162
131
22.31,07d/
ed
, 5, 216/1886
33 916
"
216/1856
Eating- houses.
Disorder in
(2.) The fee for such license shall be according to the scale set forth in schedule S and shall be paid to the Colonial Treasurer before the issue of the license.
(3.) The holder of such license shall exhibit conspienously and permanently in front of his licensed place of business his name and the number and nature of sneh license on n sign the size and desiga of which shall be approved by the Captain Superintendent of Police.
(1) Sub-sections (2), (3), (4), (5) and (6) of section 20 of this Ordinance shall apply to the business carried on under a Chinese Restaurant License.
(5.) In case of the death or insolvenny of any holder of a Chinese Restaurant license, the executor or ahoinistrator or trustee (as the case may be) of such licensee may carry on the business nutil the expiration of the then current license, subject to all the same regulations as the original licensee.
(6.) The Colonial Secretary miny, in his discretion, permit the transfer of any such license in the form in schedule Q. Eating-houses.
32. No person, (unless licensed under this Ondiamucus to retail intoxicating liquors to be consumed on the premises), shall keep an eating-hout, coffee-house, refreshment bar or saloon, restaurant, or other place where meals or refresh- ments are supplied to persons not resident on the premises, without a license from the Colonial Secretary, in the form of Schedule R, for which license the for specified in sche- dule S shall be payable. Such conditions as the Governor in Council may determine may be added to any liceuse granted under this section, and no intoxicating liquors shall be sold on such premises.
The Colonial Secretary may, in his discretion, permit the transfer of such license, such transfer shall is by the en- dorsement of the Colonial Secretary.
33. No person licensed under the preceding section shall eating-houses, knowingly or wilfully permit disorderly conduct in his house or other place of entertainment, or knowingly suffer any unlawful games or gaming therein, or knowingly permit or suffer any prostitute to frequent such house or other place or to remain therein.
Troviso as to
sed aue-
tioneers.
Sule by licensed Auctioneers.
34. Nothing in this Ordinance shall render it illegal for sale by licen- an auctioneer, holding an auctioneer's license, to sell ins toxicating liquor by auction, without any license under this Ordigance, upon his own premises for a principal holding an appropriate liquor license, or upon premises in respect of which the auctioneer's principal bolds an appropriate license authorizing such principal to sell such intoxicating liquor, or in cases where such liquor is the property of the Ju- perial or Local Government, or formus part of the estate of a bankrupt or deccused person, or is sold by order of Court, or where, in any particular case, upon application made, the Colonial Secretary shail grant permission for such sale by anction, whether upon licensed premises or elsewhere.
Search warrants.
Powers of Police.
Police Inspection. Search Warrants.
35.-(.) When information upon oath shall be laid before any Magistrate to the effect that any illicit distillation or rectification or illegal sale of intoxicating liquors is carried ou within any building or on board of any ressol in the Colony, it shall be lawful for such Magistrate by a warrant ander his band to empower any officer of police to cuter such building or vessel at any hour of the alght or day, using force for that purpose if necessary, and to make search for and seize any stills, parts of stills, vats or other vessels used in illicit distillation, wash or other materials preparing or prepared for distillation, or intoxicating liquors which may be found there, and either to detain the same where found or to remove the same or any of them, after seizure, to a Police Statiou, and to arrest any persous who may appear to have committed or to be attempting to commit any offeneo against this Ordinance.
(2.) Every person licensed under this Ordinance shall produce his licence to any police officer on being required. thereto.
(3.) Any European officer of police sirali have free areess to every part of any house licensed under sections 13, 81,
or 32 of this Ordinance at any hour of the night or day.
:
36. Offences against this Ordinance shall be considered offence
to be
(1) Refusal, neglect, or omission to do any act Com-
manded by this Ordinance.
(2) Refusal to permit, or obstruction of any such act. (3.) The doing of any art forbidden by this Ordinance. (4.) On the part of a licensed person, any breach of the
terms or conditions of his license or recognisance.
Offences. Penalties and their Recovery.
defined.
37. For every offence against this Ordinance not other Pines and wise provided for, there shall be payable for a first offence forfeitures. a fine not exceeding three hundred dollars, and for a semud offence a five not exceeding six hundred dollars. And all stills, or parts thereof vats or other vessels need in ilbeit listillation wash or other materials preparing or prepared for such distillation, and all intoxicating liquors with respect to which any offence against this Ordinance may have been committed, as well as the vessels or packages which contain them, may be forfeited, as also any boat or vessel of loss than fifteen tous burden in which such intoxi- eating liquors or stills or parts of stills may be found,
38. On the conviction of any licensed person for a second Portature of offence against this Ordinance the Magistrate may order license. his licence to be forfeital, in addition to any other penities hereiubefore provided.
39. All penalties for offences against this Ordinance Recovery of may be recovered in a sanomary way before a Magistrate, penalties. but proceedings for the recovery of such penulties shall be commenced within six months after the offence was com- mitted.
40. One-half or a less portion of any fine levied under Awards re this Ordinance may, if the Magistrate, in his discretion, informers. shall so order, be paid to the informer.
Power to make Bules.
41. The Governor in Conneil may from time to time make, Power to alter, and repeal rules not inconsistent with this Ordinaues make rutes, For the better carrying out of the same. All such rules shail be published in The Gazette, and when so published shall inve the force of law.
Repeals.
42. The following Ordinances are hereby repealed: -
Ordinance No. 21 of 1886. Ordinance No. 11 of 1894.
Repeals.
But such repeal shall not, during their now current period, invalidate any licenses granted under the said Ordinances, or the conditions thereof; and all recognisances enterol into thercnuder shall contiune in force for their current term.
43. This Ordinance shall come into operation on the Commence- First day of October, 1898.
Passed the Legislative Council of Hongkong, this 12th
day of September, 1898,
J. G. T. Buckle,
tiers of Councils,
Assented to by His Excellency the Officer Administering the Government, the 17th day of September, 1898,
T. SERCOMBE SMITH,
Acting Colonial Sevetery.
ment of
Ordinance.
36.1