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the time of clearance to have on board with him (not being so shipped as aforesaid) without having obtained a proper License for the same, according to the Provisions of this Section, shall be deemed to have been illegally had on board by the said Passenger, Wholesale Store- VII. No Keeper or Owner of any Wholesale Store or Magazine, (not being a Government Naval Store keepers not to issue or Magazine, or Military Store or Magazine,) shall henceforward issue therefrom any of the said Munitions, Munitions without a without the written License of the proper Authority first had and obtained, for which License no Fee shall
be payable: And such License may be in the form following, that is to say :-
License.
Form of License.
Opening cases of Combustibles, &c.
era.
Licenses to Retail
1 [or We] A.B. [or C. D and E. F.] Chief Magistrate of Police or two Justices of the Peace] in and for Hongkong, do hereby authorise [applicant's name] of [his place of residence or business] to receive [describe the Munitions] from [Keeper's or Owner's name] of [name or
description of * Store or Magazine] it having been made to appear to my [or our] satisfaction that the same is '[or are] needed for a proper purpose. Dated this L
day of [Signeture or Signatures.]" VIII. No such Keeper or Owner shall open, or permit to be opened, within his said Store or Maga- zine, any Case, Barrel, or Box containing Munitions of a combustible or explosive nature.
IX. No Person shall henceforward deal in any of the said Munitions by way of Retail, nor (unless he Dealers or Storekeep- shall be such Keeper or Owner, as aforesaid, or a Person bona fide acting under the lawful directions of Naval, Military, or Police Authorities,) have, keep, or store any combustible or explosive Munitions as aforesaid, not being bond fide required and intended for his private use, without having first obtained from the proper authority a License in writing, wherein the purpose thereof, and the place in respect whereof the same is granted, shall be clearly expressed: And (in the case of any such License to have, keep, or store the said fastmentioned Munitions) there shall not be demanded, or received, any Fee for the same; but (in the case of any other License to be granted under this Section) there shall be paid to the said authority the Yearly
Dollars by the said applicant to the use of the Crown.
Licensed Places of Retail dealing to be
Fee of
X. The place so expressed in any License to deal as in Section Nine is mentioned, shall, during the open to inspection, and continuance of the said License, be at all times open to the visitation and inspection of a Justice of the the Licenses to be pro- Peace, and also of the Superintendent of Police: And every such Licensee shall, during the said con-
tinuance, allow and assist such visitation and inspection.
duced.
No Retail Dealer to XI. No such licensed Dealer as aforesaid shall, at any one time have, keep, store, or deliver any have more than 50lbs. quantity of Explosive or Combustible Materials within the meaning of this Ordinance, excceding the weig weight at a time of ex. plosive Munitions. of Fifty Pounds thereof in the whole.
Carriage or Removal of Licenses.
Form thereof.
Who may not have
any Munitions in their
possession.
1. Qualified Persons
as aforesaid.
2. Officers.
3. Their Subordin.
ates.
4. Europeans and
Americans occupying
land.
5. Residents with,
and Servants of, qua-
lified Persons,
6. Persons producing
Certificates to Retail
Dealers.
Form of Certificate.
XII. No Person (unless he shall be in that behalf acting under the lawful directions of the Naval, Military, or Police Authorities) shall carry or remove, or cause or assist any other to carry or remove, from any place within the Colony to any other place within the same, any of the said Munitions (not being actually intended and required for the defence of the Persons carrying the same) without the Written License of the proper authority, which License shall be granted without Fee, and may be in the form follow- ing, that is to say :-
This is to certify that [name of License.] is hereby licensed to remove here describe as accurately as may be the nature and make of the Arms, the number of Cases, ar Keys, (specifiying what the latter contain) and the entire weight of the latter] from [name of place whence] to [name of plake "whither :]
And all men are required to allow the same to pass without hindrance. Dated this [
] Day of [
-}
[Signature or Signatures.]* XIII. No Person soever henceforward shall receive, or have in his possession, any of the said Munitions, unless he belongs to some one or more of the classes next hereinafter mentioned; that is to say :-
1. Persons qualified under the foregoing Sections of this Ordinance, so far as they are thereby
qualified in that behalf;
2. Civil, Naval, or Military Officers of Her Majesty's Government;
3. The lawful Subordinates of such Officers;
4. Europeans or Americans occupying Land within this Colony;
5. Persons actually resident with, or in the actual service of, any Person belonging to either of the
Classes in this Section enumerated; And
6. Persons producing to, and depositing with, any Licensed Dealer as aforesaid, upon receiving from him for their own use any such Munitions hy sale, barter, gift, or loan, a Certificate signed by any Justice of the Peace, which Certificate shall be granted without Fee, and may be in the form following, that is to say:-.
