Despatch N. 111 of 1857.
Inclosure N/ in
!
Mcolutions
the Excentive
brdinance in lien thereof. the preparation of a new 13th July 1857.
Council for Suspending - Ordinance N. 2 171857, and
7 445%
HONGKONG."
ANNO VIGESIMO PRIMO VICTORIE REGIN
No. 9 of 1857,
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Cha Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipote and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legisla. Council of Hongkong.
An amended Ordinance for better Securing the Peace of the Colony.
[15th July, 1857.]
Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, in manner following, that is to say :—
Power to suspend
I. His Excellency The Governor in Council may, by Proclamation, from time to time suspend, and from time to time revive, this Ordinance, or any portion thereof; and subject thereto, this Ordinance shall and revive this Ordi- come into force at the time of the passing thereof, and shall so henceforth continue.
nance,
II. Printed Forms of Passes shall be provided by the Superintendent of Police according to the Forms of Night Passeg Form following, that is to say:
This is to certify, that the bearer hereof [name] is authorised to pass and repass during the Night Season from and to the House of [Employer's name] in [Street or Road] Victoria, during the 'period of
Days from the date hereof. Dated this
Day of [Seal]
A.D., 1857. which Forms shall bear Her Majesty's Arms, and he Sealed with the Police Office Seal; and shall be from
(Signed) A.B., Superintendent of Police.' time to time issued by the said Superintendent to such of the Occupiers of the several Houses within Victoria, for use, as he shall find to be fit and proper Persons to receive and use the same, and according to the Wants of such Occupiers: yet so as that no Chinese Occupiers shall receive or hold more than Öne such Form at any one time; and that no further issue of Forins be made to any Occupier but upon his delivering up or proving the Loss or Destruction of those whereof he was previously the holder.
to be provided, sealed, and issued, by the Su- perintendent of Police,
Blanks to be filled
III. Every Occupier using or allowing to be used any Pass, shall first fill up or cause to be filled up the blanks therein according to the truth of the case; and he shall not use nor allow to be used any Pass up by the Occupier. except in conforinity with the facts thereby appearing; and every Offence against this Section shall be a Misdemeanor.
Penalty.
Power to rescind
IV. The Superintendent of Police is empowered from time to time to call in and rescind any Pass previously issued by him, whether the times for which they were issued shall have then expired or not; Passes. and any Person wilfully disobeying any such call shall be guilty of a Misdemeanor.
not
V. Any Chinaman found at large elsewhere than in his own Habitation between the hours of Eight Penalty for in the Evening and Sunrise, and not having a Pass duly issued and made out in conformity with Sections having a Night Pass. Two and Three of this Ordinance, shall be summarily punished by any Justice of the Peace for every such Offence, either by a Fine not exceeding Fifty Dollars nor less than Fifty Cents, or by Imprisonment and Hard Labour for a term not exceeding Fourteen Days nor less than One Day, or by Public Whipping or Public Exposure in the Stocks, yet so as that no such Offender shall receive more than Twenty blows, or be exposed for more than Two Hours, for any one Offence.
Power to arrest and
VI. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or without Warrant, any Person whom he shall reasonably suspect to be an Emissary of Pirates, or of Chinamen disaffected to Her Majesty's Government, or otherwise dangerous to the peace Enemies, &c.
or Abettor of Her Majesty's Enemies, or keep suspected Emis and good order of this Colony, and him safely keep until he can be dealt with according to law.
VII. Hi Excellency in Council may, by Order under his hand, prohibit any Person, not being a natural born or naturalized Subject of Her Majesty, from residing or being within this Colony during any space of time not exceeding Five Years; and (if such Order shall not be obeyed by the said Person) then may, by some other Order also under the hand of His said Excellency, authorize and direct the arrest and imprisonment of such Person without bail or mainprize, and for his Deportation (being so arrested and imprisoned) beyond the limits of this Colony, in which deportation force may be used if need be for the purposes thereof, and if by the said last mentioned Oreler it be so expressed.
saries or Abettors of
Power to deport for Five Years.
VIII. Every Person whomsoever required by the Superintendent of Police to co-operate with any Co-operation Fire Brigade, whether consisting of Volunteers or not, so that the same be approved by His Excellency, or Fire Brigades. in the working of Fire Engines, or in the suppression of Fire, shall be bound to obey such requisition under the penalty, for every case of disobedience, of not less than Ten Dollars nor more than Fifty Dollars, to be imposed by any Justice of the Peace, or (if such Justice shall think fit and the Offender shall be a Chinaman) of nut more than Fifteen Blows nor less than Five Blows.
IX. Sections Three to Eight, both inclusive, of the expired Ordinance No. 1 of 1855, are hereby revived and made perpetual.
X. Division Eight of Section Three of Ordinance No. 14 of 1845 is hereby amended, by expunging the words One Hundred and Fifty,' and inserting the words Three Hundred' in the stead thereof.
XI. If any Chinanian, not being the holder of a Night Pass, shall carry abroad with him, whether by Night or Day, any Deadly Weapon whatsoever, he shall be guilty of a Misdemeanor.
with
1855 (Sections Three
Ordinance No. 1 of
Ordinance No. 14 of to Eight) revived and made perpetual.
vision Eight) amended. 1845 (Section Three,di-
Chinamen not hold-
carry Arms.
XII. All acts done or attempted before the passing of this Ordinance, and which would have been ing Passes shall not lawful if so done or attempted after the passing thereof, are hereby authorized and made valid, and no man shall at any time hereafter be called in question for or in respect of the same.
Passed the Legislative Council of Hongkong,
this 15th Day of July, 1857.
L. D'ALMADA E CASTRO,
Clerk of Councils.
JOHN BOWRING,
Lithuada
Indemnity for past
acts.
Clerk of formeils.