Chinese Tithings or Kap.
Dutics of Kap. |
Duties of the Káp- cheong.
XIII. All Chinese Houses shall be divided into Tithings or Káp of Ten Houses each, wherein every Occupier of a House shall answer to Her Majesty for the good conduct of the occupiers of the other nine: and over every Tithing or Κάρ one of the occupiers of the Houses comprised in the same shall be Kapcheong or Tithingman, to be elected by common vote of the said Tithing or Káp to that office, subject to the approval of this Government, and he shall be the proper Itepresentative of the said Tithing or Kap, and be distinguished by some Badge to be appointed by His Excellency, and he shall hold his said office during. one year; and no other person shall assume the title or badge of Kapcheong of such Tithing or Kap. F XIV. It shall be the duty of every such Occupier of a House to report to his kápcheong without dela,, to the utmost of his skill and knowledge, all Cases, or Suspicions of Crime, committed or to be committed, and generally, for all the purposes of this Ordinance, to be aiding and assisting to the said Kápcheong in the execution of the same; and further, to do his utmost to prevent all crimes, felonies, and misdemeanours, and to apprehend all persons whom he shall find in the actual commission of the same.
XV. It shall be the duty of the Kapcheong to communicate forthwith to the Registrar General all such reports as in Section Fourteen are mentioned, when and as the same are received by him; and likewise to report to him to the utmost of his skill and knowledge, and without delay, all such Cases, or Suspicions, whether so reported from the Káp or not; and in all viher respects to discharge the duties and exercise the powers of a Constable of the Police Force of Hongkong, save so far as the same are altered by this Ordinance. XVI. The Kápcheong, as the proper representative of his Káp, shall be aiding and assisting unto the ecuting process, &c., Civil, Naval, and Military authorities of this Colony, in the execution of Warrants, Writs, and Process, and in a kúp.
the making of Searches, Inquiries, and Arrests, within any house of his Káp; and the said authorities are authorized to communicate with the said Kápcheong, for the purposes of this Section.
The medium of ex-
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I'ower to elect and appoint Tepos.
Powers and Duties of the Tepo.
XVII. His Excellency in Council shall have power to approve for, and appoint to, the office of Tepo in each Town, Village, Hamlet, and District, of this Colony, a proper person to be presented unto him by the occupiers of Chinese houses therein, or (in default of such presentment) to be nominated by His Excellency in Council for that purpose.
XVIll. Every Tepo shall have, throughout his Town, Village, Hamlet, or District, the same powers and authorities, and perform the same duties, as are hereinbefore conferred and imposed on a Kápcheong, with respect to his Kúp.
The Tepos and Káp- XIX. All Tepos and Kápcheongs shall be immediately subordinate unto the Registrar General, and cheongs shall be regu-shall conform to his orders, and obey and enforce whatsoever Rules and Regulations he shall, with the lated by the Registrar approbation of His Excellency, frame and issue for the better execution of their respective duties under
this Ordinance.
General,
Salary of the Tepo. XX. The amount of the Salary of each Tepo shall be fixed by His Excellency in Council, and shall be raised by way of levy, at the same time with the Police Tax of his Town, Village. Hamlet, or District, upon the Annual Value of the Chinese Houses within the same, according to the Assessment thereof to the said Tax, and at a rate per cent sufficient to raise the said amount; and it shall be the duty of the Registrar General to ascertain the said rate, and to receive the amount of the said levy when made, and to pay thereout to the Tepo his said Salary, and to account with the Government, and also with the said Town, Village, Hamlet, or District, for the remainder, if any, of the amount levied; and the provisions of all Ordinances for the enforcement of the payment of Police Taxes, shall be extended to the enforcement of the said levy.
Power of Arbitration.
Unlicensed Hawking prohibited.
