew any such proclamation ; and , subject to such revocation and renewal, every such proclamation shall be in force for such period as in such proclamation shall be expressed, and every such proclamation shall be published in the Government Gazette, and such publication shall be conclusive evidence thereof. 32. From time to time after the issuing of any such proclamation Bye-laws for prevention or as aforesaid, and while the same continues in force, the Board may issue mitigation of epidemic. bye-laws, as they shall think fit , for the prevention as far as possible, or mitigation of such epidemic, endemic , or contagious disease , and from time to time may revoke, renew, and alter any such bye -laws. Any person committing any infraction of the above-mentioned bye laws shall be liable to a fine not exceeding two hundred dollars or to imprisonment not exceeding six months. 33. The Board by such bye-laws may provide : Punishment for contraven tion of bye 1. For the speedy and safe disposal of the dead . laws. 2. For house to house visitation . 3. For the dispensing and distribution of medicines. 4. For providing such accommodation and medical aid as may be required . 5. For the destruction of infected bedding, clothing , or other articles . 6. For the compulsory vacating of houses. 7. For any such matters or things as may to the Board appear advisable for preventing or mitigating such disease. 34. Such bye-laws after approval by the Governor in Council, shall Bye-laws to be published be published in the Government Gazette. in the Gazette. 35. The Board shall, through its officers , superintend the execution Board to supervise of such bye-laws , and shall act , and shall provide all such things as may execution of bye-laws. be advisable for mitigating such disease, or for superintending or aiding in the execution of such bye-laws, or for executing the same, as the case may require. 36. Any officers or persons authorised in that behalf by the Board Inspection of premises. may enter at any reasonable time during the day or night , and inspect See Ord. No. 26 of 1890, any premises where they have ground for believing that any person has 8. 2.1 2190 ORDINANCE No. 24 OF 1887. Public Health. recently suffered from or died of any such disease, or that necessity may otherwise exist for executing in relation to such premises any of such bye-laws. Premises 37. When any such proclamation is in force, and upon any evidence overcrowded. that the Board may deem sufficient that any premises are so overcrowded as to be injurious to health, the Board shall have power to make such order as it shall see fit to abate such overcrowding, and the house-holder, tenant, or occupier of such premises who shall permit such overcrowding to continue after such order shall have been served on him, shall forfeit a sum not exceeding one hundred dollars for every day during which such overcrowding shall continue , and in default of payment he shall be liable to imprisonment for any period not excceding three months. Proclamation 38. All proclamations of the Governor in Council for executing to extend to waters of the the provisions contained in sections 32 to 37 of this Ordinance , both Colony. inclusive, shall extend to the waters of the Colony, and the Board may issue, under the said proclamations, by virtue of the provisions of section 32, bye-laws for vacating, cleansing, purifying, and ventilating vessels. PART III. Drains. 39. Every owner of a new building erected within the city of Vic [See Ord. No. toria shall construct the ground floor of such building at such sufficiently 15 of 1889, seck, 73, 74. ] high level as will allow of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half- diameter of such sewer. Materials to be 40. Every owner of a new building within the city of Victoria shall, in the used for drains. construction of every drain of such building, use good sound pipes, formed of cast iron , jointed with lead, or hard, well glazed , stone-ware socketted pipes, jointed water- tight iu cement mortar composed of at least one part of good cement to three equal parts of clean sand . Black bricks shall not be used in the construction of any house- drains intended for the conveyance of sewage. Red bricks may be used, provided they are hard and sound, and that they are set in cement mortar of the foregoing description , and that the interior surface of the drain is also smoothly rendered with the same mortar. [Repealed by Ordinance No. 26 of 1890.] Sizes and falls of 41. Every owner shall cause every such drain to be of adequate size, such size to drains. be approved by the Board, and in no case to be less than six inches internal diameter. Where the ground is soft, such drain shall be laid in a bed of good lime concrete .  ORDINANCE No. 24 OF 1887 . 2191 Public Health. Every house-drain shall be laid with a proper fall, to the satisfaction of the Board. [Repealed by Ordinance No. 26 of 1890.] 42. No drain shall be so constructed as to pass under any building, except in Drains under building. any case where any other mode or construction may be impracticable. Any drain . passing under a building shall be laid in one straight line for the whole distance beneath such building, and shall be completely embedded and encased all round in good and solid lime concrete at least four inches thick all round . [ Repealed by Ordinance No. 26 of 1890.] 43. Adequate disconnexion and ventilation shall be provided at the end of every Disconnexion and ventilation house-drain by means of gully-traps, with slop- stone covers, or suitable iron perforated of drains. covers or gratings , and ventilating pipes, placed at such points and levels, and in such manner, as shall, in each case, be required by the Board ; and every inlet to every house-drain shall be properly trapped , and shall be grated , or covered with a perforated stone or iron cover that shall effectually prevent the introduction of any solid substance into such inlet, and the perforations or apertures of every such grating or cover shall be of not less than the sectional area of the pipe or drain to which it is fitted . [ Repealed by Ordinance No. 26 of 1890.] 44. Every drain from a building communicating directly with any public sewer, Traps and man holes. shall be provided with a suitable trap, ventilating-grating, disconnecting manhole, or other appliance, to the satisfaction of the Board, at such point between such building and such public sewer as shall be pointed out , in each case, by the Board. [ Repealed by Ordinance No. 26 of 1890. ] 45. No house-drains shall be joined in such a manner as to form any right Janetion of drains. angled junction , either vertical or horizontal. Every drain shall join another drain obliquely in the direction of the flow of such drain . [ Repealed by Ordinance No. 26 of 1890. ] 46. No ventilating-pipe of any drain shall be of a less internal diameter than Ventilating pipes. four inches, and such ventilating pipe shall, in every case, be securely fixed and carried up clear of the eaves or to such height, as shall effectually prevent any escape of foul air into any thoroughfare or building. [ Repealed by Ordinance No. 26 of 1890. ] 47. No overflow from any cistern or bath, or ablution , sullage, or refuse waters Overflows and waste waters, of any kind, nor the surface -drainage of any yard or back-yard shall be led from any building or premises through any down-pipe or open gutter into, or over any surface channel of any public street, alley , thoroughfare, or other ground, nor shall such refuse waters be led into, or emptied over the surface of any back-yard , alley, or other ground belonging to such building , or premises, or other adjoining building or premises, but shall be conveyed in a watertight waste-pipe or down-pipe taken through an external wall, and discharged in the open air over a gully-trap covered with a grating, or granite slop-stone cover, and no such waste-pipe or down-pipe, shall be brought down any external wall or retaining wall, when such wall looks upon any public thoroughfare . [ Repealed by Ord. No. 26 of 1890.] 2192 ORDINANCE No. 24 OF 1887. Public Health. Slop-stones and 48. Every kitchen of a dwelling or tenement-house, shall be provided on every dowa-pipes, floor with a suitably dished and perforated slop- stone, and with a down-pipe securely fixed , trapped , disconnected , and ventilated , to the satisfaction ofthe Board . [ Repealed by Ord. No. 26 of 1890. ] All works to 49. All works connected with the construction , disconnexion , trap be carried out by Board or ping, and ventilating of house -drains, shall be carried out at the cost and by persons approved by charges of the owner of the house, either by the Board or by persons same. approved of by the Board under the supervision of the Board or to its satisfaction. New house 50. The Board may, by a written notice, require the owners of drains. existing buildings, the drains of which are in the opinion of the Board in a defective and insanitary [ " defective or insanitary " as amended by Ordinance No. 26 of 1890 ] condition , to construct within a reasonable time to be determined by the Board, new house-drains in accordance with the provisions of this Ordinance , [ " or of any bye-law made in virtue ofthis Ordinance " as amended: Ibid. ] or to make such other im provements in the existing defective drainage of such buildings as in the opinion of the Board may be necessary to meet the requirements of this Ordinance [ or of any bye-law made in virtue of this Ordinance" as amended by Ordinance No. 26 of 1890. ] Groups of 51. If it appears to the Board that a group of contiguous tenements drains. may be drained more advantageously in combination than separately. the Board may order that such group be drained upon some combined plan to be approved by it, and the expenses shall be apportioned by the Board between the different owners of such group of contiguous tenement. Owners to 52. If any building be without a sufficient drain , and if a public connect drains with sewer of sufficient size be within one hundred feet of the premises or main-sewers. outermost boundaries of the lot on which such building is situated , and if such public sewer be on a lower level, it shall be lawful for the Board to require the owner of such building to connect with such public sewer by means of a proper drain adequately trapped and ventilated , to the satisfaction of the Board : Provided always that, if, after the passing of this Ordinance, any owner, by order of the Board , connects his building with a public sewer, he shall not be required to connect such building, at his own expense, with any other public sewer.  ORDINANCE No. 24 of 1887 . 2193 Public Health. 53. Whenever the Board shall have reason to believe that the Suspected drains to be drains of any building are defective and in a condition injurious to health, opened by Board. it shall be lawful for the Board to order an inspecting officer to enter the [ See Ord. No. 26of1890, premises and to inspect such drains, and , if requisite for the purposes of x. 2.] such inspection , such officer shall cause the ground to be opened in any place or places he may deem fit , doing as little damage as may be, and should such drains be found in a satisfactory condition , they shall be reinstated and made good by the Board at the public expense, but should such drains prove in the opinion of the Board defective, it shall cause them to be properly reconstructed in accordance with the provisions of this Ordinance. 54. Every owner of a new building in the villages and rural dis House drains in villages tricts of Hongkong and Kowloon shall construct the ground floor of such and rural districts. building at such sufficiently high level as will allow of the construction of a drain, and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty or with any other means of drainage with which such drain may lawfully com municate . 55. Wherever feasible, every house- drain in the villages and rural Open drains. districts of Hongkong and Kowloon shall hereafter be an open drain consisting of a semi- circular channel, of glazed stoneware jointed in cement mortar and laid to adequate falls on a bed of good lime or cement concrete, to the satisfaction of the Board. 56. In isolated places not connected with any public drainage Sumps. system, every such open drain shall lead and empty into a covered sump or cesspit built of brick or lime concrete rendered smoothly in good Portland cement mortar in such manner as to be water tight . 57. No premises within the city of Victoria or the villages of Stagnant water. Hongkong and Kowloon , shall be so excavated as shall admit of the formation, on the surface thereof, of pools of stagnant or other foul waters , and it shall be lawful for the Board to call upon the owner of any pre mises whereon such pools may exist, to fill up the same with good clean earth to the level of the surrounding ground, or to drain off such pools by means of surface-drains into any channel with which such surface drains may lawfully communicate . 2191 ORDINANCE No. 24 of 1887 . Public Health. PART IV . Areas. 