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No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1851.
ORDINANCE No. 1 OF 1851.
A.D. 1851. AN ORDINANCE to regulate the Jurisdiction of the Civil Courts of the Colony in certain cases.
Ordinance No. 2 of 1851, with Ordinance No. 10 of 1871 incorporated.
Short title.
Prohibition of civil proceedings in Courts between Chinese subjects, except in certain cases.
[5th April, 1851.]
WHEREAS, from the vicinity of this Colony to the dominions of the Emperor of China, it is of frequent occurrence that Chinese subjects visiting the Colony for a limited time and for the purposes of trade implead and cause each other to be arrested for causes of action arising within the said dominions; and whereas such proceedings are not only inconvenient from the difficulty of procuring proper evidence and for other reasons, but are frequently resorted to for the purpose of extortion, and likewise tend to the injury of traffic within the Colony :
Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as the Chinese Subjects (Civil Proceedings) Ordinance, 1851.
2. Neither the Supreme nor any other Court within the Colony shall have or exercise jurisdiction in any civil proceeding as between persons born within the dominions of the Emperor of China where the cause of action has originated out of the Colony, unless the defendant has been a resident therein for six consecutive months prior to the time of commencing any action, suit, or proceeding grounded on such cause of action: Provided always that, notwithstanding anything contained in this Ordinance, it shall be lawful for any such Court to have and exercise jurisdiction in any such civil proceeding if only it is made to appear, to the satisfaction of the presiding Judge of such Court, that such jurisdiction may be had and exercised without the mischief contemplated by this Ordinance.
ORDINANCE No. 1 OF 1852.
A.D. 1852. AN ORDINANCE to increase in certain cases the Powers of Magistrates as regards Publicans, Boarding-house Keepers, and others, with the view of suppressing Desertion in Her Majesty's Forces, Naval and Military, within the Colony.
Ordinance No. 2 of 1852.
A.D. 1852.
WHEREAS it is expedient to increase facility...
Be it enacted...
1. This Ordinance...
2. For the purposes of this Ordinance, it shall be deemed that any person harbouring or giving aid to any deserter from the Naval Forces...
3. Any person who...
(1.) Is found harbouring...
(2.) Loiters or is found...
(3.) Knowingly...
(4.) Aids or assists...
shall be guilty of an offence and shall be liable...
4. Any person convicted of any offence under this Ordinance shall be liable to a penalty payable to...
5. Any person holding a licence under any law for the time being in force relating to the sale of intoxicating liquors in the Colony...
6. Nothing in this Ordinance shall be construed to limit the discretion of any Magistrate...
[18th May, 1852.]