با
Enclosure
495
Draft.
BE
A BILL
ENTITLED
Peace Preservation Ordinance, 1885.
E it enacted by the Governor of Hongkong with the advice of the Legislative Council thereof, as follows:→→
PART I
Appointment of Special Constables.
1. Whenever it appears to the Governor that any tumult or riot has taken place, or may be reasonably apprehended, and that the Ordinary Officers appointed for preserving the peace are not sufficient for the preservation of the peace, it shall be lawful for the Governor to authorize any two Justices of the Peace to summon, by writing in the form in Schedule (A), before them, any number of persons resident, or being then within the Colony, then and there to bo ap- pointed and to act as Special Constables within the said Colony, so long as the said authority shall remain in force.
Provided that, it shall be lawful for the said Justices, if it appears to them upon the oath of any person that there is good and sufficient cause to believe that any person intended to be appointed a Special Constable is concealing himself in order to avoid service of the summons, or that he is likely to disobey the same, to issue a warrant, in the form of Schedule (B) in the first instance for the purpose of bring- ing before the persons so be appointed.
2. Such persons may be required to take and subscribe the Oath of Office.
3. Every Special Constable so sworn-in, shall have the same powers for the preservation of the peace, the preven- tion of offences, the apprehension of offenders, and for all other purposes, and the same privileges, protection, and immunities, as the members of the Police Force eurolled under the Police Ordinance, except as to pay and pension, or other reward, and shall be subject to the orders of the Governor, the Magistrates, the Captain Superintendent of Police, and any one or more Justices of the Peace for the Colony, who shall be authorized by the Governor to act in that behalf.
4. Any person required to serve as a Special Constable under this Ordinance, who shall refuse, or otherwise omit without reasonable excuse, to appear and be sworn-in as Special Constable, shall be liable on Summary conviction thereof by a Magistrate to imprisonment with or without hand Iabour for any term not exceeding two months, or to pay a penalty not exceeding one hundred dollars, or to both.
5. Any person so appointed a Special Constable, and called upon to serve, who, without reasonable excuse, shall neglect or refuse to serve and to obey such lawful orders and directions as may be given to him for the performance of the duties of his office, as provided in the third section of this Ordinance, shall, on Summary conviction before a Magistrate, be liable to imprisonment, with or without hard labour for any terma not exceeding two months, or to pay a penalty not exceeding one hundred dollars, or to both: Pro- vided always, that no person shall be subject to any penalty under this Section who shall be unable to perform the duties of a Special Constable, by reason of old age, sickness, or other infirmity, proved to the satisfaction of the said Magistrate.
PART II.
Proclamations of the Peace.
6. Whenever it shall appear to be necessary for the pre- servation of the public peace of the Colony, it shall be law- ful for the Governor in Council to declare by Proclamation to be published in the Gazette that the said Colony shall be subject to the following provisions of this Ordinance, and every such Proclamation shall remain is forco until cancel- led by Government Notification published in the Gazette.
7. Whenever and wherever the peace is being brokou during the existence of any Proclamation under this Ordi- nance, it shall be lawful for the Governor, or Colonial Se- cretary or any Justice of the Peace, to call upon all by- standers and persons in the vicinity to give their aid in preserving the peace and in apprehending persons breaking the peace, and every person without lawful excuse refusing or omitting to give such aid, shall be liable ou conviction
Tower to ap joint Epecial Constables,
To take pati,
Tower of Speuta! Constables,
Penalty for
refusing to
appear.
Penalty for
refusing to
ひさし
Truvika.
C. O.
13541
RECR
REGP 1 AUG
lobe
Proclamation
insy be issued.
Assistance frem by-standers
od 60772