Rights acquir ed, &c. not to be affected. Extension of Imperial Acts. Amendment of Ordinances. II. Rights acquired, Liabilities incurred, and Acts done, at or before the passing of this Ordinance, shall not be affected by the said Enactments, or any of them. The SCHEDULE to which this Ordinance refers. Date of Act. Title or Subject Matter of Act. How much of the Act is extended by this Ordinance. No. 4. OF 1857. An Ordinance for amending the Ordinances therein mentioned. [5th March, 1857.] BE E it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. All Rules and Orders made or to be made by the Supreme Court, for giving effect to Ordinances No. 5. of 1856, and No. 7. of 1856, or either of them, shall be laid before and approved by the Legislative Council, before the same shall be issued; and all such Rules and Orders when so approved and issued, shall be published, and have the same Force within this Colony as if the same had been enacted by way of Ordinance. II. Has had its effect. III. In all Proceedings where Costs would have been recoverable by or from private Parties, they shall be recoverable by or from the Crown. IV. Section Eighteen of "The Common Law Procedure Act, 1854," is hereby declared to be applicable to all Trials, Criminal and Civil, within this Colony; but none of the other Sections thereof, not expressly extended by Ordinance or re-enacted here, are in Force within the same. Evidence. No. 7. of 1857. An Ordinance for amending the Laws relating to Juries and BE E it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in manner following, that is to say :— I. From and after the passing of this Ordinance, there are hereby extended to this Colony the Twenty-second Section of the Act of Parliament passed in the Sixteenth Year of Her present Majesty, Chapter Eighty-six, relating to the Court of Chancery; and also the whole of the Act of Parliament passed in the Nineteenth Year of Her Majesty, Chapter Forty-two, relating to Oaths and Notarial Acts, except Section Four of the last-mentioned Act: And also except so much of Section Five of the said last-mentioned Act as doth not relate to the Impounding or Custody of Documents, or the tendering in evidence Documents with false or counterfeit Seals or Signatures thereto. Extends 15 & 16 Vict. c. 86. s. 22. and 18 & with certain Exceptions, to this Colony. 19 Vict. c. 42., II. Any Person tendering in Evidence within this Colony any False Affidavits, false Affidavits, Affirmations, or Notarial Acts within the Meaning Affirmations, of Section Four of the said last-mentioned Act, knowing the same and Acts. to be false, shall, upon Conviction thereof, suffer the Penalties of Perjury. III. All Documents whatsoever, legally and properly filed or Foreign Docurecorded in any Foreign Court of Justice or Consulate, according ments. to the Law and Practice of such Court or Consulate, and all Copies of such Documents, shall be admissible in Evidence within this Colony, upon being proved in like Manner as any Documents filed or recorded in any Foreign Court are proveable under this or any other Ordinance; and all Documents whatsoever so filed or recorded in any Foreign Court or Consulate, and all Copies of such Documents, shall, when so proved and admitted, be holden as authentic and effectual for all Purposes of Evidence as the same would be holden in such Court or Consulate. IV. Repealed. V. Repealed. Perjury, if material to the Issue. VI. Where two or more contradictory Statements of Fact or Contradictory alleged Fact, material to the Issue or Matter in Question, have Statements by been wilfully and knowingly made by one and the same Witness, the same Witbefore any Court or Person empowered to administer an Oath, ness may be either at the same Examination or at two or more Examinations, punished as and whether before the same Court or Person, or before any other Court or Person, and whether the respective Truth or Falsehood of the said Statements can be ascertained or not, an Indictment or Information may be presented or exhibited against him, charging him with having, on the Day or Days of his said Examination or Examinations, wilfully and knowingly made the said conflicting or contradictory Statements, and setting forth the short material Purport or Effect thereof respectively; and if such Witness shall be thereof convicted in whole or in Part, he shall suffer the Penalties of Perjury. VII. If VII. If the Court before which any false Document within the Meaning of Section Two shall have been tendered, or before which the Statements in Section Six mentioned, or the last of them, shall have been so made, shall happen to be the Supreme Court, or the Court of Petty Sessions, such Court may, if it shall think fit, either direct a Prosecution of the same Offence for Perjury, and commit the Offender, unless he shall give Bail, for Trial at the next Sessions of the Court so committing, or treat the same as a Contempt of Court, and forthwith proceed summarily to punish the same, either by Fine not exceeding for every such Offence Two Hundred Dollars, or by Imprisonment, with or without Hard Labour, for a Term not exceeding for every such Offence Six Months, which Punishment shall be in lieu of all other Penalties hereby provided. VIII. Repealed. IX. Has had its effect. X. The word "Witness" in this Ordinance shall extend to every Person whose Acknowledgment, Answer, Plea, Deposition, Affidavit, or other Declaration upon Oath, either vivâ voce, in Writing, or upon Record, may be taken or might have been taken but for this Ordinance. XI. All Acts heretofore done, which if done after the passing of this Ordinance, or during the Time when the Ordinance No. Fifteen of 1856 was in Force, would have been legally done, or which were legally done during the Time last aforesaid, are hereby made legal and valid for all Purposes soever. No. 9. oF 1857. An amended Ordinance for better Securing the Peace of the BE I. His Excellency the Governor in Council may, by Proclamation, from Time to Time suspend, and from Time to Time revive, this Ordinance, or any Portion thereof; and subject thereto, this Ordinance shall come into Force at the time of the passing thereof, and shall so henceforth continue. II. Printed Forms of Passes shall be provided by the Superintendent of Police according to the Form following, that is to say: This is to certify, that the