Licensing of Boats,
&e.
Scale of Boat Farce,
Hire.
XVI. The Registrar General shall grant to such Persons, upon such Security and in such Form as His Excellency in Council shall think fit, and upon payment made to the use of the Crown of such Fee therefor according to size as in the said Schedule hereunto annexed is in that behalf specified, Certificates of License of Boats or Vessels plying for hire within the Waters of this Colony, or carrying Passengers between this Colony and the Ports on the Chinese Main (other than Boats or Vessels having British, Colonial, or Foreign Registers (not being Chinese Registers); and also other than Market Boats or Vessels, or Boats or Vessels, visiting this Colony merely for Trading purposes); and every such Boat or Vessel shall carry on each of her bows and on her stern, legibly painted upon Wood or Tin, the true Number of her Certificate aforesaid, which Number shall be supplied by the Registrar General for that purpose; and no such Certificate or Number shall be transferred or lent uuto any other Boat or Vessel, or the Persons on board of the same, nor shall any Certificate or Number other than such as the said Registrar General sball have granted under this Section be assumed or exhibited by any such Boat or Vessel, or the Persons on board of the same. And every Person having charge of any such Boat or Vessel is hereby commanded, whensoever thereunto required, to exhibit the Certificate granted in respect thereof under this Section. And all Persons having charge of Boats or Vessels, and, not having obtained or not having on board such Certificate as aforesaid (other than as aforesaid), are hereby forbidden to employ their said Boats or Vessels in plying here within the said Waters, or in carrying Passengers between this Colony and the said Ports, or to cause, suffer, or connive at their said employment.
XVII. Scales of Fares for all Licensed Boats and Vessels licensed to ply for Hire within the said and Chair and Porter Waters, and also Scales for the Hire of all Public Conveyances, Chair Coolies, and Porters, by the Day, Hour, or Job, with all proper Regulations for exceptional cases, shall be prepared and fixed, and, if expedient, from itme to time altered and varied, by His Excellency the Governor; and every such Scale and Variation thereof shall be notified in the Government Gazette, and shall be evidence of the right of the l'arties cnocerned to the Fares or Hires therein mentioned. And no Person owning or having charge of any such Boat, Vessel, or Conveyance, or being such Chair Coolie or Porter, or Bearer or Driver of any such Con- veyance, shall demand or receive a greater Fare or Hire than by the Scale for the time being in force, and relating thereto is sanctioned and notified; and no such Person shall refuse, without reasonable and sufficient cause, to accept employment according to his Scale, whensoever offered in conformity with this Ordinance, or use any abusive or insolent language to any Person soever, so employing him, or offering him such employment.
XVIII. No Person soever, Chinaman or European, shall lodge, receive, or keep any Chinese Labourers and fodge Coolies, &c. or Coolies, (not being Persons in bis actual employment as such, or bona fide Inmates of his Tenement, Boat, or Vessel,) nor any Chinese Emigrants, or intending Emigrants, in or upon any Tenement within this Colony, or on board of any Boat or Vessel lying within the same or the Waters thereof, and not being at the time actually and band fide engaged in or for the lawful voyage of the Labourers, Coolies, or Emigrants, then on board thereof, unless such Person shall have first obtained from the said Registrar General his License in writing in that behalf, which License the said Registrar General is hereby required to grant for such term and upon such conditions as he shall think fit, upon proof first made of the fitness of such Person to receive the said License, and upon payment by him to the said Registrar General advanced and made for the same of such yearly or other Fec as in the Schedule hereto is expressed, and he may from time to time call in and revoke or after the same so often as shall be expedient.
Licenses to receive
vention of abuse.
Visitation, inspec XIX. The Registrar General is charged especially for the purposes of this Ordinance to visit, inspect, tion, and approval of and approve of any Tenement, Boat, or Vessel, in respect whereof application shall be made to him for a Tenements, &e, for License, under Section Eighteen, before he shall grant or renew the same; and it shall be at all times, the purpose and pre- during the continuance of any License by him so granted or renewed, his duty to enforce the observance of good order, decency, and morality, and the prevention or punishment of Nuisances and other abuses. among the lumates thereof, and whether by them or by any other Person committed, and to secure to the or for the said Inmates the enjoyment of their personal rights, as British Subjects, whether permanently time being.
