CO129-062 - Sir Bowring - 1857 [1-3] — Page 489

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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with such declaration of the Registrar General, then the Party so disputing or being dissatisfied with such declaration, shall have an Appeal to the Chief or Assistant Magistrate, or to any two Justices of the Peace, who is, and are, hereby authorized and empowered to hear, re-judicate, on such Appeals; and on the bar- ing thereof, to receive such evidence as may be adduced either in support of or against such Appeal, and whose decision thereon shall be final.

VII That Brothels Registered under the Provisions of Section V of this Ordinance, shall be liable to be visited by the Registrar General, and by the Superintendent, Deputy Superintendents, or Inspectors of Police, or by Constables to be from time to time specially appointed, and sent by him or them for such purpose,

and by the Colonial Surgeon or other Medical Officer or Officers to be from time to time appointed under the Provisions of this Ordinance. And the Registrar General and such several Officers as aforesaid are hereby empowered and authorized to visit and inspect the condition of such Brothels; and the Colonial Surgeon or such other Medical Officer as aforesaid is hereby empowered and authorized and required to visit each one of such declared, Brothels, and inspect and examine each one of the Inmates therein at least once in every days: Provided always that if the Registrar General shall, in writing, dispense the Colonial Surgeon or other Medical Officer or Officers from visiting any Brothels in such writing specified, "then the Colonial Surgeon or other Medical Officer or Officers shall not visit such Brothel, unless or until the Registrar General shall also have, in writing, revoked such previous direction.

VIII. That every Keeper, Mistress, or Manager of such registered Brothels as aforesaid, shall once in every Week furnish the Registrar General a true Report of the condition of Health of each and every of the Inmates of the same.

IX. That in every such Brothel there shall be kept suspended in some public place a Board contain- ing a List of the Names and Ages of the Inmates then resident in the House, and such List shall be altered from time to time according as any inmate may be absent therefrom either by means of leaving such House altogether, or of being removed therefrom either to Gaol or Hospital under the Provisions of this Ordinance. X. That any Brothel Keeper or Prostitute who shall offer any obstacle to, or refuse to admit such Registrar General, Superintendent, or Inspector of Police, or Constable so authorized as aforesaid, for the purpose of making such inspection as aforesaid, or shall refuse to submit to such inspection or examination by the Colonial Surgeon or such other Medical Officer as aforesaid, or shall furnish a wilfully false Report of the condition of Health of the Inmates as is hereby required, or shall not keep suspended such List of such inmates, and keep the same altered or corrected from time to time as is hereby required as the case may be, shall be guilty of a Misdemeanour, and shall be liable to a Penalty of not less than Dollars nor more than

Dollars, or may be imprisoned with or without hard labour for any time not exceeding

Days nor less than

Days.

XI. That every Prostitute, or Inmate of a Registered Brothel who shall be at any time declared by the Colonial Surgeon or such other Medical Officer as is aforesaid to be diseased or affected with any Venereal complaint, shall be removed by order of the Registrar General given under his Hand to such Hospital as shall be built or set apart for Women affected with Venereal Diseases under the provisions of this Ordinance, where such Prostitute shall be kept under the charge or control of the Medical Officers of such Hospital, and shall not leave or attempt to leave the same until properly discharged as cured by such Medical Officer; and on every occasion of discharging any such Prostitute from the said Hospital as cured, the Medical Officer so discharging such Prostitute shall give her a Certificate under his Hand of having been so discharged, which Certificate is upon the return of such Prostitute to the Brothel of which she was an Inmate before her removal to Hospital, to be produced and shewn to the Registrar General or to the Superintendent or Inspectors of Police, or to such Constables as may be appointed to visit and inspect such Brothel under the Provisions of Section VII of this Ordinance, whensoever the production of the same shalt be by him or them demanded. And any Prostitute who shall during her continuance in the said Hospital as aforesaid refuse to submit to the control or to obey the directions of the Medical Officer thereof, or shall leave or attempt to leave the same until she be properly discharged as cured as aforesaid, shall be guilty of a Misdemeanour, and shall be liable to be imprisoned with or without hard labour for any time not exceeding

Days nor less than

Days; and the Expenses which may be incurred in and about the maintenance and treatment of any such Prostitute in the said Hospital as aforesaid shall be a Debt due to the Crown, and shall be paid by the Keeper of the Brothel of which such Prostitute shall have been an Inmate or from which she shall have been so removed, and the same shall be suable for and recoverable by the Registrar General.