58. Every person , who shall erect a new building on land obtained from the Crown, after the passing of this Ordinance, and on a site, excavated out of a slope or declivity, shall not permit such new building to abut against the hill- side, but shall leave a clear intervening space or area of at least four feet between such new building, along its whole extent, and the toe of the slope of the hill - side, always provided that— ( 1. ) Any kitchen, or out- house, appertaining to such new building, may abut against the hill - side , if not designed , or intended for human habitation ; and , (2. ) Any basement story, designed for cellarage or purposes. other than human habitation , may abut against the hill -side , to the extent of the height of such basement story. Area to be left in land 59. In the case of land obtained from the Crown before the passing purchased of this Ordinance, every person , who shall erect any new building on a previous to Ordinance. site which has been excavated out of a slope or declivity , shall leave a clear intervening space or area of at least four feet, between such new building, along its whole extent , and the toe of the slope of the hill - side, unless . Exemptions. ( 1. ) The basement story of such new building is intended for purposes other than human habitation, or, (2. ) Such building is situated at the intersection of two streets, and the basement story thereof is properly ventilated from both streets , or, (3. ) The basement wall , abutting on the hill - side , is carried -up to such a height above the level of the ground outside as will admit of the construction in such abutting wall of one or more windows opening from the basement. story directly into the external air ; or, where this is impracticable, the basement story shall be lighted and ventilated by means of grated openings or areas on Crown land, the permission for the erection of such areas on Crown land to be entirely at the discretion of the Governor in Council , or  ORDINANCE No. 24 OF 1887 . 2195 Public Health. (4. ) The basement story of such new building consists of one single shop, the frontage of which shall face on a public thoroughfare, and shall be open to the external air from the floor to the ceiling along the whole extent of such frontage. 60. It shall not be lawful for any person , who shall have been Kitchen, &c. allowed to erect any new building, kitchen , or outhouse, abutting against the hill - side, under the provisions of section 58 , or sub - section 1 of section 59 , or for any subsequent owner or tenant thereof, to use, or suffer to be used, at any subsequent period , the basement story of such new building , or such kitchen , or outhouse, for the purposes of human habitation . 61. Every person who shall, under the provisions of section 58 or Sub-soil drainage. 59 , leave a clear intervening space or area between a new building and the hill- side, shall make the surface of the floor of such area at least twelve inches lower than the level of the basement floor of such new building, and he shall lay , to the full extent of such area, along the toe of the slope of the hill - side, and to a depth of at least twelve inches below the surface, a line of hard, sound , stone- ware field - pipes , of not less than three inches diameter, for the purpose of effectually draining the sub- soil of such area, and he shall not cause such sub- soil drain to be passed out under the floor of any building , unless any other mode of outlet may be impracticable ; and , in such case, he shall cause the sub- soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor. 62. The floor of every area and of every basement story shall be Paving of area and properly asphalted , paved , or covered over, with a layer of good concrete floors. at least nine inches thick and the floor of such area shall have a fall, from the external wall of such building towards the face of the hill - side , of at least half an inch to the foot. 63. Every area shall be kept, at all times, free and unobstructed by Structures in areas structures of any kind other than flights of steps , nor shall such area be prohibited . roofed in, or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing, or fence, along its upper edge. 2196 ORDINANCE No. 24 of 1887. Public Health. Water 64. No person shall construct, except in a hospital , any water - closet closets. having any communication with any underground public sewer or private drain , nor, without the permission of the Sanitary Board , any urinal having such communication , and any such existing water- closets shall be removed by the owner upon his being required by the Board to effect such removal. Privies in 65. Every factory, refinery, distillery, godown, or other industrial factories or other establishment whatsoever, employing a number of persons, shall be industrial establish provided by the owner thereof with proper privy accommodation on the ments. premises, to the satisfaction of the Board. Buildings on 66. Every person who shall erect a domestic building upon land new Crown Lots. obtained from the Crown after the passing of this Ordinance shall provide along the entire back of such building, if one storied , a clear space form ing a back-yard of at least ten feet in width , and if such building be of two or more stories, he shall cause the width of such back-yard to be at least fifteen feet. PART V. Overcrowd 67. Every domestic building or portion thereof found to be inhab ing. ited in excess of a proportion of one adult to every three hundred cubic feet of clear internal space, shall be considered to be in an overcrowded condition , and shall be deemed a nuisance. [ This section shall apply only to such districts or portions of districts , as may, from time to time, be desig nated by an order of the Governor in Council. Repealed by Ordinance No. 26 of 1890. ] 300 cubic feet 68. It shall not be lawful for any householder or tenant to let or of space to be given each sub-let, for occupation , any tenement- house or any floor, compartment inmate of houses. or portion thereof to so large a number of persons , or families , as shall leave less than three hundred cubic feet of clear space for every adult inmate of such tenement-house , or portion thereof, including the family of such householder or tenant if resident on the premises, and the presence of any number of persons in excess of this proportion , between the hours of 11 P.M. and 4 A.M. , shall be taken as primâ facie evidence that such tenement-house, floor, compartment, or portion thereof, has been let in contravention of this section. Inspection of 69. The keeper of a common lodging- house, and every other person common lodg ing-houses. acting in the care or management thereof, shall , at all times, when required 38 and 39 V. c. 55, sec. 85. by any officer of the Sanitary Board , give him free access to such house, or any part thereof, and any such keeper, or person, who refuses such access shall be liable to a penalty not exceeding twenty- five dollars .  ORDINANCE No. 24 OF 1887. 2197 Public Health. 70. If any tenement- house, or domestic building, or portion thereof, Steps to be taken to abate shall be found to be in an overcrowded condition , the Board shall , by a overcrowding. written notice, require the tenant of the same, or any portion thereof, and also, if necessary, the house-holder, to abate such overcrowding, within a period of one calendar month ; such notice shall specify the cubic capacity available for habitation in such tenement-house, or other domestic build ing, and the number of persons which may be legally accommodated therein . If the said notice be not obeyed , it shall be lawful for the said Board to apply to a Magistrate, who , on sufficient cause shewn , shall summon before him the tenant or occupier of such dwelling house , or such householder. If the person summoned admits , or if it be proved to the satisfaction Magistrate may make of the said Magistrate that the said house is overcrowded , the Magistrate order. shall make an order for the abatement of the nuisance forthwith . On the hearing of the said matter, the Magistrate may make such Inspection. order for the inspection, at any hour of the night or day, of the said house , as the circumstances of the case may require. Such order to continue in force for a period not exceeding one month . 71. Any room of a tenement -house used as a common kitchen , shall Common kitchen not not be used as a sleeping room, and the householder, or tenant thereof, to be used as sleeping shall be responsible that such common kitchen is not so used , nor shall . rooms. any passage, lobby, or other place, partitioned off from any sleeping room to the height of the ceiling, be included in the calculation of the cubic capacity available for human habitation . 72. In the calculation of cubic space, for the purposes of the four Children of ten years . preceding sections, two children ten years , or under ten years of age , shall be counted as one person , and every person over ten years of age shall be considered as an adult. 73. No person shall open, or keep open , a common lodging -house, Lodging houses. unless the house is registered , and the keeper thereof is licensed by the Registrar General . [ Amended by Ordinance No. 26 of 1890. ] 74. No person who shall erect a domestic building shall allow the Domestic buildings. same or any portion thereof to be occupied, until such building shall have been previously examined by an officer of the Board , duly authorised by the Board, and certified by such officer as having been built in com pliance with the entire provisions of this Ordinance. 2198 ORDINANCE No. 24 OF 1887 . Public Health. Punishments. 75. Any person who shall not comply with the requirements of sections 67 , 68 , 70 , and 71 shall be liable to a penalty not exceeding fifty dollars , or, in default of payment, to imprisonment not exceeding one month. PART VI. Reimburse 76. All reasonable expenses incurred by the Board in consequence ment of expenses to of any default in complying with any order or notice issued under the the Board. provisions of this Ordinance shall be deemed to be money paid for the use and at the requirement of the person on whom the said order or notice was made, and shall be recoverable from the said person in the ordinary course of law at the suit of the secretary to the Board duly authorised by the said Board. Recovery of 77. The provisions of the Crown Remedies Ordinance, 1875, shall expenses. apply to the recovery of all such expenses , and the certificate required by that Ordinance shall be signed by the secretary. Assaulting 78. Whoever assaults, obstructs, molests , or hinders any member member or officer of the or officer of the Board in the execution of the duties or exercise of the Board . powers imposed or conferred upon him by this Ordinance, shall be liable to a penalty not exceeding two hundred dollars or to imprisonment not exceeding three months . Schedule B. 79. Every notice issued by the Board shall be in the form contained in schedule B to this Ordinance . Manner of 80. Every such notice or order may be served by any officer or serving notices. servant of the Board by delivering the same to or at the residence of the person to whom it is addressed, and when addressed to the owner of any premises it may, if such owner cannot be found , be served by deliv ering the same to some person upon such premises, or if there be no person upon such premises who can be so served, by affixing the same to some conspicuous part of the premises. Penalties. 81. Any person in whose possession there shall be found any food liable to seizure under section 25 of this Ordinance shall be liable to a penalty not exceeding one hundred dollars or to imprisonment not exceeding three months . Do. 82. Any person or persons who shall , in making application for registration or licensing of a common lodging-house, knowingly make any false statements regarding any of the particulars required to be  ORDINANCE No. 24 OF 1887. 2199 Public Health. stated in such application , shall , on conviction before a Magistrate, be liable to a penalty not exceeding twenty-five dollars . 83. Any person who shall contravene any provision of this Ordi- Penalties. nance or of any Bye- Law made thereunder for which no special penalty is provided shall be liable to a penalty not exceeding fifty dollars , or , in default of payment, imprisonment not exceeding three months. Do. 84. All penalties imposed by this Ordinance or by any Bye- Laws thereunder may be recovered in a summary manner before a Magistrate at the suit of the Secretary. 85. Where proceedings under this Ordinance are competent against Proceeding against several persons in respect of the joint act or default of such persons, it several persons. shall be sufficient to proceed against one or more of them without pro ceeding against the others . 