Conditions and Fees
XXI. A Tepo shall be permitted to act as Arbitrator in disputes of a Civil nature only, arising between Chinamen, willing to submit the same to his arbitrament; and his award being reduced to writing, and approved by the Registrar General, shall be received in evidence, and may be carried into effect by any Court wherein the same, shall come in question.
XXII. The Hawking of Goods or Wares in the Streets or Roads of this Colony without a License from the Registrar General is hereby prohibited.
XXIII. No License for such Hawking shall be granted by the Registrar General to any person except of lawking Licenses after proper enquiry into the Character of the Applicant, and upon due and ample Security for his good conduct, and subject to forfeiture on his conviction of any offence before any Justice of the Peace. And every applicant, on receiving his said License, shall pay therefor to the Registrar General, to the use of the Crown, the Fee in that behalf mentioned in the Schedule hereunto annexed.
None but Licensed
The Registrar Ge- XXIV. The Registrar General shall grant to such fit and proper persons, being Chinamen, as sliall neral to grant Under make application unto him in that behalf, Licenses to undertake and perform the Burials of Chinese Dead in taker's Licenges.
the Cemeteries, and after the manner prescribed by law; and every such License shall be limited in duration to One Year, but renewable at the expiration of each Year; and there shall be paid to him to the use of the Crown for every such grant or renewal the Fee in that behalf specified in the Schedule hereunto annexed. XXV. No Person, not being an Undertaker licensed under Section Twenty-four, shall benceforward Undertakers to bury undertake or perform any Burials of Chinese Dead, or dig any Grave within any such Cemetery as aforesaid. or dig Graves.
XXVI. Every Licensed Undertaker is hereby required to use his best skill and endeavour, to prevent The Undertakers are
and repress all Offences against, and violations of the Laws for regulating Chinese Burials, and to apprehend, required to prevent and repress Offences or cause to be apprehended, all persons accused thereof, and from time to time to report every such offence against Burial Laws. or violation to the Registrar General with all reasonable speed.
Licensing of China XXVII. It shall be lawful for the Registrar General to grant to such persons, upon such Security and Boats, &c.
in such Form as he shall think fit, and upon payment to him made to the use of the Crown of such Fee there- for according to size as in the said Schedule hereunto annexed is in that behalf specified, Certificates of License of Chinese Boats or Vessels plying for hire within the waters of this Colony, or carrying passengers between this Colony and the Ports on the Chinese Main (other than Chinese Boats or Vessels visiting this Colony merely for Trading purposes ;) and every such Boat or Vessel shall carry on each of her bows and on her stern, legibly painted upon Wood or Tin, the true Number of her Certificate aforesaid, which Number shall be supplied by the Registrar General for that purpose; and no such Certificate or Number shall be trans- ferred or lent unto any other Boat or Vessel, or the persons on board of the same, nor shall any Certificate or Number other than such as the said Registrar General shall have granted under this Section be assumed or exhibited by any such Boat or Vessel, or the Persons on board of the same. And every person having charge of any such Boat or Vessel is hereby commanded, whensoever thereunto required, to exhibit the Certificate granted in respect thereof under this Section. And all Persons having charge of Chinese Boats or Vessels, and not having obtained or not having on board such Certificate as aforesaid (other than as aforesaid) are hereby forbidden to employ their said Boats or Vessels in plying here within the said waters, or in carry- ing passengers between this Colony and the said Ports, or to cause, suffer, or connive at their said employ
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ment.
Power to grant Pro- XXVIII. Upon Security given to the Registrar General and to his satisfaction for the character and tection Tickets.
conduct of the persons concerned, and upon payment made to him by them of such Fee therefor as in the said Schedule hereunto annexed is in that behalf specified, the Registrar General, when thereunto requested by the said persons, may male out in such form as he shall think fit, and deliver unto the said persons, a Ticket under his hand, entitling any Chinese Boat or Vessel having such certificate as aforesaid to the pro- tection of Her Majesty's Naval Forces against Pirates. And it is hereby required, that no such Person shall lend any such Protection Ticket to any other Person, and that no Person shall use or borrow any Protection Ticket whereof he is not the grantee.
