THE HONGKONG GOVERNMENT GAZETTE, 6TH DECEMBER, 1890.
W
A BILL
ENTITLED
The Gambling Ordinance, 1890.
"HEREAS it is expedient to consolidate and amend the law relating to public gambling and whereas the laws heretofore made in respect of gambling have not proved sufficient to prevent the mischief arising therefrom and whereas doubts have arisen whether certain houses alleged or reported to be opened for the use of subscribers only or not open to all persons desirous of using them are to be deemed common gaming houses.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as The Gambling Ordinance, 1890.
2. The expression Magistrate as used in this Ordinance
means a Police Magistrate.
The expression Place as used in this Ordinance, shall mean and include any house, room, office, agency, boat, vehicle or vessel, or any erection movcable or otherwise, or any spot on land or water. The word Gambling as used in this Ordinance shall
apply to and include lotteries.
Lottery includes any game, method or device whereby money or money's worth is distributed or allotted in any manner depending upon or to be deter- mined by chance or lot whether the same be held, drawn, exercised or managed within or without the Colony.
A place in which lottery tickets are sold, procured or distributed or any place in which money or money's worth in connection with the lottery is paid or distributed, shall be deemed to be "kept for the purpose of a lottery."
The expression implements or appliances of gambling includes all articles which are used in or for the purpose of gambling or a lottery.
Common gaming house shall mean and include any place opened, kept, or used for playing therein at any game of chance or any mixed game of chance and skill
(1.) In which a bank is kept by one or more of the players exclusively of the other or others, or (2.) In which any game is played the chances of which are not alike favourable to all the players including among the players, the banker or other person by whom the game is managed or against whom the players stake, play, or bet.
3. A place shall be deemed to be opened, kept or used as a common gaming house or for the purpose of a lottery when gambling is one of the main and principal objects for which the said place is opened, kept or used although such place is also used as an ordinary social club, and the public at large have not access thereto.
4. Keeper shall mean and include the occupier, or person having the use temporarily, of any place kept or used as a common gaming house or for the purpose of a lottery or
Any person having or appearing to have the care or management of such place and also any person who shall act in any manner assisting in conducting the business of any such place or keeping watch in or about the same.
5. In case of any complaint laid under this Ordinance, it shall not be necessary to prove that any person found playing at any game was playing for any money, wager or
stake.
6. Any person being the owner of any house who shall knowingly permit the same to be opened, kept, or used by another person as a common gaming house shall be liable to a fine not exceeding one thousand dollars.
The expression owner as used in this section shall mean and include the holder of any tenement direct from the Crown, whether under lease, licence, or otherwise; or the immediate landlord of any tene- ment, or the agent of any such holder or landlord who is absent or under disability.
S and 9 Viet. c. 109. [Proemble and
sec, 2,]
Ord. 9 of 1876, R. 2, and Ord. No. 5 of 1885.
Straits Ordi No. 5 of 1888.
Mr. Justice
Smith in c Jenks v. Tur- pin, an
ALⱭ
9 Vict. c. 109. $. 2.
Mr. Justice Hawking in re Jenke . Tur-
pin.
Keeper defined. 17 & 18 Vict. c. 38 s. 4.
Front of gaming for money not necessary. 8 and 9 Vict. c. 109 8. 5.
Penalty on owner of house
permitting same to be used.
17 and 18 Vict. c. 39, s. 4.
Ord. 15 of 1858, s. I.
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