XX. No private Person shall occupy or erect any Building or other thing soever upon Land not Residing or Build- ing, &c., on Crown being under Lease from the Crown, without the License of the Surveyor General; nor with such License, Land.
if the same could not have been lawfully occupied or erected before the passing of this Ordinance.
XXI. Any Stipendiary Magistrate or Justice of the Peace may cause any Chinese Person to find within Twelve Months reasonable Security for his appearance in any Court for any purpose and at any time within Twelve Months, and every adjudication to that effect shall be made in open Court and reported forthwith to His Excellency and such Chinese not finding such Security shall be deemed a Person dangerous to the Peace of the Colony, within the meaning of Ordinance No. 9 of 1857.
Security to appear
Licenses for Public Meetings.
Mendicaney
bidden.
for-
XXII. Written Licenses under the hand of the Governor for the holding of Meetings to consider in a lawful way the redress of supposed Grievances, or for Religious or Theatrical Entertainments, or for any other purposes of Public Interest, may be granted to any Chinese Occupier applying for the same; and without such Licenses, no Chinese people shall hold or be present at any Meetings soever of a publici nature, not convened by the Governor or Sheriff, and not being solely for the purposes of Religious Worship.
XXIII. Mendicaney in the public Highways or Streets is hereby forbidden.
XXIV. The Governor in Council is capowered to direct the Census of Population to be taken The Power to direct within this Colony from time to time as to His said Excellency in Council shall seem meet, and every such
direction may be addressed to the Registrar General.
Census.
ed.
Blank Returns to be
XXV. Upon receiving any such direction, the Registrar General shall prepare and cause to be prepared and deliver- delivered at every Dwelling and Place of Business throughout this Colony, a Blank Return, to be filled up before a certain day to be therein named with the Names and Number of the Occupiers and Inmates s every such Dwelling or Place of Business, and the Persons in their employment, or residing with them, of within their Tenements, according to their several Names, Sexes, Occupations, and Countries.
XXVI. Every such Blank Return shall, according to its tenor and the truth of the case, be filled filled up and returned. by the Occupier of the Dwelling or Place of Business where the same shall have been left; and he sha within Five Days after the day on which the same was so left, return, or deliver it, so filled up as aforesaid to the Registrar General.
The Blank to he
Disqualification of
XXVII. No Person acting or employed by any other Person acting in the execution of thi certain Persons in Ordinance, and no Member of the Family of any such Person, shall be possessed of or interested in any respect of interest.
the Boats, Vessels, Conveyances, or (in cases within Section Eighteen) Tenements to which this Ordinanc relates, either in his or her own right or in the right of another, and either at Law or in Equity.
XXVIII. Persons violating, or disobeying, or failing to comply with, the several Provisions of this Ordinance shall, upon summary conviction of such Offence before the Registrar General if a Justice of the Peace, or (if the said Person shall so demand) before a Stipendiary Magistrate, or any Two Justices of the Peace sitting for hira, incur, and pay, or suffer the several Penalties and Forfeitures hereinafter respectively made applicable to the same, that is to say:
1. For every Offence against Section Seven, a Sum not exceeding Forty Dollars.
2. For every Offence against Section Eleven, a Sum not exceeding Ten Dollars.
Penalties.
25
1. Against Sect. 7. 2. Against Sect, 11.
3. For every Offence against Section Fourteen or Section Fifteen, a Sum not exceeding Twenty-five 3. Against Seets. 14
Dollars.
4. For every Offence against Section Sixteen, a Sum not exceeding Fifty Dollars.
5. For every Offence against Section Seventeen, a Sum not exceeding Twenty Dollars.
6. For every Offence against Section Eighteen or Section Nineteen, a Sum not exceeding Fifty Dollars. 7. For every Offence against Section Twenty, a Sum not exceeding Fifty Dollars, (besides the Ex-
penses of the Removal of the Building or Thing occupied or erected),
8. For every Offence against Section Twenty-two, a Sum not exceeding One Hundred Dollars. 9. For every Offence against Section Twenty-three, a Sum not exceeding Five Dollars; or the Offender shall, at the discretion of the Court, receive not more than Thirty-six Blows, nor less than Five Blows, with a Rattan; and he shall also, if His Excellency in Council shall so decide, be deported to any place in the Chinese Empire or elsewhere.