'I [name of Justice] do hereby certify that the bearer [applicant's name] of [place of residence ar business] is to my knowledge a fit and proper Person to obtain and have [ ] Pounds of Gunpowder [or a Gun, or One Hundred Percussion Caps, or as the case may be,] which he requires for his own use. Dated this [
] Day of [
•] [Signature.] XIV. No Person soever, licensed or unlicensed, shall henceforth, for any cause or reason soever, nitions to Persons not deliver to and for any Person not being qualified or authorised as aforesaid, to receive, or have, any Muni- qualified.
tions to which this Ordinance relates.
No delivery of Mu-
Nor for the purpose
XV. No Person soever, licensed or unlicensed, shall wilfully deliver or cause to be delivered to, or for of being used against Her Majesty's Author any Person soever, any of the said Munitions, with the purpose, design, or knowledge, that the same may rity.
be, or are intended to be, used by Pirates, or Chinese People in armis against Her Majesty's Forces, or withstanding, rebelling, or warring against Her Authority.
on demand.
Dealers in Munitions
to make Returns there of within 14 Days.
Licenses and Certi- XVI. All Holders of Licenses or Certificates under this Ordinance shall, upon demand, produce ficates to be produced- them to, and permit the same to be perused by, any Justice of the Peace, Peace Officer, Person serving in the Sea or Land Forces of Her Majesty or the East India Company, or any two of Her Majesty's Subjects XVII. Every Person having in his possession, custody, or power, any such Munitions as aforesaid, shall (unless he shall prove that he is not a Dealer in any such Munitions, or that he so hath the same for the Defence of himself or of his Property, or for Sporting,) make and return to the proper authority, within Fourteen Days next after the passing of this Ordinance, a full and true account of the number and nature of all such Munitions now in his possession, custody, or power, and of his disposal thereof, and of the Names or Descriptions of the Persons (if any) to or from whom he shall have delivered the same or any of them; which account shall, before the said return thereof, be verified by the solemn declaration of the Person making the same at the foot thereof, and according to the Statute.
Monthly Returns by XVIII. Within the First Week of every Month henceforward, every such Keeper or Owner of a Storekeepers and Li- Store or Magazine as aforesaid, and every Person licensed under Section Nine, shall make and return to the said Authority a like account verified in like manner of the Number and Nature of all such Munitions theretofore in his possession, custody, or power, (and not before accounted for to the said authority) and of
censees.
the Names or
Descriptions of the Persons (if any) to or for whom he may have delivered the same, and
of the Number and Nature of such of the said Munitions as are at the date of his said account in his posses- sion, custody, or power; yet so as that he shall not be required to include in his said account any Munitions
so had by him for Defence or Sporting as aforesaid.
XIX Every such Keeper, Owner, or Dealer, as aforesaid, immediately upon receiving for sale any
Accounts of Muni-
such Munitions as aforesaid, shall make and return to the said Authority a like separate account thereof tions received for sale. verified in like manner.
XX
He shall also keep a separate Book for his dealings in the said Munitions, wherein he shall truly Book of Munitions make and keep entries of his Stock of Munitions for sale, and of every receipt of Munitions for sale, and of to be kept examined. every sch Munition sold and delivered, or otherwise disposed of, with the Time when, and the Name of the Person to whom, and of the Person for whom, the same shall have been so sold, delivered, or disposed of; and he shall make all such entries at the times to which the same relate, and he shall at all reasonable times allow the proper Authority or any Person having the written direction of such Authority, to have access to the said Book, and to xamine the same, and to compare the entries therein with the stock of Munitions of the said Keeper, Owner, or Licensed Dealer, in order to test the accuracy of the said entries.
XXL. The
proper Authority, (not being the Chief Magistrate of Police,) and every other Justice of the Peace or Officer, immediately after executing any power or duty under this Ordinance, shall make and to the Chief Magis. return unto the said Chief Magistrate an account of their or his execution of the said power or duty, wherein trate. the material particulars of such execution shall be set forth briefly, yet so as to enable the said Chief Magistrate to complete and make his Return for the current Month under the Provisions next hereinafter
contained.
Returns to be made
Returns to be made XXII. The Chief Magistrate of Police shall, within the First Seven Days of every Month, prepare in duplicate, and shall within the same space transmit to His Excellency the Governor, one copy of a Tabular to His Excellency, and affixed at the Magia- Return of all Licenses and Certificates granted under this Ordinance, during the Month next preceding the tracy for general in- First Day of the Month wherein the said "Return is so prepared, showing the Date when every such License formation. or Certificate was issued, the Name and Itesidence of the Person to whom it was issued, and the Nature
and Quantity of Munitions to which the same refers: And shall within the said First Seven Days affix another copy of the said Tabular Return to some conspicuous place at or near the Police Magistracy for general information.
