1
tab.
390
Licensing of Boats,
&c.
Scale of Boat Fares,
Hire.
XVI. The Registrar General shall grant to such Persons, upon such Security and in such For His Excellency in Council shall think fit, and upon payment made to the use of the Crown of such therefor according to size as in the said Schedule hereunto annexed is in that behalf specified, Certifie of License of Boats or Vessels plying for hire within the Waters of this Colony, or carrying Passen between this Colony and the Ports on the Chinese Main (other than Boats or Vessels having B Colonial, or Foreign Registers (not being Chinese Registers); and also other than Market Boats or Ve or Boats or Vessels, visiting this Colony merely for Trading purposes); and every such Boat or Vessel carry on each of her bows and on her stern, legibly painted upon Wood or Tin, the true Number of Certificate aforesaid, which Number shall be supplied by the Registrar General for that purpose; and such Certificate or Number shall be transferred or lent unto any other Boat or Vessel, or the Persond board of the same, nor shall any Certificate or Number other than such as the said Registrar General have granted under this Section be assumed or exhibited by any such Boat or Vessel, or the Per on board of the same. And every Person having charge of any such Boat or Vessel is hereby comma whensoever thereunto required, to exhibit the Certificate granted in respect thereof under this Sep And all Persons having charge of Boats or Vessels, and, not having obtained or not having on board Certificate as aforesaid (other than as aforesaid), are hereby forbidden to employ their said Boats or Ve in plying here within the said Waters, or in carrying Passengers between this Colony and the said på or to cause, suffer, of Lonnive at their said employment.
XVII. Scales of Fares for all Licensed Boats and Vessels licensed to ply for Hire within the and Chair and Porter Waters, and also Scales for the Hire of all Public Conveyances, Chair Coolies, and Porters, by the Day, H
or Job, with all proper Regulations for exceptional cases, shall be prepared and fixed, and, if expedient, itme to time altered and varied, by His Excellency the Governor; and every such Scale and Varie thereof shall be notified in the Government Gazette, and shall be evidence of the right of the Faz enocerned to the Fares or Hires therein mentioned. And no Person owning or having charge of any Boat, Vessel, or Conveyance, or being such Chair Coolie or Porter, or Bearer or Driver of any such veyance, shall demand or receive a greater Fare or Hire than by the Scale for the time being in force, relating thereto is sanctioned and notified; and no such Person shall refuse, without reasonable sufficient cause, to accept employment according to his Scale, whensoever offered in conformity with Ordinance, or use any abusive or insolent language to any Person soever, so employing him, or offering such employment. Licenses to receive XVIII. No Person soever, Chinaman or European, shall lodge, receive, or keep any Chinese Labour and lodge Coolies, &c. or Coolies, (not being Persons in his actual employment as such, or bona fide Inmates of his Teneme
Boat, or Vessel,) nor any Chinese Emigrants, or intending Emigrants, in or upon any Tenement within Colony, or on board of any Boat or Vessel lying within the same or the Waters thereof, and not being att time actually and bona fide engaged in or for the lawful voyage of the Labourers, Coolies, or Emigrants, t on board thereof, unless such Person shall have first obtained from the said Registrar General his Lice in writing in that behalf, which License the said Registrar General is bereby required to grant for term and upon such conditions as he shall think fit, upon proof first made of the fitness of such Person receive the said License, and upon payment by him to the said Registrar General advanced and made the same of such yearly or other Fee as in the Schedule hereto is expressed, and he may from time to call in and revoke or alter the same so often as shall be expedient.
Visitation, inspec- XIX. The Registrar General is charged especially for the purposes of this Ordinance to visit, insp tion, and approval of and approve of any Tenement, Boat, or Vessel, in respect whereof application shall be made to him fo Tenements, &c., for License, under Section Eighteen, before he shall grant or renew the same; and it shall be at all time the purpose and pre- vention of abuse. during the continuance of any License by him so granted or renewed, his duty to enforce the observa of good order, decency, and morality, and the prevention or punishment of Nuisances and other abus among the Inmates thereof, and whether by them or by any other Person committed, and to secure to said Inmates the enjoyment of their personal rights, as British Subjects, whether permanently or for time being.
