CO882-6 — Page 57

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

non-com-

102

time or oftener fail to furnish a certificate as required by section 4 of this Ordinance, the Captain Superintendent shall forthwith report the failure to comply to the Governor, quirements who may by Order-in-Council direct such person to be banished from the Colony.

pliance with re-

of section 4. Banish-

ment of

persons

reported

and certi. tied more

than once to be diseased.

Summary jurisdic-

tion as to brothels. Order to liacon-

tise.

8. If any inmate of a brothel shall, a second time or oftener, be reported under section 3 to the Captain Superintendent to be suffering from venereal disease, and the truth of the report is substantiated by the certificate of a doctor given in accordance with section 4 of this Ordinance, the Captain Superintendent may forthwith forward such certificate to the Governor, who may by Order in Council direct such inmate to be banished from the Colony: Provided that this section shall not apply in the case of a person who has not already been at least once previously certified to be suffering from venereal disease.

9. Upon complaint laid before a Magistrate by the Captain Superintendent that any house or portion thereof used as a brothel or lodging-house for prostitutes or disorderly persons is situated in the immediate vicinity of a public school, or is used to the annoyance of two or more persons residing or having offices in the vicinity of such house, a Magistrate shall have and exercise summary jurisdiction in respect thereof; tinue their and it shall be lawful for a Magistrate to issue a summons to the tenant, occupier, or

keeper of the house or portion thereof of which complaint is made, and upon

the hearing Penalty.

of the case, if the Magistrate is satisfied that the house or some portion thereof is used in the manner complained of, and is so situated as aforesaid or is so used as to be a source of annoyance to two or more persons residing or having offices in its vicinity, he may order the tenant, occupier, or keeper to discontinue such use of it, and if such order is not complied with within such time as the Magistrate may by his order fix, the Magis- trate may impose upon such tenant, occupier, or keeper a fine not exceeding fifty dollars for every day that the house or any portion thereof shall be so used after the time fixed by the Magistrate's order.

Banish-

ment of

brothels and pros.

The provisions of the Magistrates Ordinance, 1800, relating to summary procedure shall apply to proceedings under this section.

The provisions of this section shall be in addition to the powers contained in section 4 of Ordinance No. 6 of 1894.

10. Upon receipt by the Governor of a report by the Captain Superintendent that any house or portion thereof is used as a brothel or lodging-house for prostitutes, or is keepers of frequented by prostitutes, and that one at least of the inmates of such brothel or lodging- house has been found to be suffering from venereal disease, and that the report required by section 3 has not been made in accordance with that section, the Governor may by Order in Council banish the keeper and also any prostitute suffering from such disease who is found in or occupying or frequenting or known to occupy or frequent such brothel or lodging-house or any portion thereof.

titutes in certain

санев.

Definition of

11. The expression “ keeper " as used in sections 9 and 10 of this Ordinance means any person who has the charge or management of a brothel or lodging-house for prosti- tutes, and, in the absence of proof to the contrary, any person who appears to be in in sections charge of such brothel or lodging-house or to have authority therein shall be deemed to

be the keeper thereof.

"keeper"

9 and 10.

Order to close

brothel.

12.—(1.) If any inmate of a brothel is found to be suffering from venereal disease and the report required by section 3 of this Ordinance has not been made, it shall be lawful for the Captain Superintendent to report the facts to the Governor, who may in Penalty for his discretion issue an order (Form G) to close the brothel in which such diseased person pliance.

may be found for such period as the order may direct.

non-com-

(2.) A copy of such order shall be affixed to the premises mentioned therein, and such affixing shall constitute due service of the order. Any person found, without the permission of the Captain Superintendent of Police, in the premises mentioned in the order after the expiration of forty-eight hours from the time of affixing such order, and until such order shall expire, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding fifty dollars, or to imprisonment not exceeding one month.

(3.) The order mentioned in this section shall, unless the immediate landlord other- wise elects, operate at the expiration of forty-eight hours from the affixing thereof, to determine the tenancy of the occupier of the premises mentioned in such order at the date of such affixing.

13.

103

of part of

The power of banishment conferred by this Ordinance on the Governor-in- Application Council may be exercised in respect of all persons whether aliens, or natural born, or ordinance naturalised subjects of Her Majesty. With this exception the provisions of sections 1, No. 8 of 1882. 3 (as amended by Ordinance No. 4 of 1885), 4, 7, and 9 of Ordinance No. 8 of 1882 shall to banish- apply to any banishment order made and to any person banished under the present this Ordin- Ordinance.

as amended.

ment under

14. Any order or notice of which service is required by this Ordinance shall be Service of deemed to be served if it is delivered to the party named therein personally or is left with order or some adult for such party at his usual or last common place of abode or business. notice.

15. The bye-laws which were made by the Sanitary Board of Hongkong for Repeal. the compulsory reporting of infectious, contagious, or communicable diseases under the provisions of section 13, sub-section 24, of the Public Health Ordinance, 1887, on the 24th day of October, 1895, and which were approved of by the Legislative Council on the 25th day of November, 1895, are hereby repealed.

Το

of

THE INFECTIOUS AND CONTAGIOUS DISEASES ORDINANCE, 1898.

Form A. NOTICE UNDER SECTION 4.

Take notice that it has been reported to me (or it has been discovered) that you are suffering from an infectious or contagious disease known as

You are

required to return to me within twenty-four hours of the receipt of this notice the certificate annexed, signed by a legally qualified doctor. (1) If you are certified to be (1) This suffering from such disease, you must continue to send to me, without further notice, a medical certificate of the state of such disease once every week until you are certified to be free from such disease.

Dated

be added

clause may

where no order under

Captain Superintendent of Police.

section 5 in made.

189

THE INFECTIOUS AND CONTAGIOUS DISEASES ORDINANCE, 1898. Form B. CERTIFICATE.

This is to certify that I have examined

of

not suffering from any form of infectious or contagious disease,

or,

and that

is suffering from that form of infectious or contagious disease known as

Dated

To

189

(Signed)

THE INFECTIOUS and Contagious Diseases ORDINANCE, 1898.

Form C.

ORDER UNDER SECTION 5.

of Having been certified by a doctor to be suffering from an infectious disease, known as

or contagious you are hereby ordered, within twenty-

four hours of the service of this order, to present yourself at the Government Civil Hos- pital, there to be treated in accordance with section 5 of the above Ordinance.

N.B. Please take this order with you to the Hospital.

Dated

Captain Superintendent of Police.

189