CO882-6 — Page 56

101

PUBLIC RECORD OFFICE

To Tr

Reference :-

C.O. 882

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Short title

Interpre- tation. (See the bye-laws

approved

of by the

Council,

25th Nov., 1895.)

(52 & 53 Vict. c. 72, 8. 10.)

(Compare with 52 & 53 Vict. c.

72, s. 13.1

Report of

Cages of

veneral

diceam.

Penalty for

omission to

report.

Coin are

52 & 53

Vict. c. 72,

8. 3.

Enclosure 2 in No. 27.

(No. 10.) A BILL entitled An Ordinance to suppress the spread of infectious and contagious diseases.

Whereas it is expedient to provide means to suppress the spread of infectious and contagious diseases:

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 for all purposes as the Infectious and Contagious Diseases Ordinance, 1898.

2. In this Ordinance, unless the context otherwise requires,—

The expression "infectious or contagious disease" includes small-pox, bubonic plague, cholera, diphtheria, scarlet fever, typhus fever, enteric fever, relaps- ing fever, puerperal fever, venereal disease (including primary and second- ary syphilis, gonorrhoea, and soft chancres), and any other infectious or con- tagious disease to which this Ordinance may hereafter be applied by Order of the Governor-in-Council, made for that

purpose: 1 The word "doctor" means a medical practitioner registered under the Medical Registration Ordinances, 1884 to 1893, or entitled to the benefit of section 20 of the Medical Registration Ordinance, 1884:

The expression "Hospital Authority" means and includes the Principal Civil Medical Officer and any assistant physician or surgeon in the Government Civil Hospital:

The expression "Captain Superintendent" means the Captain Superintendent of

Police:

The expression" occupier" includes a person having the charge, management, or control of any premises or of the part of any premises, and, in the case of a house the whole of which is let out in separate tenements, or in the case of a lodging-house the whole of which is let to lodgers, the person receiving the rent payable by the tenants or lodgers either as his own account or as the agent of another person, and in the case of a ship, vessel, or boat the master or other person in charge thereof:

The expression " premises" as used in this Ordinance shall apply to every build- ing, ship, vessel, boat, tent, room, shed, or any structure used for habitation, except that it shall not include any ship, vessel, or boat, which belongs either to Her Majesty the Queen or to any Foreign Government. 3.-(1.) If any inmate of any premises be suffering from any infectious or con- tagious disease, the following provisions shall have effect, that is to say:-

(a.) Such inmate and in default of such inmate the party in charge of or in attendance upon such inmate, and in default of such party the occupier of the premises shall, upon becoming aware or having reason to believe that such inmate is suffering from any such disease, forthwith make a report respecting the existence of such disease to the Captain Superintendent, stating the name and address of such inmate;

(b) Every doctor attending on or called in to visit such inmate shall forthwith, on becoming aware that such inmate is suffering from an infectious or con- tagious disease, make a report to the Captain Superintendent stating the name and address of such inmate.

(c.) Every such report as is mentioned in this section shall be made in writing, but it shall be placed in a sealed up cover, and every such report and every such cover shall be marked confidential, and shall be treated by the Captain Superintendent of Police in as strictly confidential a manner as shall be compatible with the due and proper working of this Ordinance.

(2.) Every individual who is required by this section to make a report, and who fails forthwith so to do, shall be liable, on summary conviction, to a fine not exceeding twenty- five dollars, or, in default of payment, to imprisonment for a period not exceeding one month: Provided that no person not required to make a report in the first instance, but

only in default of some other party shall be liable to any fine if the Court is satisfied that such person had reasonable cause to suppose that such report had been duly made, and believed that it had been made.