Land.
Residing or Build- XX. No private Person shall occupy or erect any Building or other thing soever upon Land ing, &c., on Crown being under Lease from the Crown, without the License of the Surveyor General; nor with such Licen
if the same could not have been lawfully occupied or erected before the passing of this Ordinance. Security to appear
XXI. Any Stipendiary Magistrate or Justice of the Peace may cause any Chinese Person to within Twelve Months. reasonable Security for his appearance in any Court for any purpose and at any time within Twelve Mont and every adjudication to that effect shall be made in open Court and reported forthwith to His Excellenc and such Chinese not finding such Security shall be deemed a Person dangerous to the Peace off Colony, within the meaning of Ordinance No. 9 of 1857.
Licenses for Public Meetings.
Mendicaney for-
bidden.
XXII. Written Licenses under the hand of the Governor for the holding of Meetings to cons in a lawful way the redress of supposed Grievances, or for Religious or Theatrical Entertainments, ori any other purposes of Public Interest, may be granted to any Chinese Occupier applying for the sam and without such Licenses, no Chinese people shall hold or be present at any Meetings soever of a pu nature, not convened by the Governor or Sheriff, and not being solely for the purposes of Religio Worship.
XXIII. Mendicancy in the public Highways or Streets is hereby forbidden.
XXIV. The Governor in Council is empowered to direct the Census of Population to be lah The Power to direct within this Colony from time to time as to His said Excellency in Council shall seem meet, and every
direction may be addressed to the Registrar General.
Census.
ed.
Blank Returns to be
XXV. Upon receiving any such direction, the Registrar General shall prepare and cause to prepared and deliver- delivered at every Dwelling and Place of Business throughout this Colony, a Blank Return, to be filled t
before a certain day to be therein named with the Names and Number of the Occupiers and Inmates every such Dwelling or Place of Business, and the Persons in their employment, or residing with them, within their Tenements, according to their several Names, Sexes, Occupations, and Countries.
XXVI. Every such Blank Return shall, according to its tenor and the truth of the case, be filed filled up and returned. by the Occupier of the Dwelling or Place of Business where the same shall have been left; and he
within Five Days after the day on which the same was so left, return, or deliver it, so filled up as afores to the Registrar General,
The Blank to be
certain
Disqualification of
respect of interest,
XXVII. No Person acting or employed by any other Person acting in the execution of the Persons in Ordinance, and no Member of the Family of any such Person, shall be possessed of or interested in
the Boats, Vessels, Conveyances, or (in cases within Section Eighteen) Tenements to which this Ordin relates, either in his or her own right or in the right of another, and either at Law or in Equity.
XVIII. Persons violating, or disobeying, or failing to comply with, the several Provisions of this ance shall, upon summary conviction of such Offence before the Registrar General if a Justice of ence, or (if the said Person shall so demand) before a Stipendiary Magistrate, or any Two Justices Peace sitting for him, incur, and pay, or suffer the several Penalties and Forfeitures hereinafter tively made applicable to the same, that is to say :-
1. For every Offence against Section Seven, a Sum not exceeding Forty Dollars.
2. For every Offence against Section Eleven, a Sum not exceeding Ten Dollars.
3. For every Offence against Section Fourteen or Section Fifteen, a Sum not exceeding Twenty-five
Dollars.
4. For every Offence against Section Sixteen, a Sum not exceeding Fifty Dollars.
5. For every Offence against Section Seventeen, a Sum not exceeding Twenty Dollars.
6. For every Offence against Section Eighteen or Section Nineteen, a Sum not exceeding Fifty Dollars. 7. For every Offence against Section Twenty, a Sum not exceeding Fifty Dollars, (besides the Ex.
penses of the Removal of the Building or Thing occupied or erected).
8. For every Offence against Section Twenty-two, a Sum not exceeding One Hundred Dollars. 9. For every Offence against Section Twenty-three, a Sum not exceeding Five Dollars; or the Offender shall, at the discretion of the Court, receive not more than Thirty-six Blows, nor less than Five Blows, with a Rattan; and he shall also, if His Excellency in Council shall so decide, be deported to any place in the Chinese Empire or elsewhere.
