No. 25 of 1897.
An Ordinance to amend the Law relating to Vagrants.
WILLIAM ROBINSON,
Governor.
[22nd November, 1897.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as The Vagrancy Ordinance, 1897.
2. In this Ordinance unless the context otherwise requires,---
“Vagrant" means any person other than a Chinese found asking for alms or being without either employment or visible means of subsistence.
"Agent" of a vessel includes any person who undertakes the agency of such vessel, though he may not be the consignee thereof.
3. The Governor may provide a House of Detention for Vagrants at such place as he may think proper, and may appoint a Superintendent and such Officers as he may think proper, and may remove any such Superintendent or Officers at pleasure.
In the meantime, the Gaol at Victoria may be used as such House for the purpose of this Ordinance.
The Governor may, by notification in The Gazette, certify any building or part of a building to be a House of Detention for the purposes of this Ordinance.
4. Every House of Detention shall be under the immediate charge of a Superintendent who shall be appointed, and may be suspended or removed, by the Governor, and until any other appointment is made, the Superintendent of Victoria Gaol for the time being shall be the Superintendent of the House of Detention.
5. Any Police Officer may require any person who is apparently a Vagrant to accompany him or any other Police Officer to, and to appear before, a Magistrate.
6. Such Magistrate shall, in such case, or in any other case where a person apparently a Vagrant comes before him, make a summary enquiry into the circumstances of such apparent Vagrant and, if satisfied that he is a Vagrant, shall declare him to be such, adding, where practicable, any prior date from which, in his opinion, such person has, in this Colony, been a Vagrant as defined by this Ordinance.
7. If such Magistrate shall be further of opinion that such Vagrant is not likely to obtain employment at once, or if he has reason to believe that a declaration of vagrancy has on any former occasion been recorded in respect of such Vagrant, he shall require such Vagrant to go to a House of Detention, and shall draw up an order to that effect.
8. Such Vagrant shall then be placed in charge of the Police for the purpose of being forwarded to the House of Detention, and the said order shall be a sufficient authority to the Police for retaining him in their charge while he is on his way to the House of Detention, and to the Superintendent of the House of Detention for receiving and detaining such Vagrant.
9. Where the Magistrate dealing with such Vagrant is of opinion that the Vagrant is likely to obtain employment in the Colony, such Magistrate may, in his discretion, forward the Vagrant in charge of the Police to the place where such employment is likely to be obtained and may draw up an order to that effect. Such order shall be a sufficient authority to the Police for retaining the Vagrant in their charge whilst on his way to such place of employment, and afterwards, should he not succeed in obtaining such employment.