86. This Ordinance shall not come into operation unless and until Suspending clause. the Officer Administering the Government notifies by proclamation that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the Officer Administering the Government shall notify by the same or any other proclamation. Schedule A. The following Ordinances or parts of Ordinances and all rules* made thereunder [* See sec. 2.] are repealed : No. 12 of 1856, sections 2, 3, 4, 5, 12, and 13. No. 8 of 1858, sections 19, and 28, sub-section 6. No. 10 of 1872, sections 6, and 7. No. 7 of 1883. Schedule B. Hongkong, 188 . To NOTICE is hereby given to you on behalf of the Sanitary Board that the nuisance specified hereunder is found to exist in your premises No. " ** and that you are therefore hereby required within a delay of [ Sic ] 2200 ORDINANCE No. 24 OF 1887. Public Health. from the time of service upon you of the present notice to abate such nuisance in the manner hereunder set forth . By order of the Sanitary Board. Secretary. Nature of Nuisance. Action to be taken for the abatement of the nuisance. [In force from the 31st May, 1888, by proclamation of same date. Confirmation proclaimed 30th May, 1888, and also proclaimed 9th June, 1888, which cancelled the last mentioned proclamation .] [See sec. 2 of Additional rule made by the Governor in Council the 22nd gazetted 24th May, 1884, Ordinance No. 24 of 1857, and schedule A.] under Ordinance No. 7 of 1883 in relation to the maintenance of order and cleanliness within the Colony of Hongkong. No fertilization or irrigation of land with excretal matter shall be carried on within a distance of fifty yards of any public road or thoroughfare. [06 ] Regulations made by the Governor in Council under the provisions of section 12 of Ordinance 7 of 1883 for the guidance of owners, lessees, or agents of premises proposed to be used as Chinese Emigrant Lodging Houses on the 27th June, and gazetted the 16th August, 1884. 1. The house must be substantially built , be in good repair, clean and have proper drainage. 2. The house drains must not be in direct communication with the public sewers. 3. Each sleeping room must be provided with proper means of ventilation to the satisfaction ofthe sanitary inspector. 4. Each sleeping room must be fitted with proper bunks, the number of bunks in each room to be so arranged as to give an average cubic space of 350 feet for each single bunk, 5. The house must have adequate kitchen accommodation provided with proper means for the removal of smoke , &c. , to the satisfaction of the sanitary inspector. 6. The house must have a proper receptacle for the storage of water.  ORDINANCE No. 24 OF 1887. 2201 Public Health. 7. The house must have proper accommodation for personal washing to the satisfaction of the sanitary inspector. 8. The house must have proper and adequate privy , urinal and ash-bin accom modation to the satisfaction of the sanitary inspector. Additional rules made by the Governor in Council, under section 12 of The Order and Clean [See sec, 2 of Ordinance No. 21 of 1887, liness Amendment Ordinance (7 of 1883), the 27th and gazetted 28th August, 1886. schedule A.] 1. The breaming and repairing of vessels will only be permitted on such portions of the public foreshores of Kowloon near Yaumáti and Hunghòm as are set apart for the purpose and indicated by granite boundary posts painted white. 2. No vessel shall be hauled up on any public foreshore for the purpose of being breamed and repaired except under a written permit from the Captain Superintendent of Police or the Police officer in charge of the district. The conditions under which the permits will be granted shall be subject to the approval of the Governor in Council. 3. Vessels while lying on the foreshores undergoing breaming or other repairs shall be subject to the same sanitary laws as are applicable to tenements on shore, more especially as regards the disposal of waste products and the prevention of accumulations of filth in their immediate vicinity. Rules made by the Governor in Council, under section 5 of The Public Health Ordinance, 1887, (24 of 1887) , the 31st May, and gazetted the 2nd June, 1888. ELECTION BY THE RATE- PAYERS OF MEMBERS OF THE SANITARY BOARD. 1. Elections shall take place at such time and place as shall be previously notified by command of the Governor in the Hongkong Government Gazette . 2. The Registrar of the Supreme Court, hereinafter termed The Registrar, shall in accordance with any such notification summon to an election the persons by law entitled to vote at such election and shall preside at the election . 3. The name of every candidate must be proposed in writing by one elector and seconded by another. 4. No elector will give more than one vote. 5. The voting will be by ballot. 6. The name of every elector voting must be recorded . 7. The ballot box must be opened and the votes counted in the presence of the electors present . 2202 ORDINANCE No. 24 OF 1887. Public Health. 8. Candidates, as such, are not disqualified from voting. 9. In the event of two candidates having an equal number of votes, only one of whom can be elected , their names must be submitted to another ballot. · 10. As to any matters connected with the order of proceeding not hereby provided for, the Registrar shall take such order as he thinks fit. 11. The Registrar shall make a return of the electors to the Governor as soon as conveniently may be after the election . The return must be accompanied for the Governor's information , by : (a.) A list of the electors present at the meeting. (b.) A list of the candidates with the names of their proposers and seconders. (c.) A list of voters . (d.) A statement of the number of votes given for each candidate. Bye-laws made by the Sanitary Board of Hongkong for the compulsory reporting of infectious, contagious or communicable diseases under the provisions of section 13 ofThe Public Health Ordinance, 1887, sub-section 24, approved bythe Legislative Council 2nd January, and gazetted 5th January, 1889. 1. The following bye-laws refer to small-pox only. 2. The words " Medical Practitioner " shall include all persons of whatever nationality who practise medicine whether registered or not under Ordinance No. 6 of 1884. 3. If any inmate of any premises be suffering from small-pox, and if such inmate be under the care of a medical practitioner the said medical practitioner shall forth with furnish the secretary to the Board or the Registrar General with a notification in writing of the name of such inmate and the situation of such premises. 4. If any such inmate be not under the care of a medical practitioner, the occupier or keeper of such premises or part of such premises or the nearest male adult relative living on such premises shall on the nature of the disease becoming known to him or on suspicion of the existence in such inmate of any such disease forthwith notify the same to the secretary to the Board or the Registrar General or the officer in charge of the nearest Police Station. 5. Such notification shall immediately on receipt thereof be transmitted by whom soever received to the secretary to the Board. 6. The secretary to the Board shall upon application furnish every medical prac titioner in the Colony, the Registrar General and every officer in charge of a Police Station with the printed forms of notification to be used.  ORDINANCE No. 24 of 1887 . 2203 Public Health. Bye-laws made by the Sanitary Board of Hongkong for the compulsory vacating of infected premises, and the disinfection and purification of the same under the provisions of sub-section 19 of section 13 of The Public Health Ordinance, 1887, approved by the Legislative Council 7th and gazetted 9th March, 1889 . 1. In the following Bye- Laws the words " infected premises " mean and include any premises in which any person suffering from any infectious disease is or has been recently located . The words " infectious disease " mean and include small-pox and such other diseases as may from time to time be defined by the Board by resolution for the purpose. 2. On receipt of a certificate from a duly qualified medical practitioner that any person suffering from any infectious disease is improperly lodged, the sanitary super intendent shall in case the said person is unwilling to be removed forthwith apply to a Magistrate for an order for the removal of such person under the provisions of section 29 of the Ordinance . 3. When any person suffering from any infectious disease is willing to be removed to a hospital or other suitable place the sanitary superintendent shall with the assent of the patient take such measures as he may deem necessary for the safe and convenient removal of the said patient. 4. When any person suffering from any infectious disease has been removed from any premises or has recovered or has died the sanitary superintendent shall with the assent of the occupiers of the infected premises take such steps as he may deem necessary for the disinfection and purification of the said premises. 1 5. In case of emergency or if for any reason the sanitary superintendent is unable to carry out the duties specified in the foregoing Bye-Laws any officer of the Board authorized by the president for that purpose may act in his place. Bye-laws made under sub-section 6 of section 13 of Ordinance No. 24 of 1887 approved by the Legislative Council the 20th and gazetted 23rd November, 1889. 1. The general surface scavenging of the City of Victoria the Hill Districts and the larger villages in the Colony and the removal of night-soil and cognate matters from the Hill Districts, public buildings and free and licensed latrines shall be carried out by contractors in accordance with the terms and conditions of the contracts for the time being in force. 2. The servants of the various public sanitary contractors shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Sanitary Board. 2204 ORDINANCE No. 24 CF 1887 . Public Health. 3. Except between the hours of 2.30 A.M. and 7 A.M. in summer, and 2.30 a.. and 7.30 A.M. in winter, the conveyance of excretal matters along any public road or street is prohibited . 4. Except between the hours of midnight and 9 A.M. the conveyance of pig-wash or other noxious or offensive waters along any public road or street is prohibited. 5. Except in strong substantial buckets with closely fitting covers the conveyance of excretal matters, pig-wash, or offensive waters along any public road or street is prohibited . 6. The occupiers of any premises, or if there be no occupier the immediate land lord shall make due provision for the daily removal of all excretal matters and house refuse from their premises to the conservancy -boats, and dust-carts, dust-bins or dust boats. 7. Occupiers shall provide themselves with strong substantial moveable dust - bins for the reception of the day's house refuse. Bye-laws made under sub- sections 13, 14 and 16 of section 13 to give effect to section 30 of Ordinance 24 of 1887, approved by the Legislative Council the 20th and gazetted 23rd November, 1889. 1. Annual licences expiring on the 31st day of December of the year in which they are granted shall be issued for the keeping of cattle, swine, sheep , and goats. 2. Any person desirous of obtaining a licence to keep cattle, swine, sheep or goats shall make application to the Board by means of a properly filled -in form , for which purpose blank forms can be obtained from the Secretary to the Board at his office. 3. No building in which cattle, swine, sheep and goats are housed shall be situated nearer than six feet to any dwelling- house and shall not in any way connect with a public or private sewer except with the special permission of the Sanitary Board. Such building shall be lighted and ventilated to the satisfaction of the Board and the flooring thereof shall be of granite slabs concrete or other impervious material and provided with water-tight channels for draining all urine and fluid noxious matters into a water-tight covered sump or such other place as may be approved of by the Board . The sump shall be constructed to the satisfaction of the Board and shall be emptied and the contents thereof together with the solid manure in the building removed daily. 4. Each cow shall have at least 24 square feet nett area of standing room and 360 cubic feet of air- space ; but in no case shall the building be less than 12 feet in height 5. Each sheep, goat and pig shall have at least 8 square feet of standing room and 90 cubic feet of air-space.  ORDINANCE No. 24 OF 1887 . 2205 Public Health. 6. The buildings shall be at all times kept in a cleanly condition and the walls shall be scraped and lime-washed at least once every six months. 7. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals except the storage of fodder, and the space occupied by such fodder shall not be included in the cubic air-space laid down in Bye-Laws 4 and 5. 8. Buildings in which cattle, sheep , goats and swine are housed shall be at all times open to inspection by members of the Sanitary Board or any of the Board's officers . 9. Every licensee or in his absence the person in charge of the animals shall, with all possible speed, report to the officer in charge of the nearest Police Station any and every case of disease occurring amongst his animals. In the event of an animal dying the carcase shall not be removed or buried without an order in writing from an in spector of live stock or from some person authorized by him. 10. The Sanitary Board may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a Police Magistrate for a breach of these bye-laws . 