10. For every Offence against Section Twenty-six, a Sum not exceeding Twenty Dollars.
11. For every Offence against Section Twenty-seven, a Sum not exceeding Five Hundred Dollars; and also, (where the nature of the case admits thereof,) forfeiture of, and incapacity to hold, any employment under this Ordinance.
Penalties.
1. Against Sect. 7. 2. Against Sect. 11. 3. Against Sects. 14
and 15.
4. Against Sect. 16. 5. Against Sect. 17. 6. Against Sects. 18 aud 19.
7. Against Sect. 20. 8. Against Sect. 22. 9. Against Sect. 23.
10. Against Sect. 26. 11. Against Sect. 27.
not specifically pro- vided for.
12. And for every such Disobedience, Violation, or Default, for which no specific Penalty is hereinbefore 12. For every offence
provided, such Sum, not exceeding in any case Five Dollars, as the Court shall think fit. XXIX. In case of non-payment of any of the said pecuniary Penalties, the same may be recovered by of the ways and means whereby, on any summary proceedings before Justices, Penalties are or shall nalties. ecoverable; yet so as that no Offender against Section Twenty-six shall be liable to be imprisoned in
case.
Enforcement of Pe-
In case of Security, XXX. Where, upon the conviction of any Offender under this Ordinance, it shall appear that, before commission of the Offence, he had given security and that by such Offence the same is become the amount of Penalty to be that of the Secu- rity. sited, the amount of such security shall be deemed to be the Penalty actually incurred by him, and all not be lawful for the Court to impose any Penalty for his said Offence, save and except the amount is said security.
Case or Certiorari.
XXXI. Every adjudication under this Ordinance shall be final, unless where a Case shall be ed, delivered, and prosecuted with effect according to Law, or unless a Certiorari for removing the edings, either before or after judgment, shall be obtained, by the Crown or by the Defendant, as the may be, within Ten Days from the first commencement of the said proceedings, and unless the pro- Tings upon the said Certiorari shall be prosecuted, with effect, in the Supreme Court, within Six Weeks the obtaining thereof. And the Costs of such Case, or (as the fact may be) Certiorari and Proceedings, be paid to or by the Crown according to the event thereof. XXXII. For the purposes of this Ordinance, the following Terms and Words shall be severally Construction of words. , not only in their received sense, but also to extend to and include the meanings hereinafter specified, is to say
"Occupier,"
r,” «Person occupying," and "Master of a House or Tenement," shall include every Person acting as Master thereof, Occupant of the ground floor thereof at a rent, and (in the event of a vacant House or Tenement, or of no other Occupier thereof being to be found) Owner thereof, or his Agent. And "House," "Tenement," or "Building" shall include any Shop, Outhouse, Shed, or Roof.
And "European" shall include all Persons other than Asiatics, and also all such Asiatics (not being
Chinese) as owe or shall owe permanent allegiance unto Her Majesty:
And "Chinese" shall include Natives of Hongkong and other places out of the Empire of China,
being of Chinese blood or following Chinese usages:
Occupier.'
"House or Building.”
'European.'
And Chinese :*
Exception.
Save only and except where by the express letter of this Ordinance a more limited meaning hath
been attributed to any or either of the said Terms and Words. XXXIII. All Acts done before the passing of this Ordinance, which, if done after the passing thereof, Retrospective. ld have been legal and valid, shall be deemed legal and valid for all purposes soever,
Passed the Legislative Council of Hongkong,
this 10th Day of May, 1858.
L. D'ALMADA E CASTRO, Clerk of Councils.
JOHN BOWRING.
SCHEDULE TO WHICH THIS ORDINANCE REFERS:-
Fee for Hawkers,
$0.50 Quarterly.
1st Class Boats or Vessels.
10 00 Annually.
5.00
24
do.
do.
71
3d
do.
do.
3.00
"
19
0.50
4th
do.
do.
33
»
Undertakers' Licenses,
10.00
5+
3
5.00
Licenses of Tenements, Boats, or Vessels, for lodging or reception of
Coolies or Emigrants (for every Ten Inmates) if by the Year, And if by a lesser term (for every Ten Inmates,)
0.10 per diem.
*
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