XXII. Any Justice of the Peace, Peace Officer, or Person serving in the Sea or Land Forces of Power to seize con. Her Majesty or of the East India Company, or any two Subjects of Her Majesty, may, with or without traveners of the Ordi nance, and their Mu- Warrant, lawfully seize any Person whom he or they shall reasonably suppose to be guilty of any Contra nitions and means of vention of this Ordinance, for the purpose of bringing him or causing him to be brought before the proper carriage. Court for the determination thereof: And also (if necessary or proper for the purposes of this Ordinance) seize and take possession of any Munitions whereunto the said supposed Contravention shall relate, and the means (if any) used or employed in the carriage of the same: And it is hereby forbidden to any Person soever to obstruct, oppose, or resist, any Person so seizing in the execution of his power in that behalf, or to rescue, or attempt to rescue, from him any Person, Munition, or Thing seized by him under his power XXIV. Any Person convicted of either of the next hereinafter enumerated Violations or Contraven. tions of or Defaults regarding this Ordinance shall suffer such pain, penalty, forfeiture, or punishment, as is hereby appointed for or in respect of the same, that is to say:
aforesaid
1. For any such offence against Section Three, a Fine not exceeding Five Thousand Dollars, nor less than One Hundred Dollars; together with the forfeiture of the Munitions to which such offence shall relate.
2. For any such offence against Section Four (not being on offence within the meaning of the condition of the Bond therein mentioned) the like Fine and Forfeiture, or (if within the said meaning) the penalty of the said Bond.
Scale of Penalties.
1. Against Sect. III.
2. Against Sect. IV.
3. For every offence against Section Five or Section Six, a Fine not exceeding Three Times the 3. Against Sects. V
Value, nor less than Half the Value of the Munitions to which such offence shall relate; together and VI. with the forfeiture of the same Munitions.
4. For every offence against Section Seven, a Fine not exceeding Four Hundred Dollars, nor less
than Twenty Dollars.
4. Against Sect. VII.
5. For every offence against Section Eight, a Fine not exceeding Two Hundred Dollars, nor less 5. Against Sect.VIII,
than Ten Dollars.
6. Against Sects. IX,
6. For every offence against Section Nine, Section Ten, or Section Eleven, a Fine not exceeding x, and XI.
Five Hundred Dollars, nor less than Twenty-five Dollars.
7. For every offence against Section Twelve, a Fine not exceeding Five Thousand Dollars, nor less 7. Against Sect. XII.
than One Hundred Dollars, together with the forfeiture of the Munitions to which such offence shall relate, and the Vehicle, Beasts, or other Means of Carriage employed in or about the same.
8. For every offence against Section Thirteen, or Section Fourteen, à Fine not exceeding One
Hundred Dollars, nor less than Five Dollars.
9. For every offence against Section Fifteen, the pains and penalties of High Treason,
10. For every offence against Section Sixteen, Section Seventeen, or Section Eighteen, a Fine not
exceeding Five Hundred Dollars, nor less than Twenty-five Dollars.
11. For every offence against Section Nineteen, or Section Twenty, a Fine not exceeding One
Hundred Dollars, nor less than Five Dollars.
12. For every offence against Section Twenty-three, a Fine not exceeding Five Thousand Dollars,
nor less than One Hundred Dollars.
8. Against Sections XIII and XIV.
9. Against Section
XV.
10. Against Sections
XVI, XVII, & XVIII.
11. Against Sections XIX and XX.
12. Against Section XXIII.
Summary Proceed-
Fines and Forfeitures.
XXV. The Fines and Forfeitures aforesaid shall be recoverable with Costs, by way of Summary Proceedings before a Stipendiary Magistrate or two Justices: And all or any of the ways and means ings and disposal of used or to be used in such proceedings for enforcing payment of monies, shall be applicable to proceedings under this Section: Aud all such Fines and Forfeitures shall be applied by the Crown for the general purposes of this Colony.
cases.
XXVI. Secondary Evidence of any Document under this Ordinance shall be admissible as in other Secondary evidence.
Suspending power.
XXVII. His Excellency in Council may, by Proclamation, from time to time, and as often as may be deemed fit, suspend and revive the execution of this Ordinance: And any such Suspension may be either for a time fixed, or during pleasure; and, where the time shall have been fixed, His said Excellency may nevertheless before the expiration thereof lawfully exercise his said power of revivor before the expiration of the time so fixed, if any emergency shail occur to require an immediate revivor thereof.
ration.
XXVIII. All Acts done before the passing of this Ordinance which, if done after the passing thereof, Retrospective ope- would have been lawful, shall be deemed lawful for all purposes soever.
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