11. In the calculation of cubic space under bye-law 4, two calves - under one year --shall be counted as one cow. 12. In the calculation of cubic space under bye- law 5, two lambs, two kids and two young pigs - under 4 months- shall be counted as one sheep, one goat, and one pig respectively. Government Notification, (No. 169) given and gazetted 26th April, 1890. Notice is hereby given that the Governor in Council has, under section 27 of Ordinance No. 24 of 1887, directed the Old Chinese Cemetery at Shaukiwan to be closed from this date. Bye-laws made by the Sanitary Board of Hongkong and submitted to the Governor under sub-section 1 of section 13 of Ordinance No. 24 of 1887, and approved by Legislative Council 13th October, 1890. (Gazette 18th ofsame month. ) Preliminary Explanatory Notes A. The following notes convey, in general terms, the principles that should guide the design and construction of house-drains. Before proceeding to lay down in detail the instructions which should be attended to, in order to apply the same satisfactorily ; 2206 ORDINANCE No. 24 OF 1887. Fublic Health. it must be observed that no code of instructions can possibly embrace every case that will occur. It must be remembered that no system of house-drainage that has yet been devised, or probably will ever be devised, does away with the necessity for care in use. The real remedy for the inconveniences which are too often experienced from house-drains lies, not in any elaboration of appliances, but in careful construction , careful use, and a reasonably liberal water supply. Without the co-operation of the public , the sanitary authority is almost powerless to effect improvement. It is there fore to be hoped that the public will assist, by insisting on good construction and the proper use of house -drains . B. The object of a house-drain is to carry off, from the dwelling to the street sewer, water fouled by use, together with all the solid or semi- solid refuse which is usually associated • therewith, such as excrement of men or domestic animals , refuse from cooking and the like ; in short, the foul liquid usually known as sewage. C. The house-drain inust be self-cleansing." The sewage as produced in the daily life of the inmates, must flow through the drain with a current sufficiently rapid to sweep along with it all suspended matter, so that no permanent deposit can take place. A drain in which deposit takes place, is a cesspool in disguise, from which offensive emanations find their way into the dwelling ; and from which putrid sewage flows into the street -sewers, making them exceedingly offensive. A badly constructed or badly kept house- drain is, therefore, not only a source of danger to the inmates of the house that it drains, but a public nuisance also . Unless house-drains are well made and properly used , no system of street- sewers, however perfect, can work in a satisfactory manner. D. Water being the agent which cleanses the house-drains, its liberal use by the inmates of the dwelling, is essential to the proper maintenance of house-drains. The sewage must be well diluted . Nevertheless the quantity of water necessary for the proper cleansing of house-drains, is not excessive. The water normally used by the inmates of a dwelling for washing and cooking, is sufficient for this purpose, provided that it is readily obtainable at all times , either in the dwelling, or in close proximity thereto. E. The principal point to be attended to in the design of house-drains , is so to arrange matters that the sewage, as produced , shall flow through them in the most rapid current practicable ; so that all suspended matter shall be swept away at once and completely. F. The speed of a stream flowing through a pipe or channel, of given size an1 shape, depends upon the following conditions : (a.) The inclination of the channel. (b.) The smoothness of its surface. (c.) The volume of the stream .  ORDINANCE No. 24 OF 1887 . 2207 Public Health. The steeper the slope and the smoother the sides of the channel, the swifter will be the current. The greater the volume of the stream , inclination being the same, the greater the speed . Thus ; if a 12" and a 3" pipe have the same inclination the velocity in the 12" pipe would be about twice as great as in the 3" pipe, provided that both were half full. But to fill the two pipes to this extent , the quantity of water passing through the 12″ pipe, would be about thirty-two times that passing through the 3" pipe . But if the same quantity flowed through both pipes, then the current in the 3" pipe, being more con centrated, would flow more rapidly than that in the partially filled, 12" pipe. G. These considerations would lead to the conclusion that the best size, to be used for any house-drain, would be that which would just suffice to carry offthe sewage with the pipe not less than half full. Within certain limitations, this is the case. H. In the case of street-sewers draining large districts, from which the flow of sewage is comparatively regular and capable of estimation, the proper size of sewer may be calculated with some approach to precision.In the case of house- drains, however, such precision is impracticable. The rate of flow is irregular and the quantity of sewage depends upon the habits of the inmates. Were the size of a house- drain calculated to carry off even a most liberal water supply, which is, for practical purposes the measure of the sewage, it would be found , in the vast majority of cases, to be much less than that which experience has shewn , to be applicable in practice . It has been found that a house-drain less than a certain size, is inconveniently liable to stoppages, caused by extraneous matters, such as rags, paper and the like, which occasionally find their way into the best managed house-drains. I. The minimum size of house- drain is usually fixed at from four to six inches in diameter. A four-inch drain, constructed in the usual manner, is probably somewhat small as a minimum ; and a six-inch somewhat large. A diameter of five inches, were this size readily obtainable, would be a better minimum. J. Whenever the minimum size will suffice it should be used. Indeed , subject to the limit laid down in the preceding paragraph, and to certain conditions to be set forth later on, the smaller the house-drain the better. The use of unnecessarily large house- drains amounts to an abandonment of the self- cleansing principle. If a drain is so large that the normal flow of sewage cannot fill it to a sufficient depth to establish a self- cleansing velocity, deposit takes place and goes on, either till the pipe is choked and the sewage escapes, through leaks, to the sub-soil : or, until the deposit has accumulated sufficiently to reduce the area of the sewage- way to that which will establish a current sufficiently rapid to prevent further deposit . K. In order that the size of house-drains may be reduced to the minimum prac ticable, in each instance, rain-water should be excluded from them as far as possible. Rain-water cannot, however, be wholly excluded from house- drains. Many uncovered surfaces such as back-yards, receive slops and foul- water in the course of daily use and 2208 ORDINANCE No. 24 OF 1887 . Public Health. this must be carried off by the house-drains. A duplicate set of drains for such areas, one for sewage and the other for rain-water, would be a costly complication and there would be no security that each set would be used for its proper purpose only. Some sewage would almost inevitably find its way into the rain-water drain, which, being of large size, would be imperfectly flushed and therefore offensive. L. Rain- water should be diverted from house-drains to the full extent that is possible by the use of surface - channels. As a general rule, when surface- channels cannot be used to divert rain-water, it must be admitted to the house-drain . Hence, in the majority of cases, the amount of rain-water to be carried off determines the size of the house-drain . The table, hereunto attached, gives the area from which 4" of rain, falling in one hour, will be carried off by pipes of various sizes , laid at different inclina tions. In providing for the removal of rain-fall, from a given surface, it is to be remembered that it is not sufficient to provide a pipe of ample size to carry off the rain-fall. Traps and gratings must be provided in sufficient numbers and of sizes to admit the rain-water freely to the drain and the surface must have a fall to carry it to the openings. In many cases neglect of these precautions has caused flooding. This has been put down to the size of the pipes, whereas the inlets were really at fault. Rain-water cannot be looked upon as a legitimate agent for cleansing house -drains from deposit . Firstly, there should be no deposit to remove from well constructed and properly managed drains ; and secondly, because there are long intervals in which no rain falls so that this flushing agent fails when most wanted. M. The irregularity and uncertainty of the flow of sewage, which precludes an accurate determination of size, makes it impracticable, to calculate definitely the proper inclination of house-drains. Experience shews that, under the normal conditions of use, an inclination of one in thirty is desirable to ensure a self- cleansing drain ; especially when the drain conveys the sewage from a single trap or inlet. An inclination of one in thirty, therefore, should, as a rule, be given to house-drains. Drains laid at much flatter gradients can be made to work perfectly, with care, and provided that the flow of sewage is copious i. e. sufficient to fill the pipe nearly half full. The designer of house-drains having no control over their subsequent usage, will do well to give them, in every case, the greatest practicable fall. N. The ordinary " trap " or syphon is not a perfect preventive against the escape of sewage-tainted air from house drains , although it is the only appliance available for the purpose. The water which seals the trap may evaporate during disuse, or a piece of fibrous matter may act like a syphon and draw off the water sufficiently to leave a free passage for the escape of sewage-tainted air. Again, if there be a series of inlets. connected to a drain which is unprovided with any free outlet ; a sudden rush of water through one trap will force the air contained in the drain through the other traps or unseal them by drawing off their contents, and open a passage for the escape of sewage tainted air into the dwelling, or into some confined space in its neighbourhood. Con sequently, house-drains must be " ventilated," or rather provided with vents, to  ORDINANCE No. 24 OF 1887. 2209 Public Health. prevent the accumulation of sewage-tainted air therein, and to secure the efficiency of the traps. To effect this thoroughly, the drain must have, at or near its extremities, openings giving a free escape to the air within it, and between these openings, there should be no trap or other obstruction to the free passage of air. O. These ventilating-openings should be so placed that any sewage-tainted air which may escape from them shall be as little offensive as possible. With this object the inner ventilating-opening should be placed above the roof of the dwelling. This is usually done by carrying up a pipe, having a free opening at the top, above the roof ; and at a distance from any window. The second opening is usually made on the house side of the trap which severs the direct communication between the drain and the public sewer. If, however, there be no trap between the house-drain and the sewer then there is no necessity for a second opening, the sewer itself serving the purpose. With a well constructed system of self- cleansing street- sewers this arrangement may be adopted with safety, even with advantage. Then every house-drain ventilator serves as a sewer ventilator also ; and when this is done universally, no accumulation of sewer-tainted air can take place in any part of the system. P. Care must be taken in selecting the position of the lower ventilating opening, because the elevated ventilating pipe by no means secures a permanent upward current of air. According to the relative temperature of the air within and without the drain , to the direction and force of the wind , so an upward or downward current will obtain. Q. Complete ventilation is especially important when any part of the house-drain system is in communication with the interior of the dwelling ; or where the system is extensive and has numerous inlets . It is essential where water- closets are used, or where the drains receive excrementitious matter. In the case of a short length of drain, leading from a single inlet, placed in an open space, such as a back-yard, though desirable, it is less necessary and may be omitted without serious danger. R. Any direct communication between the interior of the house and the house drain shoul be avoided . Pipes carrying water from baths or sinks, within the dwelling, should therefore deliver their effluent above trapped gulleys , in the open air. The effluent from baths or sinks, on upper storeys should , whenever practicable, be received by open- topped pipes, delivering freely above trapped gulleys at or a little below the ground-level . If, as in the case of water-closets, a direct communication has to be made between a fitting inside the house and the drain, then there must be complete ventilation by means of a pipe carried up outside and to the top of the building . BYE-LAWS . 