637861-1897-Ordinance-No-25-of-1897-assented-to — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 11TH DECEMBER, 1997. 1067

No. 25 of 1897.

An Ordinance to amend the Law relating to

Vagrants.

LS

WILLIAM ROBINSON,

Governor.

[22nd November, 1897.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Vagrancy Or- Short title. dinance, 1897.

2. In this Ordinance unless the context otherwise re- Interpreta- quires,-

tion.

"Vagrant" means any person other than a Chinese

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found asking for alms or being without either em-

ployment or visible means of subsistence.

'Agent" of a vessel includes any person who under- takes the agency of such vessel, though he may not be the consiguce thereof.

3. The Governor may provide a House of Detention for Governor Vagrants at such place as he may think proper, and may may provide appoint a Superintendent and such Officers as he may tention; in

House of De- think proper, and may remove any such Superintendent or the meantime Officers at pleasure.

Victoria Gaol,

The Governor may, by notification in The Gazette, certify declared as any building or part of a building to be a House of Detention such. for the purposes of this Ordinance, and until any such house be provided the Gaol at Victoria may be used as such

house for the purpose of this Ordinance.

of Detention.

4. Every House of Detention shall be under the imme- Superintend diate charge of a Superintendent who shall be appointed, ent of House and may be suspended or removed, by the Governor, and until any other appointment is made the Superintendent of Victoria Gaol for the time being shall be the Superintendent of the House of Detention.

5. Any Police Officer may require any person who is Conveyance apparently a Vagrant to accompany him or any other Police before Officer to, and to appear before, a Magistrate.

Magistrate,

a person to be a vagrant.

6. Such Magistrate shall, in such case, or in any other Magistrate case where a person apparently a Vagrant comes before may declare him, make a summary enquiry into the circumstances of such apparent Vagrant and, if satisfied that he is à Vagrant, shall declare him to be such, adding, where practicable, any prior date from which, in his opinion, such person has, in this Colony, been a Vagrant as defined by this Ordi-

nance.

Detention.

7. If such Magistrate shall be further of opinion that Committal such Vagrant is not likely to obtain employment at once, to House of or if he has reason to believe that a declaration of vagrancy has on any former occasion been recorded in respect of such Vagrant, he shall require such Vagrant to go to a House of Detention, and shall draw up an order to that effect.

8. Such Vagrant shall then be placed in charge of the Power to Police for the purpose of being forwarded to the House of detain. Detention and the said order shall be a sufficient authority to the Police for retaining him in their charge while he is on his way to the House of Detention, and to the Super- intendent of the House of Detention for receiving and detaining such Vagrant.

9. Where the Magistrate dealing with such Vagrant is Magistrate of opinion that the Vagrant is likely to obtain employment may forward in the Colony, such Magistrate may, in his discretion, forward to place of

employment. the Vagrant in charge of the Police to the place where such employment is likely to be obtained and may draw up an order to that effect. Such order shall be a sufficient authority to the Police for retaining the Vagrant in their charge whilst on his way to such place of employment, and afterwards, should he not succeed in obtaining such employment.