Magistrate
to assist in seeking employment.
To be treated
on remand1.
10. The Magistrate dealing with any Vagrant shall, to the best of his ability, assist him in seeking employment, and may in the meantime, if he thinks fit, keep such Vagrant in charge of the Police. Should the Vagrant fail to obtain suitable employment within a reasonable time not exceeding, at the most, seven days, such Magistrate shall forward him to a House of Detention as provided in section 7.
11. Every person, while in charge of the Police under this Ordinance, or whilst seeking employment, shall be entitled to the same maintenance and subject, so far as practicable, to the same regulations as prisoners detained on remand.
Scale of diet.
Vagrants subject to certain regulations.
Punishment for misconduct.
Superintendent to forward list to Harbour Master.
12. Every Vagrant detained in any House of Detention shall be allowed the same scale of diet for his support as is allowed to adult long-sentence prisoners who have completed the first six months of their imprisonment.
13. Every Vagrant admitted to any House of Detention shall be subject to the same regulations as are prisoners in Gaol with respect to---
(a) Search of his person, clothing, and effects.
(b) Custody of his clothing and effects.
(c) The wearing of a distinctive dress.
(d) Personal cleanliness.
(e) Hours, meals, labour (other than penal labour) and general conduct.
Provided always, that such regulations may be specially modified in relation to Vagrants by any Code of regulations approved by the Governor in Council, and that any money or effects of any Vagrant may be applied towards the expense of carrying this Ordinance into execution for his benefit.
14. Any Vagrant who knowingly disobeys any regulation applicable to him, or made under the previous section of this Ordinance, shall be liable to the same punishment as if he were a misdemeanant in Gaol.
15. The Superintendent of such House of Detention shall forward weekly to the Harbour Master a list of such Vagrants under his charge as are seamen, and shall otherwise use his best endeavours to obtain suitable employment outside such house for the Vagrants admitted thereto.
Penalty for refusing employment.
16. When such employment is obtained, any Vagrant refusing or neglecting to avail himself thereof shall, on conviction before a Magistrate, be liable to imprisonment with hard labour for a term not exceeding one month.
Agreement to leave the Colony.
Form of agreement.
Cost of removal.
Removal
17. Any Vagrant or other person, other than a Chinese, may be allowed to enter into an agreement in writing with the Colonial Secretary, binding himself to embark on board such ship and at such time as the Superintendent of the House of Detention may direct, for the purpose of being removed from Hongkong at the expense, if any, of the Government of this Colony, to remain on board until such ship shall have arrived at the port named in such agreement, and not to return to Hongkong within five years,
18. Every such agreement may be on unstamped paper and shall be in the form set forth in the schedule to this Ordinance or as near thereto as may be.
19. The cost of the removal from the Colony of any Vagrant under this Ordinance shall be defrayed by the Government subject to the provisions hereinafter contained for its refund.
20.-(1) When a Vagrant has entered into such agreement, unless, in the opinion of the Superintendent of the House of Detention, suitable employment is likely to be speedily found for such Vagrant, such Superintendent may enforce such agreement and cause such Vagrant to be removed from the Colony and, if he deems it desirable, may call in the assistance of the Police to place such Vagrant on board ship, and such Vagrant may be detained on board and shall be deemed in lawful custody while the ship is within the jurisdiction of Hongkong.
Release.
(2) If, after the lapse of a reasonable time, no suitable employment is obtainable for a Vagrant detained in the House of Detention, and such Vagrant has not entered into the agreement hereinbefore mentioned, or it is not thought desirable to remove him from the Colony, the Superintendent may cause sections 26 and 29 of this Ordinance to be read to such Vagrant and may then release him.
21.-(a) Whenever any person, not a Chinese, arrives in this Colony, under an engagement to serve imposed in certain cases, any person, firm, company, association, or body to repay costs of persons, in any capacity, and
(b) Whenever a non-commissioned officer or soldier, in Her Majesty's Army, leaves that army in this Colony, under any such engagement, and
(c) Whenever any sailor, other than a Chinese, is discharged from his ship in this Colony, or is wilfully or negligently left behind in this Colony,
and, within a period of six months from the date of such arrival, leaving the army or discharge, such person, such non-commissioned officer or soldier, or such sailor, respectively, becomes chargeable to the Colony as a Vagrant, then, in cases within classes (a) and (b), the person, firm, company, association, or body of persons, with whom such engagement was made, and, in cases within clause (c), the master of the ship from which such sailor has been so discharged, or by whom he has been so left behind, shall, respectively, be liable to repay to the Government all costs and charges incurred by the Colony on his behalf since he became a Vagrant, including hospital costs and charges and the cost of his removal under this Ordinance. Such person shall be deemed to have become a Vagrant from the date mentioned in the Magistrate's declaration as that from which, in his opinion, such person has been a Vagrant.
constitutes
22. The master of any ship, British or Foreign, which brings into the Colony any person, other than a Chinese, who, at the time of his landing, is destitute of means of subsistence or becomes so within a period of six months, shall be liable to repay to the Government of the Colony all costs and charges incurred by the Colony on behalf of such person, unless such master shall satisfy the Court that he made due enquiry and that he had reason to believe that such person was possessed of means of subsistence when he arrived in the Colony: Provided, that where the person so brought into the Colony came as a stowaway, the master shall incur no liability to repay the said costs and charges, in case such stowaway is promptly handed over to the Police on the arrival of the ship and is duly prosecuted under The Stowaways Ordinance, 1897, or any other enactment applying to the case, and no money or compensation in respect of such person's passage is paid or received.
absence of
23. In the absence of the master of a vessel or, if such master shall depart from the Colony before repaying such costs and charges as are mentioned in the two preceding sections, the owner, agent, and consignee of such vessel at the time the person landed, or, in the case of a sailor, discharged or left behind, at the time of such discharge, or of his so being left behind, shall be liable to repay such costs and charges to the Government.
24. Such costs and charges shall be recoverable by suit as if an express agreement to repay them had been entered into with the Colonial Secretary by the person, firm, company, association, body, master, owner, agent, or consignee chargeable.
Recovery of costs
25. In any proceeding under this Ordinance a certified copy of the declaration of the Magistrate shall be prima facie evidence that the person therein referred to was a Vagrant from the date of such declaration, and also from any earlier date in such declaration mentioned as that from which, in the Magistrate's opinion, such person has been a Vagrant.
As regards costs and charges incurred by the Colony on behalf of a destitute person or of a Vagrant, the following documents shall be prima facie evidence of the amount thereof and also that they have been so incurred by the Colony, viz.:-
(a) As regards hospital charges a written statement signed or purporting to be signed by the Principal Civil Medical Officer.
(b) As regards other costs and charges, including those of removal (if any), a written statement thereof signed or purporting to be signed by the Colonial Secretary,
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