150
THE HONGKONG GOVERNMENT GAZETTE, 2ND APRIL, 1870.
Title.
'Preamble.
Definition of Term" Bird.”
•
HONGKONG.
ANNO TRICESIMO TERTIO
VICTORIA REGINÆ.
SIR RICHARD GRAVES MACDONNELL, Knight, C.B.,
·Governor and Commander-in-Chief.
No. 1 OF 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Preservation of Birds.
[30th March, 1870.]
HEREAS the Destruction of Birds has of late greatly
and is expellent to make Provision
Preservation, and also for checking the frequent Discharge of Fire Arms in the Neighbourhood of Dwelling Houses to the Annoyance of the Inhabitants: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. The Term "Bird" shall for the Purposes of this Ordinance mean and include every Description of Wild Bird, except the following:-
1. Birds of Game within the Meaning of the Imperial Act 1 and 2, Willian IV, e. 32.
2. Woodcocks, Snipes, Quails, Landrails, Wild Ducks, Teals, Widgeons, Sea Birds, and Birds of Prey.
3. Such other Description of Bird as may be from Time to Time excepted by Proclamation from the Operation of this. Ordinance as hereinafter provided.
Killing or II. Any Person who shall kill, wound, or attempt to kill or Founding,&c. wound, or take any Bird or use any Gun, Net or other Ins- Birds, a
trument whatever for the Purpose of killing, wounding, or taking Misdemeanor.
the same, shall be guilty of a Misdemeanor, and on Conviction thereof before a Magistrate, shall be liable for the First Offence to a Fine not exceeding Ten Dollars and for a Second or any subsequent Offence, to a Fine not exceeding Twenty-five Dollars with or without Imprisonment not exceeding One Month.
Persons offend- ing may be required to tell their Names and Abodes.
Burden of Proof.
Power of Governor in Council.
III. Where any Person shall be found offending against this Ordinance it shall be lawful for any Terson to require the Person so offending to give his Name, Surname and Place of Abode; and in Case the Person offending shall, after being so required, refuse to give his real Name and Place of Abode, he shall be liable on being convicted thereof before a Magistrate, to a Fine not exceeding Twenty-five Dollars in addition to any Punishment which may be inflicted under Section II.
IV. In all Proceedings before a Magistrate for an Offence under this Ordinance, the Burden of Proof as to any Bird being within the Exceptions contained in Section I, shall lie upon the Person
accused.
V. It shall be lawful for the Governor in Council from Time to. Time by an Order to be proclaimed in the Gazette to except any Description of Bird not hereinbefore excepted and to exempt any Part of the Colony from the Operation of this Ordinance, and from Time to Time to vary or revoke such Order.
Passed the Legislative Council of Hongkong, this 30th Day of March, 1870.
L. D'ALMADA È CASTRO, Clerk of Councils.