1. Any owner or occupier of private premises about to construct any new drain, Notices. shall give at least seven days' previous written notice of such intention to the Board, and such notice shall be delivered at the office of the Board, in a form of which printed blank copies may be obtained gratis in English and Chinese on application at 2210 ORDINANCE No. 24 OF 1887 . Public Health. the office of the Board , or in the case of the villages -at any Village Police Station, between the hours of 10 A.M. and 4 P.M. Nature of notices. 2. Every such notice shall specify the name of the street , the number of the lot and the number of the house if any, which it is intended to drain and shall be accom panied by a plan in duplicate of the premises drawn on a scale of not less than twenty feet to the inch, and such plan must show the whole of the new drains with their proposed sizes figured thereon , and a section or sections showing the proposed falls or inclination and drawn to the same scale and to a vertical scale of not less than ten feet to the inch . The plan must also show the position and course of all proposed surface gutters. Except that in case of suburban lots which cannot be conveniently included within a plan of ordinary dimensions, when the lot and the out-fall drain may be shown on a scale of not less than one hundred feet to the inch. Approval of 3. Within seven days after receipt of the notice, the sanitary surveyor shall , by plans, &c. means of a written communication , in English or Chinese as may be necessary, inform the person who has given the said notice whether his designs and proposed mode of construction are approved or disapproved, and in case of disapproval such modifications. or improvements as may be requisite in order to comply with the provisions of Ordi nance No. 24 of 1887 and of any bye-laws made thereunder shall be indicated in detail to such person by the sanitary surveyor, and it shall not be lawful for such person to commence the new drains until the approval thereto of the sanitary surveyor shall have been previously obtained by him, and in the case of such approval one copy of the deposited plan shall be returned to him, and the remaining copy shall remain filed in the office of the sanitary surveyor. NOTE.-The approval of plans conveyed by the sanitary surveyor under this bye-law certifies simply to the fact that the plans are in accordance with the Fublic Health Ordinance and with the bye-laws made thereunder but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Board. Lighting excava 4. Any person carrying out excavations for new drainage works on any premises tions, &c. contiguous to a public thoroughfare whereby the safety of the public may be jeopard ized , shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen , erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties. Materials and 5. House-drains shall be made of impervious materials with smooth internal jointing. surfaces, such as well glazed earthen-ware pipes or cast-iron pipes protected against rust or corrosion by suitable asphaltic coating. The drains shall be so constructed as to be water or air-tight . In jointing pipes with cement, tarred-hemp shall be caulked into the joint before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes ; and any such projecting material or other irregularities in the bore of the drain shall be carefully removed.  ORDINANCE No. 24 OF 1887 . 2211 Public Health. 6. House-drains shall be firmly bedded in selected material free from large stones and well rammed into place. 7. All stoneware pipes shall be well glazed and free from cracks and flaws and Materials, stone ware pipes. shall have a thickness of not less than one twelfth of their diameter . 8. Disconnecting chambers shall be red brick manholes fitted with stoneware traps Materials, disconnecting and ventilating grates of iron or stone. chambers. 9. Lime mortar used for the building of manholes shall be composed of three Materials, lime mortar. parts of sand or red earth and one part of good lime . 10. Lime concrete used for encasing new drains shall be composed of four parts of Materials, lime Concrete. good sound clean stone, broken to half inch cubes, two parts of red earth and one part of lime thoroughly well mixed and well rammed into place. 11. Cement mortar used for the jointing of pipes or any other work shall be mixed Materials, cement mortar. in the proportions of three parts of clean sharp sand and one part of good Portland cement and used fresh. 12. No main house-drain shall be less than six inches in clear internal diameter. Size of drains. 13. Subject to the limitation mentioned in the preceding bye-law, no main house Size of drains. drain shall be larger than is necessary in the opinion of the Board to carry off the sewage of the dwelling, or the sewage with the rain-water, which, under conditions hereinafter specified in bye-laws Nos. 38, 39, 40 and 41 shall be admitted to the house drain. 14. Every house-draiu shall have the maximum fall throughout its length, that Fall to drains. the relative levels of the public sewer and of the most remote inlet, will admit of. Provided always (a) That the maximum available fall does not exceed one in thirty (or 4 inches in 10 feet . ) If does, then the part of the drain, more remote from the public sewer, may be laid with a fall of one in thirty ; and the remainder, with such greater fall as may be necessary to connect with the public sewer. (b) That the excavation , necessary to obtain the maximum available fall, is not of such a nature as to endanger the stability of the adjoining or neighbouring property. In these and similar cases the gradient may be reduced subject to the approval of the Board. 15. Whenever a reduction of fall, (below the standard grade 1 in 30) is necessary Fall to drains. or permissible, it shall, wherever practicable, be made in the portion of the drain , nearest to the outlet, rather than in the part nearest to the inlet and in the main trunk of the drain, rather than in the branches . NOTE. The available fall in a house-drain, 100 feet long, is 2′ 6" or one in forty. It will be better to make the first thirty feet from the inlet, with a fall of 1 foot, or 1 in 30 ; and the remaining length of 70 feet with a fall of 1 in 46 ·66, than to give an uniform fall throughout. 2212 ORDINANCE No. 24 OF 1887. obstruction Public Health. available removed , istant aggradient uniform ranch proper ecause pursue flowing ; reater course would behind thirty stream would below eing srain would nould would ,there thirty easily ith Then water .1ihave long only dfeet afrom long give more clear nrhe feet have head than have frominlet 1foot then feet nd CD pipe oue that all CD At fect 60 C ian rnnd nd " all one 1′8″CA .one the B 90 be ,bthe a40 to he af224 D. si1'4 C fin ,oof nix adA be 40 all ;D B an be ,w T 4 of ,30 of tin is to ;oof -60 at B in a ,i1It B b it is it w '4 <2'6">[ V tmomentum cattained ending hrough ertain flatter carry have pipe .part ,awill the etween ofon to it aeet nd b,ffall 3B. of A same level the B. at as uniform given 1irain main were AB nhen 46,6 fall the 1IN ,tan -d30 of If 40 B 1 I N 100 ' 06 B 60' V -40 ' 31I0N ·> 6.g. )(2. Fallto drains 16. Whenever the gradient of any portion of a drain is less than one in thirty, and flush. the Sanitary Board may in its discretion require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be used. Change of direction. 17. All changes of direction in house- drains shall be made by means of properly curved pipes or by half channels in manholes and between the points at which any change of direction occurs all house-drains shall be laid in straight lines and regular grades from point to point. NOTE.—( Inasmuch as changes of direction are the points at which obstructions most frequently occur, and for the purpose of removing obstructions generally, house-holders will do well to provide, at each change of direction, a manhole, giving access to the drain. For this purpose the manhole should be made 3′ 0″ × 1' 6" to the surface or to a depth of five feet above the drain. Beyond this depth the manhole may be narrowed to l′ 6″ × 1′ 6″). But such manhole should not be found in cook-houses or in places where they may be opened and used as receptacles for the disposal of solid rubbish.  ORDINANCE No. 24 OF 1887. 2213 Public Health. 18. No drain shall be so constructed as to pass under any building except when Drains under buildings, &c. any other mode of construction is impracticable. Any drain passing under a building shall, whenever possible, be laid in one straight line for the whole distance beneath such building, and shall be imbedded and incased throughout its entire length in four inches of good concrete. Whenever a drain traverses soft or yielding ground, or where water may make its appearance in the trench, the drain shall be surrounded throughout its entire length with four inches of good concrete. The stones composing the matrix of the concrete in both cases shall be of a size to pass through a half- inch ring. 19. No new drain shall be constructed in such manuer as to allow any inlet to Inlets. such drain to be placed inside any building on such premises. 20. The aggregate area of the openings in any grating fixed on inlets to waste Size of openings in gratings. pipes from baths or sinks shall not be less than four square inches and the waste -pipe shall not have a less internal diameter than 1 inches. NOTE. The object of this is to secure an efficient flush. 21. Traps or gulleys for the removal of rain-water shall be provided with gratings Traps. having the uett area of the openings not less than twice the area of the trap or pipe . Such gratings shall be sunk to a depth of at least one inch below the surrounding pavement, with a slope round them equal to half the width of the grating. NOTE. It is not sufficient to provide pipes of ample diameter there must be openings of sufficient size to admit the rain to them. 22. Traps at the inlets to drains shall be placed so that the water-level in them Traps. is not less than one foot below the ground, and such trap shall be placed as low down as the level of the house-drain or branch will permit of ; provided that the depth be not more than two feet. 23. Traps shall have not less than two inches of water seal and shall be securely Traps. fixed to the drain. All stoneware traps shall be surrounded with a thickness of four inches of lime concrete. 24. No person shall construct or fix in connexion with any new drain or waste Form of traps. pipe the form of trap of the kind known as the bell-trap or any trap of the kind known as the D trap and all traps connected with any private drains shall be properly set in cement mortar to the satisfaction of the Board. NOTE.- Bell-traps and D traps from their form give rise to deposit of filth difficult to remove by flushing. 25. Every main house- drain, wherever practicable, shall be ventilated at its upper Ventilation. * end by an opening, in free communication with the outer air. This opening shall be placed in such a position, as to render any emanations from it as little obnoxious as possible. NOTE. (This is, in most cases, to be done by carrying up a well-jointed pipe, not less than four inches in clear internal diameter, to some point , above the eaves of the building, which is not in close proximity to any window or chimney. In the case of rural or suburban tenements, the ventilating opening may be provided on any eminence, or open space at a distance from the dwelling ; the venti lating pipe and opening, in this case, being not less than four inches in internal diameter.) 2214 ORDINANCE No. 24 or 1887. Public Health. Ventilation. 26. Every main house- drain shall have a ventilating opening near to its lower end and no trap or other obstruction to the free circulation of air shall exist between this opening and the one described in the preceding bye-law. If there be a trap between the house-drain and the public sewer, then an opening shall be made on the house-side of the trap, and the said opening shall be so arranged as to give access to the trap for inspection , cleansing or repair. If there be no trap between the public sewer and the house-drain no special opening need be provided at the lower end. Ventilation. 