652813-1891-Ordinances-6---7-of-1891-Assented-to-Medical-Register — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1891.

Penalty for street gambling.

Forfeiture of implements of gambling and money.

Professional gamblers not being natural born British subjects may be banished by order of the Governor in Council. (Straits

Ordinance of 1888.)

Boys may be whipped. Ibid.

Repeal.

writing to that effect, and shall be freed from all criminal prosecutions and penal actions, and from all penalties, forfeitures, and punishments to which he may have become liable for anything done before that time in respect of the matters touching which he has been so examined; but such witness shall not be indemnified under this Ordinance unless he receive from such Magistrate or Judge a certificate in writing under their hands, stating that such witness has on his examination made a true disclosure touching all things as to which he has been examined; and if any action, information, or indictment be at any time pending in any Court against any person so examined in respect of any act of gambling touching which he was so examined, and if any action, information, or indictment be at any time pending in any Court against any person so examined as a witness in manner before mentioned, for any such matter or thing, such Court shall, on the production and proof of such certificate, stay the proceedings in any such action, information, or indictment, and may, in its discretion, award to such person such costs as he may have been put to by such action, information, or indictment.

17. Any person found gambling in the street or acting as watchman to street gamblers shall be liable on summary conviction to be fined any sum not exceeding twenty-five dollars or be imprisoned with or without hard labour for any term not exceeding two calendar months.

18. Where any persons are found gambling in the streets all implements of gambling and also all money in actual use for the purpose of gambling, or found in the possession of such persons may be forfeited by the Magistrate if in his discretion he shall think fit.

19. If at any time it appears to the Governor in Council that any person not being a natural born British subject is a professional gambler or is engaged in the promotion of gaming contrary to the provisions of this Ordinance he may issue an order banishing such person from the Colony for such period and generally in such manner as to the Governor in Council may seem expedient and upon the issuing of such order the like consequence shall ensue in all respects as though such order had been issued under the powers con- ferred by "The Banishment Ordinances, No. 8 of 1882 and No. 4 of 1885."

20. Any male person convicted of an offence under this Ordinance who may appear to be of such tender years as to require punishment rather in the way of school discipline than of ordinary criminal justice may, in lieu of any other punishment hereby provided, be sentenced to be once privately whipped with a light rattan or cane with any number of strokes on the breech not exceeding twelve.

21. The following Ordinances or parts of Ordinances are hereby repealed :-

All the unrepealed portion of Ordinance 9 of 1876. Ordinance No. 27 of 1888.

Section 13 of Ordinance 13 of 1888 so far only as it

relates to gambling or unlawful gaming.

But such repeal shall not revive any enactment repealed. by any of the said Ordinances or sections and shall not affect anything duly done or suffered before the passing of this Ordinance.

Passed the Legislative Council of Hongkong, this 5th day of May, 1891.

A. M. THOMSON, Acting Clerk of Councils.

Assented to by His Excellency the Governor, the 6th

day of May, 1891.

W. M. DEANE, Acting Colonial Secretary,

SCHEDULE.

Form of Warrant under See. 11.

TO EACH AND ALL OF THE CONSTABLES OF THE COLONY

OF HONGKONG.

WHEREAS it appears to me (A.B.), one of the Justices of the Peace for the Colony of Hongkong, (of my own knowledge or)by the infor mation on oath of (C.D.), of

that the place

1

(here insert description of the plac:) is kept or used as a Common Gaming House within the meaning of The Gambling Ordinance, 1891. This is, therefore, to require you with such assistance as may be necessary, to enter and, if necessary, to break into the said place and to arrest all such persons as may be found therein and to seize all cards, dice, balls, counters, tables, lottery tickets and other imple- ments of gambling or which may be used as such and also all monies or securities for money which shall be either in actual use for the purpose of gambling or be found upon the person of the keepers of Such place, and the said implements of gambling and money or secu- rities for money to bring before a Magistrate to be dealt with accord- ing to the Ordinance and for so doing this shall be your warrant.

GIVEN under my hand and scal at Victoria, in the Colony of Ilong- kong, this

day of

189

A. B..

J. P.

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