XII. If any Woman shall be found in any Registered Brothel labouring under a Venereal Disease, and the same shall have been proved before the Chief or Assistant Magistrate, or any Justice of the Peace, on the Oath of any Person (who shall have been certified by some Medical Man to be then affected with a Venereal Disease recently contracted,) to have infected such Person or communicated such Disease to him, then such Woman so convicted of communicating such Disease shall be punished by Imprisonment either in Gaol or Hospital for a term not exceeding Three Months, and the Keeper of such Brothel shall in every such case be fined a Penalty not exceeding One Hundred Dollars (recoverable as a Crown Debt, on default by Owner of House and Crown Lessee.)

XIII. Any Prostitute who shall infect or communicate a Venereal Disease to any Person serving in Her Majesty's Sea or Land Forces, shall be guilty of a Misdemeanour, and upon being convicted thereof shall be liable to Imprisonment with or without hard labour for a term not exceeding Three Months; and the Keeper of the Brothel in which such Prostitute shall reside shall, in every such case, be fined a Penalty not exceeding Two Hundred Dollars.

XIV.

The Keeper of every Registered Brothel shall pay to the Registrar General or his Collector, the Fee of One Half-dollar per Mensem which sum the Registrar General is hereby empowered and required to demand and collect; and which sum of Half-dollar per Mensem for each House is to be paid to the Colonial Surgeon as his Fee and Remuneration for visiting such Houses and inspecting the Inmates thereof according to the Provisions of this Ordinance; and the said Colonial Surgeon is hereby empowered to nominate to appoint a Deputy or Assistant, being a Person properly qualified to act for him, in case he, the said Colonial Surgeon, should either through illness or unavoidable absence, or from the performance of the Duties required of him under this Ordinance being too onerous, be any time incapacitated or unable to per- form such Duties or any portion of them.

XV. Every Keeper of a Registered Brothel shall be allowed, upon giving notice thereof to the Super- intendent of Police and obtaining his authority, to employ at his or her own private costs and charges a Constable for the protection of and the preservation of order in such Brothel, such Constables to be under the control of and responsible to the Superintendent of Police, and to wear a uniform to be chosen for the purpose; but to be solely employed about the protection of the Brothel by the Keeper of which each of them is employed and paid.

XVI. That a Hospital shall be built, or Premises in the first instance hired, expressly for the reception d treatment of Women affected with Venereal Diseases, and be applied to no other purpose whatsoever. The cost of or renting such Premises if necessary to be in the first instance defrayed out of the Colonial Treasury, and that a Tax be levied on each Registered Brothel of One Dollar per Mensem, such Tax to be paid to the Registrar General or his Collector; the proceeds of which Tax are to be accumulated and paid into the Colonial Treasury from time to time in abatement or discharge of the Moneys which may be advanced for the purpose of building and fitting up such Hospital, and also of building and fitting up a temporary Hospital for similar purposes, and keeping the same in good Repair and order until such permanent Llospital as aforesaid shall be built; and that such temporary Hospital be commenced and undertaken forthwith after the passing of this Ordinance; and that the site or ground for such Hospital be provided for the purpose by the Colonial Government; and that the Fees or Tax directed to be levied and paid by Section XIV and this Section shall be suable for and recoverable by the Registrar General, who shall account for the same to the Colonial Treasurer.

XVII. No Master of any Merchant Ship arriving in the Harbour of Hongkong shall permit arry Sailor to land from on board his Ship until he shall have made a declaration before the Harbour Master or the Official with whom he deposits his Ship's Papers, stating to the best of his belief whether there is any Person on board his Ship affected with any Venereal Disease; and if there be on board such Ship any Seaman so affected, then the Harbour Master is hereby authorized and empowered and directed by writing under his hand to have such Seaman removed to a Hospital, where he shall be kept until he be, by the Medical Attendant thereof, discharged; and upon every occasion of discharging any such Seaman from such Hospital as cured, the Medical Attendant of such Hospital so discharging such Seaman shall give him a certi cate under his Hand of having been so discharged, which Certificate is to be produced and shewn to the Harbour Master or his Deputy upon the return of such Seaman to his Ship. And every Master who shall wifully make a false declaration under this Section, or shall wilfully permit any Seaman to land from his Ship before he shall have made such declaration, shall be liable to a Penalty not exceeding

Dollars nor less than

Dollars; and the Expense which may be incurred in and about the maintenance and treatment of any such Seaman in such Hospital as aforesaid, shall be a Debt due to the Crown, and 9h-11 be paid by the Master of the Ship on board which such Seaman shall be employed; and the same shall be su and recoverable by the Harbour Master.