27. Drains leading from a single trap and not being more than sixty feet long, need not be provided with an elevated ventilating opening at their upper end but if this be omitted, they shall be provided with a trap, disconnecting them from the public sewer, and shall have a ventilating opening at the lower end on the house-side of the trap. Ventilating 28. Ventilating and fall pipes of stoneware shall be securely fixed to the exterior pipes. surfaces of walls with wrought iron bands fitted round the pipe and made fast to the wall with two wrought iron spikes not less than four inches in length . Metal pipes shall also be fixed as above or shall have two ears fixed to them and secured to the wall with two wrought iron spikes, not less than four inches long. Down-pipes, 29. Down-pipes, conveying rain-water from roofs , shall be constructed of cast or welded wrought-iron , and when the down-pipe discharges into the house-drain it shall be completely disconnected therefrom, as described in bye- law No. 31 and fitted with a bend, shoe or pedestal pipe. Wherever practicable, the rain-water down-pipes on the street side of buildings, shall be carried under the footpath and discharge into the side-channel. NOTE. - It is most important that such pipes should be completely disconnected from the sewers so that they cannot by any possibility serve as conduits for conducting sewer air up and into the dwelling. Waste-pipes. 30. Waste-pipes from baths, sinks and other similar appliances, on the upper floors of buildings shall be of cast-iron socketted pipes or wrought- iron welded- pipes with screwed joints coated with bituminous composition , or in the case of wrought- iron, galvanised ; or of well glazed stone-ware socketted pipes, or other approved materials , securely fixed outside the wall, and provided , at each point of connection, with a suitable head, and at their lower extremity with a bend, shoe or pedestal pipe . All joints of stoneware pipes to be made in the manner provided for in bye- law 5. NOTE.- Zinc, tin-plate, rivetted or lap-jointed sheet-iron will not be approved. Waste-pipes. 31. Waste-pipes, as well as down-pipes from roofs, shall not be connected direct with any drain but shall discharge in the open air near to or over a trap and they shall be brought down to within one foot or less from the ground. Rain-water 32. No rain water-pipe from the roof of a building shall be used as a ventilating pipes. shaft to any drain which communicates or is designed to communicate with a public sewer. NOTE. Rain water-pipes terminate at the caves of the house a point not high enough above windows to be a safe ventilating outlet.  ORDINANCE No. 24 OF 1887. 2215 Public Health. 33. Any person who may have laid any new drain or constructed new drainage Covering up drains. works connected therewith shall not cover up such drain or works until the same shall have been previously inspected and passed by the Board, and such person shall give three clear days ' written notice to the Board that such drain or works are ready for inspection, and such notice shall be delivered at the office of the Board in a form of which printed blank copies may be obtained gratis in English and Chinese on application at the office of the Board, or in the case of villages at any Village Police Station, between the hours of 10 A.M. and 4 P.M. 34. Before any drain is covered in, it shall be inspected and tested to ascertain Inspection of drains. whether it is water or air-tight ; and no drain that fails in this respect shall be passed. After inspection, the earth shall be carefully filled in, above and around the drain ; and thoroughly rammed and consolidated. For a depth of at least six inches, above the summit of the sockets of the pipe, selected material, free from stones larger than will pass through a 2″ ring, shall be used in filling in the trench. 35. The floors of cook-houses, stables, cow- sheds and the like, where practicable Floors of cook houses, &e. shall be elevated above the ground outside the dwelling, and be provided with surface channels, passing out through the wall, and delivering above a trapped-gulley, outside . When new drains are being laid and where the floor is at the level of the ground outside, the surface- channel of the cook-house, shall be connected to a trap, outside the house, by a straight open pipe, terminating above the water- level of the trap, which shall be accessible and in free communication with the air. 36. The floors of cook-houses, latrines, privies, back-yards shall be paved with Floors of cook houses, &c. some impervious and durable material, such as granite setts, or vitrified bricks, laid on a bed of good concrete not less than four inches thick, and pointed with good mortar, or with good concrete laid in a bed not less than six inches thick and rendered with cement, and shall have a fall from the walls to the outlet of at least a inch to the foot. 37. All surfaces of back-yards and paved areas of premises wherever practicable Fall of yards, &c. shall have a fall, from the walls of the building towards the trap or inlet of the drain, at the rate of not less than au inch to 1 foot, and such inlet shall be placed as far from the walls as practicable. 38. Open surfaces such as back-yards, court -yards or other spaces, on which Openings into drains in yards, slops are thrown, or from which foul waters flow, shall be provided with trapped con &e. nections to the house-drains, for the removal of such waters, as well as some of the rain-water. But such surfaces shall be properly paved, in the inanner prescribed for back-yards and cook-houses, so that no sand or silt may be washed into the drains from them. 39. Wherever an outlet is available, surface channels shall be provided to carry Surface channels. excessive rain-fall from premises and these channels shall be properly connected with the storm -water channel, in the street. Traps not less than 4 inches in diameter in connection with the house-drain shall be placed in this surface- channel, which will -carry off slops or sewage, as well as some rain-fall. 2216 ORDINANCE No. 24 of 1887 . Public Health. Diversion of 40. Rain-water shall be diverted from house -drains by means of surface channels rain-water. or otherwise to the fullest extent practicable. Admission of rain-water. 41. The rain-water from roofs, which slope towards enclosed court-yards, or back-yards, may, if diversion to the surface channel is impracticable, be received into the house- drain . But no ventilating pipe shall be used for the conveyance of rain water from the roof. Sub-soil drains. 42. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such position as to communicate direct with any sewer, cess-pool or drain used for the conveyance or reception of sewage . NOTE.— It is important to exclude sewage tainted air from the sub-soil . The connection of sub soil drains to sewers even if a trap is used is objectionable, because in dry weather the flow of the drain may cease and the water or the trap may dry up and leave a free communication between the sewer and the sub-soil drain. The object of sub-soil drainage is not only the removal of water, but the aeration of the sub-soil. The mouths of such drains therefore should be so placed that pure air can enter freely, a condition incompatible with direct connection with sewers or house-drains. New drains and 43. In every case where the course of a new drain shall be diverted , any cesspool cess-pools. previously existing and into which such new drain may have previously emptied , shall be cleansed , deodorized and filled with clean earth. New drains. 44. All new drains or drainage works, shall be built and carried out in all respects in accordance with the provisions of Ordinance No. 24 of 1887 and of these bye - laws and of any that may be made hereafter and if no written notice as provided in bye-law No. 1 shall have been given to the Board by any person about to construct, reconstruct, alter or amend any new drain on his premises, and if by such default the Board shall have had no opportunity of inspecting and approving or disapproving of new drains. actually built and already covered in, it shall be lawful for the Board on discovering the existence of such new drains or works to call upon the owner to open and uncover the same for the purpose of inspection and should such new drains or works prove upon inspection to be defective either in respect of design, workmanship or materials they shall be deemed a nuisance and dealt with as such . Carrying out of 45. All works connected with the construction of new drains and drain - connec works. tions shall be carried out in strict accordance with the plans and sections previously submitted to and approved by the Board, or with such amendments to such plans and sections as may have been required by the Board, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds and shall be subject during their progress to the continuous control and supervision of the officers of the Board appointed in that behalf and shall be completed to the entire satisfaction of the Board. 46. These bye-laws shall come into force on and after the 1st day of January, 1891 , and the bye-laws dated the 17th day of November, 1888, and published in the Government Gazette of the 24th November, 1888, are hereby repealed as from the 1st day of January, 1891 .  ORDINANCE No. 24 OF 1887 . 2217 Public Health. Bye-laws made by the Sanitary Board under sub-section 5 of section 13 of Ordinance No. 24 of 1887, and approved by the Legislative Council 16th February, 1891, ( Gazette 21st February, 1891.) LATRINE. 1. Every public latrine together with its fittings shall be kept at all times in a thorough state of repair. 2. Every public latrine shall be kept, at all times, in a cleanly condition. 3. While open to the public , every latrine shall have at least one able-bodied adult attendant constantly on duty therein . 4. All the partitions, seats, floors and channels of every public latrine as well as all utensils therein, shall be thoroughly scrubbed at least once every day with such detergent and deodorant of such a strength as the Board may from time to time approve. 5. The whole of the interior walls of every public latrine shall be lime-washed and any fittings made of wood shall be tarred at least once every lunar month . 6. Fumigants of such description as may be approved of by the Board shall be kept burning in every latrine while it is open to the public. 7. The contents of soil pans in public latrines shall be kept covered with either earth, saw-dust, opium-packing or such other suitable material as the Board may approve of. 8. The soil and urine collected in public latrines shall be removed therefrom daily by the public conservancy contractor as provided for by the terms and conditions of his contract. 9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted. 10. Any building used as a public latrine shall not be used as a dwelling. Government Notification of the 20th gazetted 21st March, 1891. Notice is hereby given that the Governor in Council has selected and appointed the sites hereinafter described as cemeteries or places of burial for Chinese, under the provisions of Ordinance 24 of 1887 , namely :-- : KAULUNG. Situated on the north side of the road from Yaumáti to the village of Mat‘auwai, and near this village and within a short distance of the limits of British territory. The site is an irregular figure bounded by Government ground, measuring on the north , 520 feet ; south, 300 feet ; cast, 290 feet ; west, 520 feet. SHAUKIWÁN. Situated at Shaukiwán bounded on the north by a line of boundary stones, on the west by a nullah, and on the east and south by the shore of Sywan Bay. The limits have been marked out by boundary stones. 2218 ORDINANCE No. 24 OF 1887 . Public Health. SHEKÒ . Situated about of a mile to the north-east of the northern portion of the village of Shekò ; bordered by the cliff facing the sea on the east, and on the three other sides by Government ground, measuring on the north, 550 feet ; south, 500 feet ; east , 340 feet ; west, 300 feet. STANLEY. Situated about } of a mile to the south -east from the Stanley barracks ; bordered on the south- east by Tytam Bay on the north-west, east and west sides by Government. ground, and measuring on the north-west, 480 feet ; south-east, 520 feet ; east, 560 feet ; west , 500 feet. ABERDEEN. Situated on the promontory a mile to the south-east of the village of Aberdeen, and bordered on the southern side by the Aberdeen channel , and on the north, east and west by Government ground, measuring on the north, 1,200 feet ; east, 300 feet ; west, 350 feet. NOTE -- For superseded, or repealed notifications, rules, etc., see : Government Notification as to Cemeteries for Chinese at Mount Davis, Gazette 19th June, 1856. Government Notification as to Cemeteries for Chinese at Yaumatze, Gazette 2nd December, 1871 . Rules and regulations as to scavenging in the City of Victoria of the 13th June, 1883, Gazette of the same date. Rules and regulations as to scavenging in out-districts of the 13th June, 1883, Gazette of the same date. Instructions to senior and other inspectors of nuisances of the 20th June, 1883, Gazette 23rd ofthe same month. • Instructions to Police officers in charge of out-stations of the 20th June, 1883, Gazette 23rd of the same month. Rules and regulations as to scavenging in Hill Districts of the 10th August, 1883, Gazette 18th of the same month. Sanitary conditions of licence for keeping cows, etc., of the 8th September, 1883, Gazette of the same date. Additional instructions to inspectors of nuisances ofthe 21st November, 1883, Gazette 24th of the same month. Government Notification as to Cemeteries for Chinese at Kaulung, Shauki wan, Sheko, Stanley and Aberdeen, of the 5th June, 1885, Gazette 6th of the same month. Bye-laws of the 17th November, 1888, Gazette 24th November, 1888. Advertisement as to Cemetery for Chinese at Shaukiwan of the 19th July. 1889, Gazette 23rd ofthe same month. Government Notification as to Cemetery for Chinese at Shankiwan of the 17th July, 1890, Gazette 19th ofthe same month.  