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THE HONGKONG GOVERNMENT GAZETTE, 14TH DECEMBER, 1872.
Offences, &c. to be prose- cuted under Ordinance No.
10 of 1844.
XIV. All Offences and Penalties under this Ordinance may be prosecuted and recovered in Manner provided by Ordinance No. 10 of 1844, and the Magistrate committing any l'erson to Prison for Non-payment of any Penalty under this Ordinance may order him to be imprisoned with Hard Labor.
Statement of Objects and Reasons.
This Ordinance amends the Law relating to Licenses for the sale of intoxicating liquors in certain particulars, the greater part of which have been adapted from the Licensing Act, (35 & 36 Vic., c. 94), recently passed in England.
Section I defines the term "Spirituous Liquors" which by Section XXVII of No. 11 of 1844 Chinese are permitted to retail under license. The amendment is merely declaratory of the practice which has always been in force.
Section II removes a restriction from Chinese traders which at present forbids their retailing Spirituous Liquors in any quantity, except, of course, Samshu, to their own countrymen under license. This provision seems to have been allowed to remain dormaut for a great number of years, and Chinese shopkeepers, as a matter of fact, did deal largely in Spirituous Liquors, and without any public mischief resulting from their so doing. About a year ago, however, a prosecution was instituted at the instance of an kotel-keeper against one of their number for a breach of this rule, which resulted in his conviction, and subsequently in a Petition from the Chinese shopkeepers for an alteration in the Law.' Whatever reason there may have been at the time of passing Ordinance No. 11 of 1844 for drawing a distinction between Chinese and foreign shopkeepers in this particular, none is known to exist now, and it certainly does not seem in itself based ou justice or equity.
Section III enlarges the powers of the Justices of the Peace under Ordi- nance No. 10 of 1868 enabling them to grant licenses for the sale of Spirituous Liquors to persons carrying on any suitable trade. At present this privilege is conferred under that Ordinance on hotel-keepers, restaura- teurs, or confectioners. A case recently arose where a Billiard table keeper applied for such License, and the Justices thought it a proper case for allowing it. The words now inserted have been suggested by that
case.
Section XXI of Ordinance No. 11 of 1844 is re-enacted in substance by Section XI, which is adapted from Section XXXV of the new Licensing Act.
Sections V, VI, VII, VIII, IX, and X are also taken from that Statute and do not seem to call for any detailed explanation. They are, in my opinion, extremely useful additions to the existing Law for the regulation of drunkenness and disorderly conduct, and are as well suited to this place as to England. In the seventh Section of the Imperial Act, the age of persons to whom it is forbidden to retail spirits is fixed at 16, this linii- tation is one scarcely suited to the peculiar circumstances of the Colony, and by Section V, it is altered to 14 years.
Section XII gives the Governor powers of granting special licenses to persons already licensed to sell intoxicating liquors on special occasions, such as the Races and the Regatta, at suitable places. Public convenience seems to demand this provision.
The latter part of Section XIV is borrowed from the Licensing Act.
THOS. C. HAYLLAR, Acting Attorney General,
4th December, 1872.
No. 229.
GOVERNMENT NOTIFICATION.
The following Account, duly certified, of the Average Amount of BANK NOTES in Circulation in Hongkong, during the Month ending 30th November, 1872, is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 10th December, 1872.
CECIL C. SMITH, Acting Colonial Secretary.
BANKS.
AVERAGE AMOUNT.
SPECIE IN RESERVE.
S
Oriental Bank Corporation,.
604,445
250,000
Chartered Mercantile Bank of India, London and China,.
300,117
150,000
Chartered Bank of India, Australia and China,..
357,850
125,000
Hongkong and Shanghai Banking Corporation,....
1,578,150
600,000
TOTAL,.....
2,840,562
1,125,000