No. 76.-DrerмDER 13, 1856.] The Hongkong Government Gazette.
Power to unsuccess-
III. It shall be lawful for any Claimant, under Section Two of this Ordinance, in case his Claim shall not be allowed by the said Officer, to present his summary Petition in that behalf to the Supreme Court in ful Claimants to Peti- tion the Supreme Court Equity, against the Queen's Attorney General as Respondent thereto; and if he shall verify his said Claim in Equity. by Evidence to the satisfaction of the said Supreme Court, it shall be the duty of the said Court to make such Order in the premises as justice shall require; and upon the application of the same
or any other Claimant or Person, or of the said Attorney General, from time to time to vary the same and to enforce every such Order according to the practice of the Supreme Court: subject nevertheless to such Appeal to His Appeal to the Go- Excellency in Executive Council as the said Attorney General, or any of the said parties, may think fit to vernor in Council. prefer.
HONGKONG!
;
ANNO VIGESIMO VICTORIE REGINE.
No. of 1856.
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong,
An Ordinance for the better Repression of Certain Diseases.
[ December, 1856.]
Whereas the alarming increase of the cases of Venereal Disease within this Colony hath been attended with most pernicious results, and it is desirable to confer upon the Executive some Authority for taking measures to arrest the further progress thereof: Be it enacted and ordained, by His Excellency the Go- vernor of Hongkong, with the advice of the Legislative Council thereof, in manner following :-
I. The
shall be the The persons charged with the execution of person charged with the execution of this Ordinance (except so far as relates to Patients belonging to Her this Ordinance. Majesty's Sea or Land Forces); and the respective Surgeons of the Ships-of-War, Regiments, or Corps, to which such last-mentioned Patients belong, shall be the persons charged with the execution of this Ordinance, sq far as relates to such last-mentioned Patients respectively.
Penalties upon per-
II. Every person who, being ill of Syphilis or Gonorrhea, shall have Carnal Connection with any other sons having connec person, shall, upon being thereof convicted in a summary way before any Justice of the Peace, for every such tion, &c., during ill- offence forfeit and pay unto the Crown a penalty not exceeding Four Hundred Dollars, nor less than Two ness. Hundred Dollars, to be levied of his or her Goods and Chattels by Warrant of Distress and Sale, under the hand of the same, or any other Justice of the Peace, in default of payment; and Payment thereof may be likewise enforced by his or her Imprisonment, if such Justice shall think fit.
The like penalty III. Every person aiding, abetting, or procuring any such Offence, as in the last Section is specified, and upon Procurers and every person in whose house or dwelling, and to whose knowledge or information or belief, any such Offence as Owners of Houses, &c. aforesaid shall have been committed, and who shall not immediately give information thereof unto a Justice of the Peace, or unto the said
or other proper Officer, shall, upon conviction thereof before any Justice of the Peace in a summary way, for every such his or her offence, forfeit and pay the like penalty, and to be levied and enforced in like manner in default of payment, as in the said Section next immediately preceding is expressed.
:
IV. Every person ill of either of the said Diseases, or in whose house or dwelling, and to whose know- Reports of Diseases to be given to the ledge or information or belief there shall happen to be any person ill of either of the said Diseases, is hereby proper authority, and required to make an immediate Report thereof to the person charged with the execution of this Ordinance, power to visit aud and to give to the person so charged free access at all times afterwards to the said house or dwelling, and inspect the persons ill
thereof. to every part thereof, and also to himself or herself or the person so ill as aforesaid; and every person so ill as aforesaid, shall at all times thereafter, during his or her illness, attend, and also suffer himself or herself to be attended by the person charged with the execution of this Ordinance and his proper officer, at such houses and places to be appointed by the person so charged from time to time, and submit to such visitation and corporal or other inspection according to Medical Usage or Practice, for the better ascertaining of his or her state of Health, as the person so charged shall from time to time appoint; and in case any person shall offend against any of the provisions in this Section contained, he or she shall for every such Offence, being thereof convicted before a Justice of the Peace in a summary way, forfeit and pay to the Crown a penalty not exceeding Three Hundred Dollars, nor less than One Hundred Dollars, to be levied and enforced in default of payment by Warrant of Distress and Sale, and if it be thought fit, by Imprisonment until payment, in like manner and form as by Section Two is hereinbefore provided.
V. It is the duty of the person charged with the execution of this Ordinance diligently to afford to Duties of this person every person so ill and so reported as aforesaid, all such Medical Aid and Treatment as the nature of his or charged with the exe- cution of this Ordin- her Disease may require, and to superintend and see to the due and regular provision and administration of
auce, his or her Medicine and Diet, and of all other matters requisite in the premises, and to exercise and enforce all and singular the powers and authorities by this Ordinance vested in the person so charged with the execution thereof.
Certificate of reco-
VI. After the Recovery or Cure of any such person who shall have been so reported, visited, and inspected as aforesaid for either of the said Diseases, he or she shall, upon demand, receive from the person very or cure. charged with the execution of this Ordinance, or proper officer in that behalf, a Certificate in Writing of such Recovery or Cure, which Certificate shall be received and taken in every Court and Place socver, as conclu- sive Proof of the matters therein appearing.
VII. In addition to any Penalty which, under Sections Two, Three, and Four of this Ordinance, a Justice of the Peace hath power to inflict, the said Justice may also, for the same offence, sentence the offender to Imprisonment with or without hard labour for the terms following: that is to say, (if the Offence be against Section Two or Section Three,) for a term not exceeding Two Months nor less than Two Weeks; and (if the offence be against Section Four,) for a term not exceeding One Month nor less than One Week.
of
Imprisonment in addition to money pe- nalties.
VIII. So long only as any person who may be or become liable to any Penalty at common law by Act Indemnity to per- of Parliament, or under Division Five of Section Three of Ordinance No. 14 of 1845, for Keeping a House or sons conforming them-
selves. Building for the occupation or resort of Public Prostitutes, except where the same shall be to the annoyance any person, shall conform and continue to conform himself or herself to all the enactments in this Ŏrdin- ance contained, such person shall be indemnified against all such his or her Liability in the premises, and may, it sued or prosecuted in respect thereof, allege or plead this Ordinance in bar of such suit or prosecution.
IX. No offender against any of the enactments in this Ordinance contained, shall be entitled to any Benefit or Indemnity whatsoever under Section Eight of this Ordinance.
Section VIII not to be any indemnity to offenders against this
Ordinance.