ORDINANCE No. 25 OF 1887 . 2219 Revenue. No. 25 of 1887. An Ordinance to authorise the Appropriation of a Supplement ary Sum of Three hundred and Ninety - two thousand Four hundred and Sixty - two Dollars and Thirty Cents to defray the Charges of the Year 1886. [ 23rd March, 1888. ] HEREAS it has become necessary to make further provision for W the public service of the Colony for the year 1886 , in addition to the charge upon the revenue for the service of the said year already pro vided for : Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows : 1. A sum of three hundred and ninety-two thousand four hundred and sixty-two dollars and thirty cents is hereby charged upon the revenue of this Colony for the service of the year 1886 , the said sum so charged being expended as hereinafter specified ; that is to say : -- ESTABLISHMENTS : Governor, .... $3,443.29 Observatory , 602.31 Collector of Stamp Revenue, 338.00 Judicial, 1,288.20 Ecclesiastical, 602.68 Medical,... 979.66 Police Magistrates , 115.86 Gaols , ..... 62.28 $ 7,432.28 - SERVICES EXCLUSIVE OF ESTABLISHMENTS : Surveyor General , -Sanitary , $ 1,729.63 Postmaster General, 25,218.85 Medical.. 2,507.54 Police Magistrates, 578.89 Gaols, ..... 3,260.56 Fire Brigade, 124.88 Works and Buildings, ... 20,356.78 Miscellaneous Services, ………… . 25,117.98 Military Expenditure , 6,374.68 Interest ,... 4,412.28 $ 89,682.07 Carried forward, ......... $ 97,114.35 2220 ORDINANCES Nos. 25 AND 26 OF 1887 . Revenue. Broughtforward,………………….. $ 97,114.35 EXTRAORDINARY EXPENDITURE : . Extraordinary Public Works, ………… ......... 129,446.50 Military Defence Works, .... 165,901.45 $295,347.95 TOTAL..... $392,462.30 No. 26 of 1887. An Ordinance to apply a sum not exceeding One million One hundred and Seventy-six thousand Four hundred and Forty-nine Dollars to the Public Service of the Year 1888. [ 29th June, 1888. ] WHEREAS the expenditure required for the service of this Colony for the year 1888 has been estimated at the sum of one million one hundred and seventy-six thousand four hundred and forty-nine 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 one hundred and seventy - six thousand four hundred and forty -nine dollars shall be and the same is hereby charged upon the revenue of this Colony for the service of the year 1888 , and the said sum so charged may be expended as hereinafter specified ; that is to say : ESTABLISHMENTS : Governor, $ 8,775 Colonial Secretary, 9,428 Audit Office, 4,808 Colonial Treasurer, 6,424 Clerk of Councils, ...... 340 Surveyor General , 67,794 Postmaster General, 27,408 "... Registrar General ,. 12,230 Harbour Master, 44,362 Carried forward , ......... $ 181,569  ORDINANCE No. 26 OF 1887 . 2221 Revenue. Brought forward, ..... $ 181,569 Lighthouses , 6,508 Observatory, 6,420 Collector of Stamp Revenue, 4,822 Government Gardens and Plantations , 7,818 Judicial, .... 35,597 Ecclesiastical, 1,158 Educational, 35,687 Medical , ....... 22,222 Police Magistrates, ... 7,686 Police, 160,742 Gaol, ...... 27,336 Fire Brigade,.. 9,750 $507,315 SERVICES EXCLUSIVE OF ESTABLISHMENTS : -- Colonial Treasurer, ... $ 3,598 Surveyor General, 2,700 Postmaster General , 68,000 Government Gardens and Plantations , ... 13,000 Judicial , 860 Ecclesiastical, .. 1,220 Educational, 23,400 Medical, .... 16,023 Police Magistrates, .. 390 Police, ..... 44,570 Gaol, 22,700 Fire Brigade, ..... 5,800 Charitable Allowances , 4,000 Transport, .... 4,500 Works and Buildings, 54,000 Roads, Streets , and Bridges , 55,500 Miscellaneous Services , ……………… 116,446 Military Expenditure , 137,235 Interest on Loan , and Sinking Fund, ... 95,192 $ 669,134 GRAND TOTAL,..…………………………………………………….. $ 1,176,449 1 1  ALPHABETICAL TABLE OF PROCLAMATIONS , RULES , REGULATIONS , BYE - LAWS AND ORDERS , &c . IN FORCE Under or in relation to the Ordinances in the preceding IV Volumes . SUBJECT MATTER. DATE. ¦ ORDINANCE UNDER OR IN VOL. PAGE. RELATION TO WHICH MADE . Adhesive Stamps, -Order as to 4th June, 1886, No. 16 of 1886, s. 5, Vol . IV, 2006 Anchorages for Junks, 29th May, 1886, No. 8 of 1879, s . 38 , Vol. III, 1555 "" for Men-of-War, 25th June, 1886 , No. 20 of 1886 , s . 1 , Vol. IV, 2020 Assignment ,-Deeds of, where no or nominal consideration, -Order as to duty on .... 8th Oct., 1886 , No. 16 of 1886 , s . 5 , Vol. IV, 2007 Bankruptey - General Orders, 15th Augt., 1864, No. 5 of 1864, s . 7 , Vol. I, 641 Baptism, Registration Fee ( See Births and Deaths Registration). Bills of Exchange, -Order as to duty on 7th April, 1887, No. 16 of 1886 , s . 5 . Vol. IV , 2007 Billiard Table Licence Fee, -Order as to 8th July, 1875 , No. 17 of 1870, s . 2, Vol. II, 1085 Births and Deaths , (Baptism Registra tion Fee ), - Order as to 12th Feb. , 1874, No. 17 of 1870, s . 2 , and Vol. II, 1085 see No. 7 of 1872 , s. 9, Boats Licensing Regulation, 21st Dec. , 1889, No. 8 of 1879 , s . 39, Vol. III, 1557 Boats for Water, "" 28th Dec., 1889, No. 8 of 1879, s. 39. Vol. III, 1563 Bowling Alley Fee, -Order as to 8th July, 1875, No. 17 of 1870, s . 2 , Vol. II, 1085 Breaming and repairing vessels, --Rules, 27th Aug. , 1886 , No. 7 of 1883 , s . 12 , Vol . IV , 2201 (see No. 24 of 1887, s. 2. ) Cargo boats & e ., licensing, 21st Dec., 1889 , No. 8 of 1879, s. 39 , Vol. III, 1557 Cattle Depot Farms, Conditions, - (See next_title) . NOTE.- Rules, regulations, &c., forming schedules to Ordinances are not tabulated ; only Proclama tions printed in full are tabulated 2 ALPHABETICAL TABLE OF PROCLAMATIONS , &c. , - Continued. ORDINANCE UNDER OR IN VOL. PAGE. SUBJECT MATTER. DATE. RELATION TO WHICH MADE. Cattle Diseases Slaughter Houses and Markets, Order as to Hung-hom Market, ... 8th Jan. , 1888, No. 17 of 1887, s. 16, Vol. IV, 2148 Orders as to Cattle Diseases Bye Laws, .... .... 13th June, 1889 , No. 17 of 1887 , s. 2, Vol. IV, 2148 Conditions as to Slaughter-Houses Farms, 16th Dec. , 1889, No. 17 of 1887, s. 8, Vol. IV, 2148 Conditions as to Cattle Depôt Farms, 16th Dec., 1889, No. 17 of 1887 , s . 2, Vol. IV, 2149 Conditions as to letting of Market Buildings, 21st May, 1890, No. 17 of 1887, s. 18, Vol. IV, 2149 I Additional bye-law as to Slaughter Houses, 21st May, 1890, No. 17 of 1887, s. 15 , Vol. IV, 2150 Cattle, Swine, & c., &c ., Bye-laws as to keeping 20th Nov., 1889 , No. 24 of 1887 , s . 13, | Vol. IV, 2204 Certificates of competency , -Notifica tion, 3rd May, 1884, No. 8 of 1879, s. 15, Vol. III , 1553 Certificates of competency, -Regulation, 14th June, 1890, No. 8 of 1879, s. 13, Vol. III, 1562 Chai Mui and other games, Regulations, 27th Sept., 1872 , No. 10 of 1872, s. 5, Vol. II, 1140 Chair licences in Hill District, -Condi tions of .... 12th June , 1888, No. 21 of 1887 , s . 3, Vol. IV, 2168 Chinese Cemeteries, ― Notification as to Sankiwan, 26th April, 1890 , No. 24 of 1887, s. 27, Vol. IV, 2205 Notification as to Kaulung, Sauki wan, Sheko, Stanley, Aber deen, 20th March., 1891 , No. 24 of 1887 , s . 27, Vol. IV, 2217 Chinese Emigrant Lodging Houses, Conditions,..... 27th June, 1884, No. 8 of 1858 , s. 18, Vol. 1, I, 419 Regulations, 27th June, 1884. No. 7 of 1883, s. 12, Vol. IV, 2200 (See No. 24 of 1887,8.2.) Chinese Recreation Ground, Regula tions, 22nd July, 1887 , No. 8 of 1870, s . 2. Vol. II, 1057 Chinese Undertakers, Regulations, ...... 16th May, 1889, No. 21 of 1887, s. 3, Vol. IV, 2169 Circulars, &c ., Local Delivery ; Order, 4th Jan., 1888, No. 1 of 1887, s.s. 8, 10, Vol. IV, 2083 Civil Pensions, (Minute regulating) ... 5th May, 1862 , No. 10 of 1862, s . 1, Vol. I, 532  ALPHABETICAL TABLE OF PROCLAMATIONS, &c. ,- Continued. 3 ORDINANCE UNDER OR IN SUBJECT MATTER. DATE. VOL. PAGE. RELATION TO WHICH MADE. Conversion of British Currency, Governor's Proclamation, 22nd Jan., 1864, No. 1 of 1864, s . 1 , Vol. I, 573 Order and Procl . of H.M. in Council, 9th Jan., 1863, No. 1 of 1864, Vol. I, 574 Courts of Survey, -Rules for 14th Nov. 1882, No. 8 of 1879, s. 13, ( 11 ) Vol. III, 1549 Crown Fees , Order as to Baptism Registration,.. 12th Feb., 1874, No. 17 of 1870 s. 2, ( See Vol . II, 1085 Ord. No. 7 of 1872 , s . 9.) Order as to Billiard Tables , Bowl ing Alley Fees, No. 17 of 1870 , s. Sth July, 1875 , 2, Vol. II, 1085 Order as to Passport, 24th July, 1875, No. 17 of 1870, s. 2, Vol. II, 1086 Regulations as to Intoxicating 23rd July, 1886 , No. 17 of 1870, s . 2, Vol. II, 1086 Liquors, Vol. IV, 2037 (sce No. 21 of 1886 , ) —— Dangerous Goods, Order as to Phosphorus, 26th March, 1877 , No. 8 of 1873 , s. 7, Vol. II, 1187a Form of special licence for storage of Petroleum……………. 4th May, 1880, No. 8 of 1873, s. 11 , Vol. II, 1187a Conditions for storage of Kerosine, 11th April, 1881 , No. 8 of 1873, s . 11 , Vol. II, 11876 "" 99 99 21st Oct., 1882, No. 8 of 1873, s . 11 , Vol. II, 1187c Regulations for Kerosine Licences, 16th April , 1884, No. 8 of 1873 , s. 11, Vol. II, 1187c Bye-laws as to carriage of danger ous goods, 10th Feb., 1886, No. 8 of 1873, s. 8, Vol. II, 1187d Deed of Assignment (see Assigument) . Distilleries licences , -Order as to 3rd Sept. , 1886 , No. 21 of 1886, Vol. IV, 2037 Drains (House), Bye-laws as to (See House Drains). Drum beating in harbour, -Regulation, 27th Aug., 1886 , No. 20 of 1886 , s . 1, Vol. IV, 2020 Emigrant Lodging Houses (see Chinese Emigrant Lodging Houses). Extradition,—Order of H. M. iù Council 20th March, 1887 , No. 11 of 1875 , Vol. III, 1389 Fairways, Regulations as to ....... 25th June, 1886 , No. 20 of 1886 , s . 1, Vol. IV, 2019 Fertilization of land by excretal matter, Rule, 22nd May, 1884, No. 7 of 1883 , Vol. IV, 2200 (See Ord. No. 24 of 1887, s. 2.) Fire Brigade Regulations, 28th Aug., 1882 , No. 4 of 1868 , s. 5 , Vol. II, 993 99 8th Dec., 1882 , No. 4 of 1868 , s . 5, Vol . II, 997 4 ALPHABETICAL TABLE OF PROCLAMATIONS , & c ., -- Continued. DATE . ORDINANCE UNDER OR IN SUBJECT MATTER. VOL. PAGE. RELATION TO WHICH MADE . Fire-arms,-Discharge of in harbour Regulations, 25th Nov. , 1880, No. 8 of 1879, s. 28 , Vol. III, 1547 Fireworks, Letting off in harbour, Regulations, 27th Aug., 1886, No. 20 of 1886 , s. 1, Vol. IV, 2020 Gaol Regulations (see Prison) . Gaming houses ,-Regulation as to Po lice duties,. 30th Nov., 1887 , No. 14 of 1887 , s . 19, Vol. IV, 2126 Garden (Public ), -Regulations, .... 3rd May, 1872, No. 8 of 1870, s. 2, Vol. II, 1056 Good order and cleanliness , -Verandah Regulations, ...... 28th Dec. , 1854 , No. 14 of 1845 , Vol. I, 171 Granite dressing, Regulations, .... 27th Sept., 1872 , No. 10 of 1872 , s. 3, Vol. II, 1140 Gunpowder Storage,-Scale of Charges, 21st Aug., 1885, No. 8 of 1879, s . 37, Vol. III, 1553 -99 99 Regulations, 17th Sept. , 1885 , No. 8 of 1879, s . 37 , Vol. III, 1554 Harbour Regulations, As to Fairways, As to Men-of-War Anchorage,... As to Vessels under 50 tons 25th June, 1886 , No. 20 of 1886 , s. 1 , Vol. IV, 2019 burden, .... As to Steam Whistles, Beating drums, discharging fire works, &c .,...………… 27th Aug., 1886, No. 20 of 1886 , s. 1 , Vol. IV, 2020 Hawkers,-Regulations, 27th Sept., 1872, No. 10 of 1872 , s. 3 , Vol. II, 1139 99 13th May, 1890, No. 10 of 1872, s. 3, Vol. II, 1140 99 Conditions of licence, 29th May, 1890, No. 21 of 1887, s. 3, Vol. IV, 2169 Hongkong & Shanghai Bank, Proclamation as to Bank's capital, 15th Dec. , 1866, No. 5 of 1866, s. 6, Vol. II, 900 Government Notification 99 13th Aug., 1867 , | No. 5 of 1866, s. 10, Vol. II, 900 Proclamation 99 12th July, 1884, No. 5 of 1866 , s . 5, Vol. II, 900 House Drains, -Bye-laws as to 13th Oct. , 1890, No. 24 of 1887 , s. 13 ( 1 ) Vol . IV, 2205 Hunghom Market ,-Order as to ...... 8th Jan., 1888 , No. 17 of 1887, s. 16, Vol. IV, 2148 Infected Premises, Bye-laws as to compulsory vaca tion, 7th March, 1889, No. 24 of 1887 , s . 13 ( 19) | Vol. IV, 2203 Infectious Diseases, Bye-laws as to compulsory report ing,. 2nd Jan., 1889, No. 24 of 1887 , s . 13, ( 24) | Vol . IV, | 2202  ALPHABETICAL TABLE OF PROCLAMATIONS , &c ., - Continued. 5 SUBJECT MATTER. DATE. ORDINANCE UNDER OR IN VOL. PAGE. RELATION TO WHICH MADE. Irrigation of land with excretal matter, Rule, 22nd May, 1884 , No. 7 of 1883 , s . 12 , Vol. IV, 2200 (See Ord . No. 24 of 1887, s. 2 ,) Jinrickshas in British Kowloon ( See Public Vehicles). Junk Anchorage, 29th May, 1886 , No. 8 of 1879, s. 38 , ( 3 ) Vol . III, 1555 Kennedy Road, ―Regulations , ………. 20th May, 1887, No. 8 of 1870, s. 2, Vol. II, 1057 Kerosine, -Storage conditions, 11th April, 1881 , No. 8 of 1873, s. 11 , ( 2 ) Vol . II, 11876 99 99 21st Oct. , 1882 , No. 8 of 1873, s. 11 , ( 2) Vol. II, 1187c 99 Regulations for licences ,...... 16th April, 1884, No. 8 of 1873 , s. 11 , Vol . II, 1187 c Latrines, Regulations, 16th Feb., 1891 , No. 24 of 1887 , s . 13, (5) Vol. IV, 2217 Leave Regulations for Police, ... 20th Aug. , 1888 , No. 14 of 1887 , s . 19, Vol. IV, 2126 99 99 29 10th Jan., 1891 , No. 14 of 1887 , s . 19 , Vol . IV , 2128 Licensing Consolidation,— Rules as to public vehicles, 30th Nov., 1887 , No. 21 of 1887 , s . 3 , Vol. IV, 2165 Rule as to public vehicles , .... 