XXIX. Scales of Fares for all Licensed Boats and Vessels within the said waters, and also Scales for the Hire of all Coolies and Labourers by the Day, Hour, or Job, with all proper Regulations for excep tional cases, shall be prepared and fixed, and, if expedient, from time to time altered and varied, by the 4Registrar General, subject to the approval of His Excellency the Governor in Council; and every such Scale and Variation thereof shall, when and as approved, be notified in the Government Gazette, and shall be evidence of the right of the parties concerned to the Fares or Hires therein mentioned. And a correct and complete copy of every Scale of Fares for the time being in force shall be furnished by the Registrar General to every sucli Boat or Vessel, which copy the persons owning or having charge of the said Boat or Vessel shall cause to be fixed and exhibited in some conspicuous part thereof. And no Person owning or having charge of
any such Boat or Vessel, or being such Coolie or Labourer, shall demand or receive a greater fare or hire than by the Scale for the time being in force and relating thereto is sanctioned; and no such Person shall refuse, without reasonable and sufficient cause, to accept employment according to his Scafe, when- soever offered in conformity with this Ordinance, or use any abusive or insolent language to any Person soever. to employing or offering him such employment.
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Scale of Boat Fares and Coolie Hire.
Licenses to receive
XXX. No Person soever, Chinaman or European, shall lodge, receive, or keep any Chinese Labourers or Coolies, (not being Persons in his actual employment as such, or bona fide inmates of his Tenement, Boat, or and lodge Coplies, &c. Vessel), nor any Chinese Emigrants, or intending Emigrants, in or upon any tenement within this Colony, or on board of any Boat or Vessel lying within the same or the waters thereof, and not being at the time actually and bona fide engaged in or for the lawful voyage of the Labourers, Coolies or Emigrants then on board thereof, unless such Person shall have first obtained from the said Registrar General his License in writing in that behalf, which License the said Registrar General is hereby empowered to grant for such term and upon such conditions as he shall think fit, upon proof first made of the fitness of such Person to receive the suid License, and upon payment by him to the said Registrar General advanced and made for the same of such yearly or other Fee, as in the Schedule hereto is expressed, and he may from time to time call in and revoke or alter the same so often as he shall deem expedient.
and
Visitation, inspec-
XXXI. The Registrar General is charged especially for the purposes of this Ordinance to visit, inspect,
Tenement, Boat, or Vessel, in respect whereof application shall be made to him for a tion, and approval of of approve any License, under Section Thirty, before he shall grant or renew the same; and it shall be at all times during the Tenements, &c., for continuance of any License by him so granted or renewed, his duty to enforce the observance of good order, the purpose and pre- decency, and morality, and the prevention or punishment of nuisances and other abuses among the Inmates vention of abuse. thereof, and whether by them or by any other Person committed, and to secure to the said Inmates the enjoyment of their personal rights, as British Subjects whether permanently or for the time being.
XXXII. No Private Person shall occupy or erect any Building or other thing soever upon Land not Residing or Build- being under Lease from the Crown, without the Licence of the Registrar General, nor with such License, if ing, &c., on Crown the same could not have been lawfully occupied or erected before the passing of this Ordinance.
Land.
XXXIII. Any Stipendiary Magistrate or Justice of the Peace may cause any Chinese Person to find Security to appear reasonable Security for his appearance in any Court for any purpose and at any time within Twelve Months, within Twelve Munthis. an every adjudication to that effect shall be reported forthwith to His Excellency; and such Chinese not finding such Security shall be deemed a Person dangerous to the Peace of the Colony, within the meaning of Ordnance No. 2 of 1857.