10. For every Offence against Section Twenty-six, a Sum not exceeding Twenty Dollars.
11. For every Offence against Section Twenty-seven, a Sam not exceeding Five Hundred Dollars; and also, (where the nature of the case admits thereof,) forfeiture of, and incapacity to hold, any employment under this Ordinance.
and 15.
4. Against Sect. 16.
5. Against Sect. 17.
6. Against Sects. 18 and 19.
7. Against Sect. 20.
8. Against Sect. 22. 9. Against Sect. 23.
10. Against Seet, 26. 11. Against Sect. 27.
not specifically pro- vided for.
12. And for every such Disobedience, Violation, or Default, for which no specific Penalty is hereinbefore 12. For every offence
provided, such Sam, not exceeding in any case Five Dollars, as the Court shall think it. XXIX. In case of non-payment of any of the said pecuniary Penalties, the same may be recovered by Enforcement of Pe- any of the ways and means whereby, on any summary proceedings before Justices, Penalties are or shall ualties. be recoverable; yet so as that no Offender against Section Twenty-six shall be liable to be imprisoned in such case.
to be that of the Seeu-
XXX. Where, upon the conviction of any Offender under this Ordinance, it shall appear that, before In case of Security, the commission of the Offence, he had given security and that by such Offence the same is become the amount of Penally forfeited, the amount of such security shall be deemed to be the Penalty actually incurred by him, and it shall not be lawful for the Court to impose any Penalty for his said Offence, save and except the amount of his said security.
XXXI. Every adjudication under this Ordinance shall be final, unless where a Case shall be stated, delivered, and prosecuted with effect according to Law, or unless a Certiorari for removing the proceedings, either before or after judgment, shall be obtained, by the Crown or by the Defendant, as the case may be, within Ten Days from the first commencement of the said proceedings, and unless the pro- ceedings upon the said Certiorari shall be prosecuted, with effect, in the Supreme Court, within Six Weeks after the obtaining thereof. And the Costs of such Case, or (as the fact may be) Certiorari and Proceedings, shall be paid to or by the Crown according to the event thereof.
rity,
Case or Certiorari.
XXXIL For the purposes of this Ordinance, the following Termas and Words shall be severally Construction of words. taken, not only in their received sense, but also to extend to and include the meanings hereinafter specified, that is to say:~~~~
"Occupier," "Person occupying," and "Master of a House or Tenement," shall include every Person acting as Master thereof, Occupant of the ground floor thereof at a rent, and (in the event of a vacant House or Tenement, or of no other Occupier thereof being to be found) Owner thereof, or his Agent. And "House," "Tenement," or "Building" shall include any Shop, Outhouse, Shed, or Roof.
And "European" shall include all Persons other than Asiatics, and also all such Asiatics (not being
Chinese) as owe or shall owe permanent allegiance unto Her Majesty:
And “Chinese" shall include Natives of Hongkong and other places out of the Empire of China,
being of Chinese blood or following Chinese usages:
Save only and except where by the express letter of this Ordinance a more limited meaning hath
been attributed to any or either of the said Terms and Words. XXXIII. All Acts done before the passing of this Ordinance, which, if done after the passing thereof, would have been legal and valid, shall be deemed legal and valid for all purposes soever.
Passed the Legislative Council of Hongkong,
this 10th Day of May, 1858.
L. D'ALMADA E CASTRO,
Clerk of Councils.
SCHEDULE TO WHICH THIS ORDINANCE REFERS:-
Fee for Hawkers,
1st Class Boats or Vessels.
21
ქი.
do.
3d
do.
do.
4th
do.
do.
Undertakers' Licenses,
JOHN BOWRING.
$ 0.50 Quarterly.
"
10 00 Annually.
5.00
»
3.00
0.50
29
» 10,00
17
Licenses of Tenements, Boats, or Vessels, for lodging or reception of
Coolies or Emigrants (for every Tea Inuiates) if by the Year,,, And if by a lesser term (for every Tea Inmates,)
5.00
0.10 per diem.
* Occupier.'
'House or Building.'
European.'
And Chinese :*
Exception.
Retrospective.