4th Jan., 1888, No. 21 of 1887 , s. 3, Vol. IV, 2168 Conditions of chair licences for the Hill District , ………………….. 12th June, 1888 , No. 21 of 1887, s. 3, Vol. IV , 2168 Regulations as to Chinese under takers, ...... 16th May, 1889, No. 21 of 1887, s. 3, Vol. IV, 2169 Condition for Hawkers ' licences, ... 29th May, 1890, No. 21 of 1887, s . 3, Vol. IV , 2169 Additional Rules as to licences for jinricksha in British Kow loon, 3rd Jan., 1891 , No. 21 of 1887, s. 3, Vol. IV, 2169 Light dues,-Orders as to 11th March , 1890, No. 8 of 1879, s. 34, and Vol . III, 1562 No. 35 of 1889, 99 99 26th June, 1890, No. 8 of 1879, s. 39, and Vol. III, 1563 No. 35 of 1889, Mahomedan Cemetery, Rules and Re gulations, 24th Aug., 1867, No. 8 of 1867, Vol. II, 949 Marine Stores (see Naval Stores infra) Markets, Order as to Hunghom , ....... 8th Jan. , 1888 , No. 17 of 1887, s. 16 , Vol. IV , 2148 39 Conditions ofletting buildings, 21st May, 1890, No. 17 of 1887, s. 18, Vol. IV, 2149 6 ALPHABETICAL TABLE OF PROCLAMATIONS , &c. , - Continued. DATE. ORDINANCE UNDER OR IN VOL. PAGE. SUBJECT MATTER. RELATION TO WHICH MADE. Marriage, Notice of licensing of places for celebration of marriage, 11th Oct., 1890, No. 14 of 1875 , s . 6 , Vol. III, 1411 Notice of licensing of places for celebration of marriage,. 10th Jan., 1891, No. 14 of 1875, s . 6, Vol. III, addenda Men-of- war Anchorages, -Regulations, 25th June, 1886, No. 20 of 1886 , s . 1 , Vol. IV, 2020 Merchant Shipping,— Regulations as to discharge of fire arms, 25th Nov., 1880, No. 8 of 1879, s. 28 , Vol. III, 1547 Scale of measurements for river steamers, ..... 9th May, 1882 , No. 8 of 1879, s. 8, Vol. III, 1548 General Rules for shipping 14t h Nov. , 1882 2,, No. 8 of 1879 , s . 13, Vol . III, 1548 casualties investigations, ... } General rules for Courts of Sur vey, 14th Nov. , 1882 , No. 8 of 1879 , s . 13 , ( 11 ) Vol. III, 1549 Regulation as to steam-launches , ... 8th Dec., 1882 , No. 8 of 1879, s. 7, Vol. III, 1552 Scale of charges for gunpowder storage, 21st Aug., 1885 , No. 8 of 1879, s . 37 , Vol. III, 1553 Notification as to certificates of competency, ...... 3rd May, 1884, No. 8 of 1879, s . 15, Vol. III, 1553 Regulation as to fee for examina tion of steam launch master or engineer, 14th Aug , 1885 , No. 8 of 1879 , s. 7, Vol. III, 1553 Rules for storage of gunpowder, 17th Sept. , 1885 , No. 8 of 1879, s. 37, Vol. III, 1554 Anchorages for junks, Regulations, 29th May, 1886 , No. 8 of 1879, s . 38, ( 3 ) Vol. II , 1555 Regulations as to steam vessels under 50 tons burden, 29th Jan., 1889 , No. 8 of 1879, s. 7 , ( 3 & 4 ) Vol . III, 1555 Regulations for licensing, &c ., of boats, ..... 21st Dec., 1889, No. 8 of 1879, s. 39, Vol. III, 1557 Order as to light dues , 11th March, 1890 , No. 8 of 1879, s . 34, and Vol. III, 1562 No. 35 of 1889, Regulation as to certificates of competency, 14th June, 1890 , No. 8 of 1879, s. 13, Vol. III, 1562 Order as to light dues, ………. 26th June, 1890 , No. 8 of 1879, s . 34, and Vol. III, 1563 No. 35 of 1889 , Regulations as to water boats, ...... 28th Dec., 1889 , No. 8 of 1879, s. 39, Vol. III, 1563 I Regulations as to quarantine, ………….. 30th July, 1890 , No. 9 of 1883 , s . 1 , Vol. III, 1749 (See No. 8 of 1879 , s . 25)  ALPHABETICAL TABLE OF PROCLAMATIONS , &c . ,- Continued. 7 DATE. ORDINANCE UNDER OR IN VOL. PAGE. SUBJECT MATTER. RELATION TO WHICH MADE. Money orders system, -Order.......... 28th April, 1888 , No. 1 of 1887 , Vol. IV, 2088 Naval Stores, Regulations as to dealers ' licences, 14th Oct., 1875, No. 9 of 1875 , s. 4, Vol. III, 1384 99 39 28th Sept., 1867 , No. 13 of 1867, s . 4, Vol. III, 1386 Order as to last mentioned regula tions , ...... 21st June, 1877, No. 9 of 1875, Vol. III, 1385 Nuisances , Regulations as to hawkers , ...... 27th Sept., 1872, No. 10 of 1872 , s . 3 , Vol. II, 1139 Regulations as to granite dressing, 27th Sept., 1872, No. 10 of 1872 , s. 3 , Vol. II, 1140 Regulations as to noises at Cha Mui, 27th Sept., 1872 , No. 10 of 1872 , s. 5 , Vol. II, 1140 Regulations as to hawkers, ...... 13th May, 1890, No. 10 of 1872, s. 3, Vol . II, 1140 Opium, Condition as to fees on preparation for export, ....... 26th June, 1884, No. 1 of 1884, s . 15 , Vol. III, 1774 Form of grant of privilege, 7th March, 1885 , No. 1 of 1884 , s . 9, Vol . III, 1774 Regulations as to sub-licences,...... 17th Sept. , 1886, No. 1 of 1884 , s . 15 , Vol. III, 1775 Terms , &c ., of licences for sale, for No. 1 of 1884, s . 15, Vol. III, 1776 No. 1 of 1884, export, 31st May, 1887, Vol. III, 1776 No. 22 of 1887, Parcel Post, -Order as to ..... 19th April, 1888 , No. 1 of 1887 , s. 8, Vol. IV , 2085 Pensions to Police- (See Police Force) . Petroleum storage, Conditions and Form of Licence,..... 4th May, 1880, No. 8 of 1873, s . 11 , Vol. II, 1187a Phosphorus, -- Regulations as to ...... 26th March, 1877 , No. 8 of 1873 , s. 7, Vol. II, 1187a Piers and Wharves, Regulations , ......... 24th Sept. , 1885 , No. 18 of 1884, ss. 9, 10, Vol. III, 1820 Piracy Suppression, Proclamation as to stink pots , 16th Aug., 1870 , No. 2 of 1870, Vol. II, 1043 ――― Police Force, Regulations as to discipline &c., ... 1st July, 1887, No. 14 of 1887 , s . 19, Vol. IV, 2125 Regulation as to making reports as to gaming house & c .,...... 30th Nov., 1887 , No. 14 of 1887, s. 19, Vol. IV 2126 Régulation as to vaccination of recruits, 12th Jan., 1888 , No. 14 of 1887 , s . 19 , Vol . IV, 2126  $ 20 8 ALPHABETICAL TABLE OF PROCLAMATIONS , &c ., - Continued. SUBJECT MATTER. DATE. ORDINANCE UNDER OR IN VOL. PACE. RELATION TO WHICH MADE. Police Force, Regulations as to leave, 20th Aug., 1888 , No. 14 of 1887 , s . 19 , Vol. IV, 2126 Regulation as to leave, 10th Jan. , 1891 , No. 14 of 1887, s. 19 , Vol. IV, 2128 Regulations as to pensions &c., ... 10th Feb. , 1891 , No. 14 of 1887 , s. 17 , Vol. IV, 2128 Post Office, Order as to local delivery of cir culars, 4th Jan. , 1888, No. 1 of 1887 , ss . 8 , 10, Vol. IV, 2083 Order as to rates of postage, 4th Feb. , 1888 , No. 1 of 1887, s . 8, Vol. IV, 2084 Order as to parcel post,…………….. 19th April, 1888 , No. 1 of 1887, s. 8, Vol. IV, 2085 Order as to money order system,... 28th April, 1888 , No. 1 of 1887 , s . 10 , Vol. IV, 2088 Order as to rates of postage in Hongkong and China, ....... 4th April 1891 , No. 1 of 1887, ss . 8, 10, Vol. IV, Addenda Prison, Rules and Regulations, 21st May, 1890, No. 18 of 1885 , s. 17 , Vol. IV , 1905 Public Buildings, Gardens &c.,— Regulations as to gardens, 3rd May, 1872, No. 8 of 1870, s . 2, Vol. II, 1056 Regulations as to Kennedy Road , 20th May, 1887, No. 8 of 1870, s. 2, Vol. II, 1057 Regulations as to Taipingshan Recreation Ground, 22nd July, 1887, No. 8 of 1870, s . 2 , Vol. II, 1037 Public Health,— Additional rule as to irrigation of land, 22nd May, 1884, No. 7 of 1883 , Vol. IV, 2200 (See No. 24 of 1887 , s. 2 ) Regulations for Chinese emigrant lodging houses, 27th June, 1884 , No. 7 of 1883 , s . 12 , Additional Rules as to breaming [ See No. 24 of 1887 , s . 2, ] Vol. IV, 2200 and repairing vessels , 27th Aug., 1886 , No. 7 of 1883 , s. 12 , Vol. IV, 2201 Rules as to election of members [See No. 24 of 1887, s . 2, ] Vol . IV, 2201 of the Sanitary Board , ………………….. 31st May, 1888 , No. 24 of 1887 , s. 5, Vol. IV, 2201 Bye-laws for the compulsory re porting of infectious diseases, 2nd Jan., 1889, No. 24 of 1887 , s . 13, ( 24 ) Vol. IV, 2202 Bye-laws for the compulsory va cating of infected premises,... 7th March, 1889 , No. 24 of 1887 , s 13 , ( 19 ) Vol. IV , 2203 Bye-laws as to scavenging, 20th Nov., 1889, No. 24 of 1887 , s. 13 , ( 6 ) Vol. IV, 2203 Bye-laws for the keeping of cattle swine sheep and goats, ...... 20th Nov., 1889 , No. 24 of 1887 , s . 13 , Vol. IV, 2204 (13, 14, 16 )  ALPHABETICAL TABLE OF PROCLAMATIONS , &c ., - Continued. 9 SUBJECT MATTER. DATE. ORDINANCE UNDER OR IN VOL. PAGE. RELATION TO WHICH MADE. Public Health, Notification as to the closing of the Chinese Cemetery at Sauki wan, 26th April, 1890, No. 24 of 1887 , s . 27, Vol . IV, 2205 Bye-laws as to house drains, & c ., ... 13th Oct. , 1890, No. 24 of 1887 , s. 13, ( 1 ) , Vol. IV, 2205 Bye-laws as to latrines, 16th Feb., 1891 , No. 24 of 1887 , s . 13, ( 5 ) Vol. IV, 2217 Notification as to Chinese burial grounds , 20th March, 1891 , No. 24 of 1887 , s . 27, Vol. IV, 2217 Public Vehicles , Rules as to , 30th Nov., 1887, No. 21 of 1887, s. 3, Vol. IV, | 2165 Rule as to fees for chair licences,... 4th June , 1880 , No. 21 of 1887 , s. 3 , Vol. IV, 2165 Conditions of chair licences in Hill Districts, 12th June, 1888 , No. 21 of 1888, s. 3, Vol. IV, 2168 Additional rules as to jinricksha licences in British Kowloon, ... 3rd Jan. , 1891 , No. 21 of 1887, s. 3, Vol . IV, 2169 Quarantine Regulations , 30th July, 1886 , No. 9 of 1883 , s. 1 , Vol. III, 1749 Rates of Postage, -Order as to ...... 4th Feb., 1888, No. 1 of 1887, s. 8, Vol. IV, 2084 Order as to, 4th April, 1891 , No. 1 of 1887, s. 8 , Vol. IV, addenda Reformatory Schools , Notification as to West Point School, 13th Oct. , 1886 , No. 19 of 1886, s. 9, Vol . IV , 2018 River Steamers , Scale of Measurements , 9th May, 1882 , No. 8 of 1879, s. 8, Vol. III, 1548 Saint Paul's College, Statutes , ... 26th July, 1875, No. 7 of 1875 , s. 3, Vol. III, 1377 Sanitary Board bye-laws (See Public Health). • Sanitary Board, election of members, ... 31st May, 1888 , No. 24 of 1887 , s. 5, Vol. IV, 2201 Scavenging, -- Bye -laws as to, 20th Nov., 1889, No. 24 of 1887, s. 13, ( 6 ) Vol . IV, 2203 Shaukiwan Chinese. Cemetery, Notifi cation as to closing (and see Chi nese Cemeteries), ...... 26th April, 1890 , No. 24 of 1887, s. 27, Vol. IV, 2205 Shipping casualties, Rules for investi gation, 14th Nov., 1882 , No. 8 of 1879, s. 13, (8 ) Vol . III, 1548 Slaughter houses, Conditions , . 16th Dec., 1889 , No. 17 of 1887 , s . 8 , Vol. IV, 2148 Slaughter houses, Additional Bye-law, 21st May, 1890 , No. 17 of 1887 , s . 15 , Vol. IV. 2150 Spirit Licences, -- No. 17 of 1870, Vol. II, 1086 Regulations, 23rd July, 1886, { No. 21 of 1886 , Vol. IV, 2037 10 ALPHABETICAL TABLE OF PROCLAMATIONS, &c. ,— Continued . SUBJECT MATTER. DATE. ORDINANCE UNDER OR IN VOL. PAGE. RELATION TO WHICH MADE . Spirit Licenses, Order as to conditions of distilleries licences, ..... 3rd Sept., 1886, No. 21 of 1886 , s . 4, Vol. IV, 2037 Stamps, Order as to adhesive stamps, 4th June, 1886, No. 16 of 1886, s . 5 , Vol. IV, 2006 Order as to duty on deed of assign ment where consideration no minal, 8th Oct., 1886, No. 16 of 1886 , s. 5 , Vol. IV, 2007 1 Order as to duty on bill of exchange drawn & payable out of Colony, 7th April, 1887, No. 16 of 1886, s. 5, Vol. IV, 2007 Rules as to use of postage 2 cents for revenue stamps , ... 14th March, 1891 , No. 16 of 1886, s. 5 , Vol. IV, addenda Steam -launches, Regulations, ... 8th Dec., 1882, No. 8 of 1879, s. 7, ( 4) Vol . III, 1552 Steam-launches, masters and engineers, examination fee, Regulation, 14th Aug., 1885, No. 8 of 1879, s. 7 , (4) | Vol . III, 1553 Steam Vessels under 50 tons, Regula tions (and see Vessels under 50 tons burden, ) 29th Jan. , 1889, No. 8 of 1879, s . 7 , ( 3 & 4 ) Vol. III, 1555 Steam whistles, Regulations , 25th June, 1886 , No. 20 of 1886, s. 1 , Vol. IV, 2020 Stinkpots, Proclamation, 16th Aug., 1870, No. 2 of 1870, s. 1 , Vol. II, 1043 Storage of Gunpowder, Scale of charges, 21st Aug., 1885, No. 8 of 1879, s. 37, Vol. III, 1553 Regulations , ……………. 17th Sept. , 1885, No. 8 of 1879, s. 37, Vol. III, 1554 Streets Cries, Regulations , 27th Sept., 1872, No. 10 of 1872, s. 3, Vol. II, 1139 99 13th May, 1890, No. 10 of 1872, s. 3, Vol. II, 1140 Survey (Courts of) Rules for, ... 14th Nov., 1882, No. 8 of 1879, s. 13, ( 11 ) | Vol. III, 1549 Swine, Bye-laws as to keeping (See Public Health).…………………. Trade Marks, Scale of fees, ..... 2nd Oct, 1890, No. 16 of 1873, s. 6, Vol. II, 1302 Tramways, — Order as to Governor's consent to assignment of undertaking, 4th March, 1885, No. 6 of 1883, s. 4, and Vol. III, 1737 No. 18 of 1883 , s. 2, Notification as to opening Tram way No. 6........ 26th May, 1888 , No. 6 of 1883 , s . 25 , Vol. III, 1742 Notification as to opening Tram way No. 6.....………………. 26th July, 1889, No. 6 of 1883 , s. 25, Vol. III, 1743  F ALPHABETICAL TABLE OF PROCLAMATIONS, &c. , - Continued. 11 ORDINANCE UNDER OR IN VOL. SUBJECT MATTER. DATE. PAGE. RELATION TO WHICH MADE. Tramways, Regulations as to number and amount of passengers luggage, & c., & c.,....... 16th Dec., 1889 , No. 6 of 1883 , s . 42 , 1 Vol. III, 1743 + Additional Regulation as to speed, 26th June, 1890, No. 6 of 1883 , s. 42 , Vol. III, 1744 Additional regulation as to inspect ing and testing of carriages &c., 16th March 1891 , No. 6 of 1883 , s . 42, · Vol. IV, addenda Unclaimed Balances, Order for transfer, 4th Feb., 1888 , No. 7 of 1885, s. 2 , Vol. IV. 1842 Vaccination of Police Recruits, Regula tion, ....... 12th Jan. , 1888, No. 14 of 1887 , s. 19, Vol. IV, 2126 Vehicles ( See Public Vehicles.) Verandah Regulations , ...... No. 14 of 1845 , Vol. 1 28th Dec., 1854, I, 171 Vessels under 50 tons burden (and see Steam Vessels under 50 tons),………... 25th June, 1886 , No. 20 of 1886 , s . 1 , Vol. IV , 2020 Vessels, breaming and repairing (See Breaming and Repairing &c. ) &A C P 10/14/55. : > [