CO885-(2-3) — Page 477

EASTERN COLONIES,

April, 1848, to

be in force in

the colony

when appli- vable.

Section 4 of

78

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

exception of their applicability as contained in the said fourth section of Ordinance No. 6 of 1845), as existed when the said Colony obtained a local legislature that is to say, on the fifth day of April, 1843-shall be of force therein.

HONGKONG.

ANNO VICESIMO OCTAVO VICTORIA REGINÆ,

No. 11 of 1865.

AN ORDINANCE to repeal certain Enactments which have been consolidated in several

Ordinances relating to Criminal Offences.

[14th June, 1865.] I. Section 4 of Ordinance No. 6 of 1845, and Section 3 of Ordinance No. 2 of 1846, Onlus, shall, after the coming into operation of this Ordinance, be so construed as not to include and Setia as of force in this Colony any Acts or parts of Acts of the Imperial Parliament made of Ordinate and passed prior to the fifth day of April, One thousand eight hundred and forty-three, No 2 of 1816, how to be on and which are enumerated in the schedule annexed to the Act of the Session of the twenty-fourth and twenty-fifth years of Her present Majesty, chapter ninety-five, and which said Acts or parts of Acts are thereby repealed.

stud

AND ALSO AS TO PRESERVATION OF GAME.

79

for every such offence to pay a penalty not exceeding one hundred dollars nor less than one dollar, that is to say:

EASTERN

COLONIES.

3. The trespassing, by man or beast, upon or in any messuage, tenement, cemetery, Traps on or land being vested in or under the control or management of any public public lande. officer, or department whatsoever.

HONGKONG.

ANNO DECIMO NONO VICTORIE REGINE.

No. 11 of 1856.

AN ORDINANCE for Lighting the City of Victoria.

[12th June, 1856.]

&c.

to removal or

eluttels, ex-

III. The laws relating to the removing, taking, carrying away, or stealing of fixtures Lawen-lating and chattels respectively, shall be interpreted to apply to the removing, taking, carrying felony of fix- away, or stealing of the said irons, posts, lamps, and oil respectively, by any persons tures and whomsoever; and the property of and in all such articles shall be deemed to be vested tended to in the Surveyor-General for all the purposes of any action, suit, or information brought lampe, irans. or preferred against any person for or in respect of the same, or for or in respect of any trespass, injury, misdemeanour, or felony done or committed in respect of any of the said articles.

c.

PUBLIC RECORD OFFICE

Reference:

C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Form of t

VICTION.

Defect- form not to vitiat Any

pureeding.

HONGKONG.

ANNO SEXTO ET SEPTIMO VICTORLE REGINE.

No. 10 of 1844.

AN ORDINANCE to regulate summary proceedings before Justices of the Peace, and to

protect Justices in the Execution of their Öffice.

[10th April, 1841.]

XII. And be it enacted, that in all cases, except where a particular form of judgment or conviction shall have been or shall be by any such Ordinance directed to be used in that behalf, a judgment or conviction in the form, or to the effect of the form (as the case shall happen to be), prescribed by the schedule to this Ordinance annexed, shall be good, valid, and effectual, to all intents and purposes whatsoever, without setting forth or stating in such conviction the name of any informer or witness, or the particular place where the offence was committed, or whether the defendant appeared, or was or was not summoned to appear, and without setting forth or stating the evidence or facts in any further or more particular manner than shall be necessary to show that the offence was one against the true intent and meaning of the law, and no conviction, warrant of committal or distress, or other proceeding whatsoever (whether under this or any other Ordinance, and whether a particular form shall have been or shall be in that behalf directed or not), shall be quashed in any case, for any mere error or mistake in any name, or date, or title, or in any matter of description only, and where any distress shall be made for levying any money, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ab initio, on account of any irre- gularity afterwards committed by him, but the person aggrieved by such irregularity may recover satisfaction for the special damage, if any, by an action on the case, and in all cases whatsoever regard shall be had alone to the substantial merits and justice of the case.

HONGKONG.

ANNO DECIMO NONO VICTORIE REGINE.

No. 12 of 1856.

AN ORDINANCE to regulate Chinese Burials, and to prevent certain Nuisances, within

the Colony of Hongkong.

[12th June, 1856.] VI. The offences next hereinafter specified shall be deemed to be nuisances within punishable at the meaning of all laws, at any time in force within this Colony, for the better repression of nuisances, save that the Court or Justices before whom any person shall be found guilty of any such offence, in lieu of all other punishment for the same, shall order him

Nuuencon

the disen tion of the court.

1

HONGKONG.

ANNO VICESIMO Octavo Victorie REGIN.E.

No. 4 of 1865.

&c., with in-

bodily harm.

AN ORDINANCE to consolidate and amend the Enactments in force in this Colony

relating to Offences against the Person.

[2nd June, 1865.] 29. Whosoever shall set or place, or cause to be set or placed, any spring gun, man Betting trap, or other engine calculated to destroy human life or to inflict grievous bodily harm, spring guns with the intent that the same or whereby the same may destroy or inflict grievous tent to inflict bodily harm upon a trespasser or other person coming in contact therewith, shall be res guilty of a misdemeanour, and, being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall knowingly and wilfully permit any such spring gun, man trap, or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid; provided that nothing in this section contained shall extend to make it illegal to set or place any gun or trap such as may have been or may be usually set or placed with the intent of destroying vermin: provided also, that nothing in this section shall be deemed to make it unlawful to set or place, or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or placed, or caused or continued to be set or placed, in a dwelling-house, for the protection thereof.

No. 1 of 1870.

AN ORDINANCE enacted by the Governor of Hongkong, with the advice of the Legislative Title

Council thereof, for the Preservation of Birds.

[30th March, 1870.] WHEREAS the destruction of birds has of late greatly increased, and it is expedient to Preamble. make provision for their preservation, and also for checking the frequent discharge of firearms in the neighbourhood of dwelling houses to the annoyance of the inhabitants: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. The term "Bird" shall for the purposes of this Ordinance mean and include every description of wild bird, except the following:

1. Birds of Game within the meaning of the Imperial Act 1 & 2 William IV.,

c. 32.

Deßnition of term "Bird.

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