Bearer hereof [name] is authorized to pass and repass during the Night Season from and to the House of [Employer's name] in [Street or Road] Victoria, 'during the period of Days from the date hereof. Dated 'this Day of A.D. 1857. A.B., Superintendent of Police.' Security of Colony. which Forms shall bear Her Majesty's Arms, and be Sealed with the Police Office Seal; and shall be from Time to Time issued by the said Superintendent to such of the Occupiers of the several Houses within Victoria, for Use, as he shall find to be fit and proper Persons to receive and use the same, and according to the Wants of such Occupiers; yet so as that no Chinese Occupiers shall receive or hold more than One such Form at any one Time and that no further Issue of Forms be made to any Occupier but upon his delivering up or proving the Loss or Destruction of those whereof he was previously the Holder. ; Blanks to be filled up by the Occupier. III. Every Occupier using or allowing to be used any Pass, shall first fill up or cause to be filled up the Blanks therein according to the Truth of the Case; and he shall not use nor allow to be used any Pass except in conformity with the Facts Penalty. thereby appearing; and every Offence against this Section shall be a Misdemeanor. IV. The Superintendent of Police is empowered from Time to Power to reTime to call in and rescind any Pass previously issued by him, scind Passes. whether the Times for which they were issued shall have then expired or not; and any Person wilfully disobeying any such Call shall be guilty of a Misdemeanor. Pass. V. Any Chinaman found at large elsewhere than in his own Penalty for not Habitation between the hours of Eight in the Evening and Sun- having a Night rise, and not having a Pass duly issued and made out in conformity with Sections Two and Three of this Ordinance, shall be summarily punished by any Justice of the Peace for every such Offence, either by a Fine not exceeding Fifty Dollars nor less than Fifty Cents, or by Imprisonment and Hard Labour for a Term not exceeding Fourteen Days nor less than One Day, or by Public Whipping or Public Exposure in the Stocks, yet so as that no such Offender shall receive more than Twenty Blows, or be exposed for more than Two Hours, for any one Offence: Provided always, that the Hours herein-before specified in that Behalf may be from Time to Time altered by His Excellency the Governor in Executive Council; and every such Alteration when so made shall be forthwith notified in English and Chinese in the Hongkong Government Gazette. VI. Any Justice of the Peace may lawfully arrest, or cause to be arrested, with or without Warrant, any Person whom he shall reasonably suspect to be an Emissary or Abettor of Her Majesty's Enemies, or of Pirates, or of Chinamen disaffected to Her Majesty's Government, or otherwise dangerous to the Peace and good Order of this Colony, and him safely keep until he can be dealt with according to Law. Power to arrest and keep susries or Abettors pected Emissaof Enemies, &c. VII. His Excellency in Council may, by Order under his Power to deport Hand, prohibit any Person, not being a natural born or natural- for Five Years. ized Subject of Her Majesty, from residing or being within this Colony during any space of Time not exceeding Five Years; and (if such Order shall not be obeyed by the said Person) then may, by some other Order also under the Hand of His said Excellency, authorize and direct the Arrest and Imprisonment of such Person without Bail or Mainprize, and for his Deportation (being so arrested Co-operation with Fire Brigades. Chinamen not shall not carry Arms. Indemnity for past Acts. Security of Colony. Emigration Passage Brokers. arrested and imprisoned) beyond the Limits of this Colony, in which Deportation Force may be used if Need be for the Purposes thereof, and if by the said last-mentioned Order it be so expressed. VIII. Every Person whomsoever required by the Superintendent of Police to co-operate with any Fire Brigade, whether consisting of Volunteers or not, so that the same be approved by His Excellency, or in the Working of Fire Engines, or in the Suppression of Fire, shall be bound to obey such Requisition under the Penalty, for every case of Disobedience, of not less than Ten Dollars nor more than Fifty Dollars, to be imposed by any Justice of the Peace, or (if such Justice shall think fit and the Offender shall be a Chinaman) of not more than Fifteen Blows nor less than Five Blows. IX. Has had its Effect. X. Has had its Effect. XI. If any Chinaman, not being a Holder of a Night Pass, holding Passes shall carry abroad with him, whether by Night or Day, any Deadly Weapon whatsoever, he shall be guilty of a Misdemeanor. XII. All Acts done or attempted before the passing of this Ordinance, and which would have been lawful if so done or attempted after the passing thereof, are hereby authorized and made valid, and no Man shall at any Time hereafter be called in Question for or in respect of the same. Title. Preamble. No Person to act as a Passage having entered into a Bond and Broker without obtained a Licence. How Passage Broker's Licences may be obtained. No. 11. OF 1857. An Ordinance for Licensing and Regulating Emigration I. From and after the passing of this Ordinance, no Person shall act as a Passage Broker or in procuring Passengers, for or in the Sale or Letting of Passages in any Emigrant Ship, unless he shall, with Two sufficient Sureties to be approved by the Emigration Officer, have entered into a joint and several Bond in the Sum of Five Thousand current Dollars, to Her Majesty, Her Heirs and Successors, according to the Form contained in Schedule A. hereunto annexed, which Bond shall be renewed on each Occasion of obtaining such Licence as herein-after mentioned, and shall be deposited with the Emigration Officer; nor unless such Person shall have obtained a Licence to let or sell Passages, nor unless such Licence shall be then in Force; and where different Members of the same Firm act as Passage Brokers, each Person so acting shall comply with the Terms of this Section. II. Any Person wishing to obtain a Licence to act as a Passage Broker, shall make Application for the same to the Emigration. Officer, and the Emigration Officer is hereby authorized (if he shall think fit) to grant such Licence according to the Form in Schedule |