Licenses for Public
XXXIV. Written Licenses under the hand of the Governor or Registrar General, for the holding of Meetings to consider in a lawful way the redress of supposed Grievances, or for Religious or Theatrical Meetings. Entertainments, or for any other purposes of Public Interest, may be granted to any Chinese occupiers apply- ing for the same; and without such Licenses, no Chinese people shall hold or be present at any Meetings soever of a public nature, not convened by the Governor or Sheriff, and not being solely for the purposes of Religious Worship.
XXXV. Mendicaney in the public Highways or Streets is hereby forbidden.
Monde ney forbidden.
XXXVI. The Governor in Council is empowered to direct the Census of Population to be taken The Power to direct within this Colony from time to time as to His said Excellency in Council shall seem meet, and every such Census, direction may be addressed to the Registrar General.
XXXVII. Upon receiving any such direction, the Registrar General shall prepare and cause to be Blank Returns to be delivered at every Dwelling and Place of Business throughout this Colony, a Blank Return, to be filled up prepared and deliver- before a certain day to be therein named with the Naines and Number of the Occupiers and Inmates ofed. every such Dwelling or Place of Business, and the persons in their employment or residing with them or within their tenements according to their several Names, Sexes, Occupations, and Countries.
XXXVIII. Every such Blank Return shall, according to its tenor and the truth of the case, be filled up The Blanks to he by the Occupier of the Dwelling or Place of Business where the same shall have been left; and he shall filled up and returned. upon demand, within Five Days after the day on which the same was so left, return, or deliver it, so filled up as aforesaid, to the Registrar General.
XXXIX. Persons violating, or disobeying, or failing to comply with, the several Provisions of this Ordinance shall, upon summary conviction of such offence before the Registrar General, or (if the said person shall so demand) before a Stipendiary Magistrate, or any Two Justices of the Peace, incur, and
pay, or suffer the several Penalties and forfeitures hereinafter respectively made applicable to the same, that is to say :-
1. For every offence of vagrancy, (being a first offence), within the meaning of Section Seven, the penalty of exposure in the stocks for a period not exceeding Three Hours, nor less than Half-an- hour; or (being a second or subsequent offence) the like penalty together with the public in- fiction af not more than Thirty-six Blows, nor less than Five Blows with a Ra tan; and also together with deportation if His Execellency in Council shall think fit.
2. For every offence against Section Eight, a Suni not exceeding Forty Dollars, nor less than Two. 3. For every offence against Section Eleven, or Section Twelve, a Suni not exceeding Twenty Dollars,
ncr less than One Dollar.
4. For every offence against Section Thirteen, Section Fourteen, Section Fifteen, Section Eighteen or
Section Nineteen, a Sum not exceeding Fifteen Dollars, nor less than One Dollar.
5. For every offence against Section Twenty-two, a Sum not exceeding Ten Dollars, nor less than
Fifty Cents.
6. For every offence against Section Twenty-five, a Sum not exceeding Twenty-five Dollars, nor less
than One Dollar.
7. For every offence against Section Twenty-six, a Sum not exceeding Twenty-five Dollars, nor less
than One Dollar.
8. For every offence against Section Twenty-seven. a Sum not exceeding Fifty Dollars, nor less
than Five, or the forfeiture of the Boat or Vessel.
9. For every offence against Section Twenty-eight, a Sum not exceeding Fifty Dollars, nor less than Five, or if the Court shall so think fit the forfeiture of the Boat or Vessel, either in lieu of, or in addition to, the said Sum.
10. For every offence against Section Twent nine, a Sum not exceeding Twenty Dollars, nor less
than Fifty Cents.
Penalties.
1. Against Sec. 7.
2. Against Sect. 8,
3. Against Seets. 11.
and 12.
4. Against Sects. 13, 14, 15, 18 and 19.
5. Against Sect. 22.
6. Against Seet. 25.
7. Against Sect. 26,
8. Against Seet. 27,
9. Against Sect. 28.
10. Against Sect. 28.
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