# Ordinance No. 21 of 1844

The ordinance is repealed by Ordinance No. 5 of 1845.
HONGKONG,
ANNO OCTAVO VICTORÆ REGINÆ,
No. 21 of 1844.
BY His Excellency JOHN FRANCIS DAVIS, Esquire, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China with the advice of the Legislative Council of Hongkong.
Title.An Ordinance for licensing the Sale of Salt Opium Bhaang Ganja Paun Betel and Betel Leaf within the Colony of Hongkong and for the licencing of Pawnbrokers and Auctioneers with a Table of Fees on official Licences and Signatures.
[26th day of November, 1844.]
Preamble.WHEREAS, it is expedient to raise such funds as may be necessary to defray the Civil expenses of the Colony of Hongkong and its Dependencies.
No person to act as (illegible text) weigher or broker of Salt or retail Opium Bhaang Ganja Paun Betel or Betel Leaf without a licence for that purpose.1. Be it therefore enacted and ordained with a view to the part performance of such object by His Excellency the Governor of Hongkong with the advice of the Legislative Council thereof. That no person shall within the said Island of Hongkong or its Dependencies of the waters thereof carry on the trade or occupation of a weigher or broker of Salt or sell or retail any Opium Bhaang Ganja Paun Betel or Betel Leaf in a smaller quantity than one chest for consumption without having previously obtained a licence for that purpose from the Governor for the time being in Council.
Power given to Governor in Council to grant such licences to one or more persons.2. And be it further enacted and ordained that it shall be lawful for the Governor for the time being in Council to grant by licence to one or more persons the exclusive right and privilege of exercising the trade or occupation of a broker or weigher of Salt and of selling or retailing any Opium Bhaang Ganja Paun Betel or Betel Leaf for consumption in any quantity less than one chest within the said Colony and its Dependencies and the waters thereof.
Licences how to be granted.3. And be it further enacted and ordained, that the said licence or licences shall be granted to the highest bidders to be ascertained either by Public Auction or by lenders to be sent in, in pursuance of public notice to that effect and on such conditions relative to the giving of Security for the payment of the sum tendered and for the maintenance of good order and the prevention of riots or disturbances among the persons engaged in the Salt-trade or on the premises of persons retailing or selling Opium Bhaang Ganja Paun Betel or Betel Leaf for consumption within the Colony of Hongkong or its Dependencies or the waters thereof and subject other regulations in all respects as from time to time to His Excellency the Governor with the advice of the said executive Council may seem fit.
Penalty for weighing Salt or retailing Opium Bhaang Ganja Paun Betel or Betel Leaf contrary to Law and regulations.4. And be it further enacted and ordained that if any person without obtained such licence as aforesaid or the permission or authority of the person so licenced as aforesaid shall exercies or carry on the trade or occupation of weighing Salt within the Colony of Hongkong and its dependencies or the waters thereof or shall sell or retail Opium Bhaang Ganja Paun Betel or Betel Leaf for consumption in any quantity less than one chest or shall infringe any of the Regulations from time to time established by the Governor in Council under the authority of this Ordinance he shall be liable to a penalty not exceeding 500 dollars to be recovered in a summary manner before any Magistrate of Police and in default of the said penalty being duly paid after conviction the same shall be levied by distress in the usual manner on the offender's goods and chattels and if there be no sufficient distress every such offender shall be liable to imprisonment for a period not exceeding six months.
Power to Governor in Council to make Regulations from time to time.5. And be it further enacted and ordained that it shall and maybe lawful for the said Governor in Council from time to time to make such further regulations or orders as to him shall seem fit respecting the weighing or vending of Salt or Opium Bhaang Ganja Paun Betel and Betel Leaf with a power to enforce the same by such penalties as shall seem expedient, provided always that such penalties shall not exceed those hereinbefore imposed.
Power to Governor in Council to make like Regulations for the farming selling and retailing of Bhaang Ganja Paun Betel and Betel Leaf as for Opium.6. And be it further enacted and ordained that it shall and may be lawful to and for the said Governor with the advice of the said Council to make hereafter all such rules and regulations as to him may seem expedient concerning the farming selling and retailing of Bhaang Ganja Paun Betel and Betel Leaf and that in the making and enforcing of such rules and regulations he shall be vested with all and singular the powers and authority hereby vested in him with respect to the farming selling and retailing of Opium.
No person to act as Pawnbroker Auctioneer or keep public Billiard table without a licence.7. And be it further enacted and ordained that no person shall exercise or carry on the trade or occupation of a Pawnbroker or of an Auctioneer or shall keep a public billiard table without having previously obtained a licence from the Governor for the time being in Council which licence shall endure for the space of one year from the date thereof provided always that every person taking out a Pawnbroker's or an Auctioneer's licence or licence for a public billiard table shall pay into the Colonial Treasury such sums as to His Excellency the Governor with the advice of the Executive Council may seem fit the said sums to be paid previous to the granting of such licence or licences.
Penalty 200 Dols.8. And be it further enacted and ordained that if any person shall without having obtained such licence as aforesaid carry on or exercise the trade or occupation of a Pawnbroker or Auctioneer or keep a public Billiard Table or either or any of them or shall be convicted of exposing for sale or putting up any thing whatever to public Auction or of taking any thing whatever in pawn he shall be liable to a penalty not exceeding 200 dollars to be recovered in a summary manner before any Police Magistrate and in default of payment the same to be levied by distress of his goods and chattels.
Auction duty of 2½ per cent.9. And be it further enacted and ordained that the Governor in Council if he sees fit shall be empowered to levy an Auction duty of 2½ per cent on all sales by Auction within this Colony.
Auctioneer to make quarter Returns on Oath and deduct Auction duties.10. And be it further enacted and ordained that every person who shall act as an Auctioneer in the said Colony shall make and give at the Office of the Colonial Secretary once in every three months a faithful and true Return on oath of all the sums received at sales made by him as Auctioneer within the said three months and that every such Auctioneer shall from every sum received by him on the sale of any article by him to that capacity deduct the sum sanctioned under this Ordinance and pay the amount thereof into the Colonial Treasury quarterly and it is hereby declared that any such Auctioneer failing duly to comply with the provisions of this Section shall be considered to have forfeited his licence and such licence shall be absolutely void by such neglect or default.
Table of Official fees to be levied after the passing of this Ordinance.11. And be it further enacted and ordained that the following Official fees as set forth in the annexed table shall be levied and made payable from and after the passing of this Ordinance all fees so levied to be paid into the Colonial Treasury.
| TABLES OF FEES TO BE LEVIED AS FOLLOWS:— |
| For granting a Marriage Licence | $5 |
| For the signature of the Governor | $„5 |
| For the signature of the Colonial Secretary | $„2 |
A fee amounting to ½ per cent on the annual value of salary of any Commissions or appointments by His Excellency the Governor.
Passed the Legislative Council of Hong Kong. this 20th day of November, 1844.
JOHN FRANCIS DAVIS,
Governor, &c., &c.
A. E. SHELLEY, Clerk of Councils.
This work is created by an officer of the Hong Kong Government, and is in the public domain in Hong Kong, because:
* It was created before 1899; or
* It was first published commercially within 75 years from the end of its creation year, and 50 years have passed since the end of the calendar year of its first commercial publication. In other words, it was created after 1898, and published before 1974.
See Section 182 of the Copyright Ordinance (Cap. 528) of the Laws of Hong Kong.
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