4. The Captain Superintendent, upon receipt of the report mentioned in section 3 Notice to of this Ordinance, or upon discovering that any inmate of any premises is suffering from furnish an infectious or contagious disease, and that no report as required by section 3 has been medical made, shall forthwith issue a notice (Form A) requiring the person reported or dis- certificate. covered to be suffering from any such disease to furnish him, within twenty-four hours from the time of the service of such notice, with a certificate (Form B) signed by a doctor. Such person, if certified to be diseased, shall, if so required by the Captain Weekly Superintendent, furnish that officer once week with a doctor's certificate of the state of certificates his health until a certificate signed by a doctor has been furnished to the Captain Superintendent stating that such person is no longer diseased.

5. (1.) The Captain Superintendent, in lieu of requiring subsequent weekly certi- Order to ficates under section 4 of this Ordinance, may at any time (Form C) order the person cer- attend tified by a doctor to be suffering from an infectious or contagious disease to go to the hospital.

(Compare Government Civil Hospital to be treated without fee, either as an indoor or as an out- 24 of 1887. door patient, according to the discretion of the Hospital Authority; and such order 8. 29.) shall remain in force until the Captain Superintendent is furnished with a certificate from the Hospital Authority stating that such person is free from such disease.

(2.) Any person who shall, without reasonable excuse to the satisfaction of the Magistrate, fail to comply with the aforesaid order within twenty-four hours of the service of the same, shall be liable on summary conviction to a fine not exceeding fifty dollars, or to imprisonment not exceeding one month. If such person is sentenced to imprisonment, the Magistrate may, upon receiving a certificate from the Surgeon in charge of the Gaol that such person is suffering from an infectious or contagious disease, order (Form D) such person to be detained for the rest of the term of the sentence in the Government Civil Hospital. If, before the expiration of the term of the sentence, the Hospital Authority shall report to the Captain Superintendent that such person is free from such disease, the Magistrate may, on the application of the Captain Superinten- dent, make an order (Form E) for the return of such person to the Goal, there to undergo the remainder of the term of imprisonment, or may discharge such person. Should, however, the Hospital Authority, shortly before the expiration of the term of the sentence, report to the Captain Superintendent that such person is still suffering from such disease, and will not be in a fit state to be discharged at the expiration of such term, the magistrate may, in his discretion, on the application of the Captain Superin- tendent, and without calling such person before him, make an order (Form F) for further detention in Hospital until it is reported by the Hospital Authority to the Captain Superintendent that such person is in a fit state to be discharged, or until such person shall leave the Colony.

require-

6. If any inmate of any premises, who has been reported to the Captain Superin- Penalty for tendent to be suffering from an infectious or contagious disease, shall fail to comply with non-com- any of the requirements of section 4 of this Ordinance, the Captain Superintendent shall pliance forthwith summon such person to appear before the Magistrate, and such person shall, with the on summary conviction, be liable to a fine not exceeding fifty dollars or to imprisonment ments of not exceeding one month. If such person is sentenced to imprisonment, the Magistrate section 4. may, upon receiving a certificate from the Surgeon in charge of the Gaol that such person is suffering from an infectious or contagious disease, order (Form D) such person to be detained for the rest of the term of the sentence in the Government Civil Hospital. If, however, before the expiration of the term of the sentence the Hospital Authority shall report to the Captain Superintendent that such person is free from an infectious or contagious disease, the Magistrate may, on the application of the Captain Superinten- dent, make an order (Form E) for the return of such person to the Gaol, there to undergo the remainder of the term of imprisonment, or may discharge such person. Should, however, the Hospital Authority, shortly before the expiration of the, term of the sentence, report to the Captain Superintendent that such person is still suffering.from such disease, and will not be in a fit state to be discharged at the expiration of such term, the Magistrate may, in his discretion, on the application of the Captain Superin- tendent, and without calling such person before him, make an order (Form F) for further detention in hospital until it is reported by the Hospital Authority that such person is in a fit state to be discharged or until such person shall leave the Colony.

7. If any inmate of a brothel, who has more than once been reported under section Banish- 3 to the Captain Superintendent to be suffering from venereal disease, shall a second ment in

cases of

repeated