XVIII. That every Keeper of a Licensed Boarding House for Seamen shall furnish the Hart Master once in every Week a List of Seamen then resident in the House, and shall report in such List to the state of Health of each Seaman so far as he may be able to ascertain; and every Seaman who may reported or may be otherwise discovered to be affected with a Venereal Disease, shall be removed Warrant under the Hand of the Harbour Master to a Hospital, where he shall be kept until he be, by Medical Attendants thereof, discharged as cured, and shall have obtained from such Medical Attendants Certificate of his having been so discharged as is in Section XVII provided, which Certificate he shall pr duce and shew to the Harbour Master when required so to do; and the Expenses which may be incurre in and about the maintenance and treatment of any such Seaman in such Hospital, shall be a Debt due the Crown, and shall be paid by such Seaman; or in case of the Keeper of the Boarding House in whic such Seaman shall have resided before his removal to Hospital not having reported, or having made a fals Report as to the state of Health of such Seaman, then such Expense shall be paid by such Boarding Hous Keeper in case it shall appear to, and be certified by, the Colonial Surgeon or his Deputy or the Medics Attendants of the Hospital to which such Seaman may be removed, that the Disease with which he may b affected is of such a nature as that the Keeper of the Boarding House could, with ordinary and reasonabl observation, have ascertained its existence; and in all cases such Expenses such be suable for and recoverabl by the Harbour Master.

than

XIX. If any Seaman when reported by the Master of his Ship or the Keeper of the Boarding Hou in which he may be residing to be affected with a Venereal Disease shull refuse or offer any hindrance obstruction to his removal to Hospital; or having been removed to Hospital, shall attempt to leave the sar before he shall be properly discharged cured; or having been discharged cured, shall refuse to produce h Certificate of discharge when required by the Harbour Master or his Deputy authorized to demand th same; or being affected with a Venereal Disease, shall neglect or refuse to inform the Master of his Ship Keeper of the Boarding House in which he may be residing; then, and in every such case, such Seaman offending shall be guilty of a Misdemeanour; and being convicted thereof, shall be liable to a Fine of not less

Dollars nor more than

Dollars, or to Imprisonment with or witho hard labour for any time not exceeding

Days, nor less than

Days. XX. The Master of any Merchant Ship, before shipping any Seaman, may require that such Se shall be inspected by the Colonial Surgeon or other Medical Officer who may be appointed for such p. in connection with the Harbour Master's Department, and who is hereby required to attend at stated i in the forenoon and afternoon of each day at the Harbour Master's Office for the purposes of such inspec and the Colonial Surgeon or such other Medical Man upon such inspection is to give a Certificate nder his Hand as to the state of Health of such Seaman, which Certificate such Seaman is to produce and show to the Master of the Ship in which he may be about to serve; and for every such Certificate there shall be paid the Fee of One Half-dollar, to be paid by the Master or Agent of the Ship in case such Seaman should prove to be in sound Health, and by the Seaman himself or the Boarding House Keeper with whom he shall be residing in case he shall prove to be diseased; and One-half of every such Fee is to be paid to such Colonial Surgeon or other Medical Man as aforesaid, and the other Half is to be paid to the Colonial Treasurer- such Fees to be paid in the first instance to the Harbour Master, and to be recoverable by him.

XXI. In all cases where punishment by Imprisonment shall be inflicted under this Ordinance, such Imprisonment may be either in Gaol or in Hospital, and may be either with or without hard labour as the Court shall adjudge and the case may require.

XXII. In all cases in which Fines shall be imposed under the Provisions of any Section of this Ordinance and the Brothel Keeper on whom such Fine shall be imposed shall be unable to pay or discharge the same, then the same shall be levied off the immediate Landlord or Lessor of such House; and in case such Landlord or Lessor is not known or cannot be ascertained, then off the Crown Lessee of the Plot of Ground on which such House may be erected or built.

XXIII. That all cases arising under this Ordinance shall be tried or heard by and adjudicated by, and all Fines and Penalties herein mentioned, and all Sums herein declared to be recoverable, shall be sued for and recovered before, any Magistrate of Police either singly or any two or more Justices of the Peace in the manner provided by Ordinance No. 10 of 1844, entitled, "An Ordinance to regulate Summary Proceedings before Justices of the Peace, and to protect Justices in the execution of their duty.”

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