CO129-007 - Sir John Davis - 1844 — Page 250

Headman Contrac-

tor, e., prohibited from employing any

person unprovided

a Registration with

Ticket.

Penalty for know. ingly retaining unre- gistered persons.

Penalty for neglect. ing to Register.

Exemptions.

Tepos to send in Returns when called

to.

Census.

Return to be made by Householders.

Boats, &c., to be Registered.

Penalty on owners, &c.

Boat-

. Masters of Chinese

7.-And be it further enacted and ordained that no person being a beadman, contractor, or other shall hire any or other persons coolies or workmen, not being previously resident in the Colony for the purposeof executing any work or service in the said Colony, unless such person or coolie or workman not hereinbefore excepted shall have previously obtained a Registration Ticket and shall produce the same to the person so hiring him of them.

8-And be it further enacted and ordained that if any person shall knowingly retain in his or her employment or harbour or suffer to reside in his or her house or on his or her premises any person hereby required to be registered who shall not be duly registered according to the provisions of this Ordinance he shall be liable to a penalty not exceeding 20 dollars.

9. And be it further enacted and ordained, that if any person liable to be re- gistered under the provisions of this Ordinance shall be found residing in the said Colony for the space of twenty-four hours without having been registered he shall be liable to a penalty not exceeding 20 dollars: Provided always that nothing herein contained shad be construed to extend to perso us employed on board vessels of war or government transports under any circumstances, nor to officers or seamed belonging to merchant vessels lying in the harbour or roads of Victoria who previous to landing shall obtain from the master or officer in charge of the said vessel leave to go ashore in writing under his hand.

10. And be it further enacted and ordained, that all headmen or Tepos shall be bound to give a return when called upon by the said registering officer of the boundaries of their districts, of the names and occupation together with the particulars bereinbefore set forth of all persons residing in their respective villages or districts and an account of the sex, ages and country of all such persons and shall specify in the said return the number of the house according to the Register and the number of persons residing in cach house and every such Tepo shall be liable to a penalty not exceeding 20 dollars for each and every person hereby required to be registered found residing within their respective villages or districts without being duly re- gistered as aforesaid or whom they shall not have reported to or caused to be brought before the said registering officer, or who shal: fail after duc requisition to make every such return as is hereby required.

11-And be it further enacted and ordained, that for the purposes of the Census the said Registrar-General or such other officer so to be appointed as aforesaid shall when and so often as he may be directed by the Governor and Executive Council case to be delivered or left at the residence or place of business of any householder or householders a blank return to be filled up before a certain day to be therein named with the names and numbers of persons in his or their employ. ment or residing within his or their house or houses or on his or their premises and shall in every such return distinguish and describe the sex country and occupation of every person so resident as also whether any and which of them be either aliens or resident strangers and that on or after the said day named in the said blank return the said householder or householders is or are hereby required 10 transmit the said return or deliver the same on demand within 5 days after its being left at such residence or place of business as aforesaid so filled up to the said Registrar-General or such other officer so to be appointed as aforesaid and on failure to do so the said householder or householders shall be liable to a penalty uot exceeding 50 dollars each.

12.--And be it further enacted and ordained that all lighters bumboats ferryboats and other vessels plying for lure within the harbours and waters of this Colony shall be duly registered with the number and description of the crew and of the persons living therein by the said registering officer or such other officer so to be appointed as aforesaid the said particulars to be entered in a book to be kept for that purpose and a certificate of such Registry shall be given to the master or headman of such lighter bumboat ferryboat or other vessel the number of such registry to be legibly painted on cach side and on the stern of such lighter bumboat ferryboat or other vessel.

13.-And be it further enacted and ordained that if any person not having previously obtained such certificate of Registry and not having painted the number on such lighter bumboat ferryboat or other vessel as is hereinbefore provided shall let or hire or cause to be let or hired any such lighter bumboat ferryboat or other vessel within the waters of the said Colony or shall show a false certificate of registry or one granted for another vessel or shall permit or connive at the said certificate being made use of for another vessel, or shall paint or exhibit a false number on the said lighter bumboat ferryboat or other vessel he shall for every such offence forfeit and pay a sum not exceeding 25 dollars, and be liable to confisca- tion of the boat on non-payment of the fine.

14-And be it further enacted and ordained that all masters of Chinese vessels Vessels to report them fréquenting the waters of this colony shall report themselves immediately upon their arrival in such waters and previous to their departure to the Registering Officer who shall grant them a certificate of entry or clearance or if he see cause to withhold the certificate of clearance, he shall report the same to Government.

selves.

Penalty for neglect.

Penalty on evasion

of this Ordinance in cases not otherwise provided for. General 13tuuli,

Interpre-

15. And be it further enacted and ordained that every master of a Chinese vessel who shall not conform to the provisions of the section herein before last mentioned shall forfeit and pay a sum not exceeding 20 dollars.

16. And be it further enacted and ordained that if any person shall wilfully conccal or falsify the particulars of any information required of him for the pur- poses of this Ordinance or shall on applying to be registered give a false namo or description or shall transfer or lend his registration Ticket to any other person or shall wear or show the Registration Ticket of another as his own for the purpose of evading the provisions of this Ordinance, or shall refuse or fail to comply with any provisions of this Ordinance he shall where no other penalty is hereinbefore specially provided be liable to a penalty not exceeding 50 dollars."

17.-And be it further enacted and ordained that in order to provide for the changing circumstances of the said colony it shall and may be lawful from time to time for the Governor and Executive Council by Proclamation made in the usual manner to alter or vary the several provisions of this Ordinance.

18. And he it further enacted and ordained that all penalties enforced by this Ordinance shall be recovered in a summary manner before any Police Magistrate and that one moiety thereof shall go and be paid to the lufornier and in default of payment and on failure of any sufficient distress the party shall be liable to im- prisonment with hard labor for any time not exceeding two calendar months.

Provided always that the penalty of imprisonment shall not in any case attach to the violation of any of the provisions hereiubefore contained respecting the retures to be made by any householder for the purpose of any Census, so required as hereinbefore mentioned and it is hereby further ordained and provided that in the interpretation of this Ordinance every word importing the singular number only shall extend and be applied to several persons as well as one person and every word im- porting the masculine gender only shall extend and be applied to a female as well as a male unless when sucli rule of interpretation shall be inconsistent with the context of this Ordinance.

Passed the Legislative Council of Hongkong,

this 13th day of November, 1844.

A. E. SHELLEY,

Clerk of the Councils.

JOHN FRANCIS DAVIS, Governor, &c. &c.

HONGKONG.-Published by Authority.

Printed by Joux Cana,

Power to Governor

in Council to vary by Proclamation the pro- visions of this Ordi. nance.

Recovery of Penalty.

247